USE OF THIS SOFTWARE Your use of the GoldTrack software (the "Product") or this web site (the "Service") acknowledges YOUR AGREEMENT to the terms and conditions set out herein. Before you continue, you should read this agreement as it forms a binding agreement between you and Golder Associates Inc. ("Golder") regarding your use of the Product and Service.
1. Use Golder grants you a non-exclusive, non-transferable license to access the Service and to access the Content (as defined below) according to the Terms.
2. Restrictions on Use Unless you have received prior written authorization from Golder (or, as applicable, from the provider of particular Content), you must not:
(a) access or use the Product or any Content through any technology or means other than those provided in the Product, or through other explicitly authorized means Golder may designate;
(b) copy, translate, modify, or make derivative works of the Content or any part thereof;
(c) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties;
(d) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;
(e) use the Product in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content; or
(f) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Products or the Content.
3. Appropriate Conduct You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines Golder may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
(c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
(e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines;
(f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
(h) restrict or inhibit any other user from using and enjoying the Product or Service;
(i) interfere with or disrupt Golder services or servers or networks connected to Golder services, or disobey any requirements, procedures, policies or regulations of networks connected to Golder services;
(j) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Golder services or Content, or collect information about users for any unauthorized purpose;
(k) submit content that falsely expresses or implies that such content is sponsored or endorsed by Golder;L
(l) create user accounts by automated means or under false or fraudulent pretenses;
(m) promote or provide instructional information about illegal activities;
(n) promote physical harm or injury against any group or individual; or
(o) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
4. Content in the Product This Product allows you to access and view a variety of content, including but not limited to photographic imagery, documents, maps monitoring data, and other related information provided by Golder, its Clients, its licensors, and its users (the "Content"). Additionally, you may choose to access other third party content made available in the Product through Golder services. You understand and agree to the following:
(a) All data, documents, and related Content are provided for planning purposes only. You should exercise judgment in your use of this Content.
(b) By using the Product, you do not receive any, and Golder and/or its licensors and users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by Golder or by the owner of that Content, in a separate agreement.
(c) Certain Content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by such third parties. You may be held liable for any unauthorized copying or disclosure of this Content.
5. WARRANTIES AND LIABILITY DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
(a) Golder AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS.
(b) Golder AND ITS LICENSORS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE PRODUCTS.