TERMS FOR USE OF ALK MAPS DEVELOPER PORTAL.
In order to use the ALK Technologies, Inc. (“ALK”) ALK Maps software development kit (the “SDK”) with your interfacing application, your Company must first execute the ALK Maps Developer Agreement (“DLA”). You may not use the SDK if your Company does not execute the DLA. These terms are in addition to and supplement the DLA and apply specifically to your use of the SDK. By clicking to accept these terms on the portal or actually using the SDK, you affirm to ALK that you have been properly authorized by your Company to do so as its representative. You may not use the SDK if: i) you are not of legal age to form a binding contract with ALK; or ii) you are a person barred from receiving the SDK under the laws of the United States or other countries including the country in which you reside or from which you access the SDK.
By agreeing to the DLA, you acknowledge that: i) ALK is not responsible for any Third Party content; ii) the Software may collect and use data for which ALK respects privacy rules; iii) ALK uses different sources for Third Party map data (the “Map Data”) for which ALK is not responsible; iv) you are not allowed to use this data for real time route guidance application; and (v) location data may not be accurate.
License: ALK grants you, as an individual, a non-exclusive, non-transferable right to install, use and test the SDK on a single device at a time. ALK may extend, enhance or otherwise modify ALK Maps at any time without notice. Continued use of ALK Maps will be subject to your agreement to abide by the terms of the DLA.
Anti-Piracy Protection: The SDK is provided to you with a product activation key and other technology to prevent unauthorized use and copying. You will thus need to activate your SDK with the associated method in order to use it. If you try to activate an excessive number of times, the ALK Anti-Piracy Protection method might be applied and ALK reserves the right to close the product key.
Prohibited Use: Unless you have ALK’s prior written permission, you may not (i) use, copy, modify, alter, or transfer the SDK or accompanying documentation, except as expressly permitted in this License; (ii) translate, disassemble, decompile, or reverse engineer the SDK or (iii) sublicense or lease the SDK or its documentation.
Privacy: ALK reserves the right (which it may from time to time exercise), to collect location based information on a basis that preserves your anonymity. We may ask you to provide us data information on SDK accuracy. We may use this information for support purposes, to develop new features and overall to improve the quality of ALK’s products and services.
Warning: The SDK and the data are only tools to help interface your application with ALK Maps. ALK shall not be held responsible for any information provided by the SDK including any Map Data, traffic data or any route calculation.
END USER LICENSE AGREEMENT FOR ALK DATA
This license applies to ALK Data included in your SDK, if any, as well as to ALK data you obtain separately that is formatted for use with your SDK.
The data (“Data”) is provided for your personal, internal use only and not for resale. It is protected by copyright © 2015 ALK. All rights reserved., and is subject to the following terms and conditions which are agreed to by you, on the one hand, and ALK) and its licensors (including their licensors and suppliers) on the other hand:
Personal Use Only. “You” means you as a Developer on behalf of a “Company” and subject to a License Agreement that contains the same restrictions as herein. As used in this EULA “personal use” can also be understood in more general terms as for a Company’s use. You agree to use this Data together with ALK Maps for the solely personal, non-commercial purposes for which you were licensed, and not to offer information services to third parties utilizing the Data or ALK Maps without ALK's prior written consent. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) interface it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Warning. The Data may contain inaccurate, untimely or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. The Data is based on official highway maps, the Code of Federal Regulations, and information provided by state governments and other licensors. It is provided without a warranty of any kind. You assume full responsibility for any delay, expense, loss or damage that may occur as a result of use of the Data.
No Warranty. This Data is provided to you “as is,” and you agree to use it at your own risk. ALK and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty: ALK AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability: ALK AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF ALK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Open Source Code Licenses
The ALK SDK uses some Open Source Code software for which the disclaimers appear below. You agree to the all the terms indicated hereafter.
Copyright 2005-2013 OpenLayers Contributors. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. THIS SOFTWARE IS PROVIDED BY OPENLAYERS CONTRIBUTORS ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of OpenLayers Contributors.