World Time Engine Timezone Map Services™
License Agreement
The World Time Engine Timezone Map Services are available under the terms of this License. Please review the agreement below. Ordering the service means that you have read and accept the terms of this agreement and agree to comply by the guidelines set below.
World Time Engine Timezone Map Services License version 1.0, February 26th, 2008
WORLD TIME ENGINE TIMEZONE MAP SERVICES END-USER LICENSE AGREEMENT
When ordering service from us you agree that your use of the World Time
Engine Timezone Maps delivered as part of this service is subject to the terms
and conditions set forth in this World Time Engine Timezone Map Services End
User License Agreement (this "Agreement").
WorldTimeEngine.com ("World Time Engine") provides a line of timezone maps that
provide the local time information and other data associated with local time.
These timezone map services are referred to in this Agreement individually as the
"Timezone Map Service". The data available through the Timezone Map Service is
referred to in this Agreement as the "Timezone Map Data". Some products in the
World Time Engine Data Line may include World Time Engine's proprietary computer
programs used to query the Local Time Databases (the "Local Time Programs").
AGREEMENT TERMINATION.
World Time Engine offers a full 30 day warranty on all Local Time programs
purchases.
Should you be unsatisfied with the World Time Engine service you are entitled
to a full refund within a 30 day period from your purchase date. The guarantee
commences from the date of purchase.
No refunds are available after 30 days. Any request for cancellation must be
received via electronic mail (e-mail), and you will receive a confirmation
upon the cancellation of your purchase.
Upon the expiration or termination of this Agreement for any reason whatsoever,
the license granted to you herein shall immediately terminate in its entirety
and you shall promptly: (i) cease accessing the Local Time Data; (ii) destroy
any and all archived Local Time Data in your possession; (iii) cease linking
and directing End-Users to World Time Engine in connection with this Agreement.
ADDITIONAL POLICIES.
Each of these policies may be amended at any time and such amendments shall be
binding and effective as indicated below in the section on Changes To The
Agreement.
LIMITED GRANT OF RIGHTS.
In accordance with the terms of this Agreement, World Time Engine hereby
grants you a non-exclusive, non-transferable limited license to access and use
the Local Time Databases and Local Time Data for your own internal Restricted
Business purposes. Restricted Business purposes are limited to customizing
website content, supplementation of time info to applications and services and
similar business purposes. You agree to use the Local Time Data and Local Time
Databases only in a manner that is consistent with applicable laws.
RESTRICTIONS ON USE.
Except as expressly permitted in this Agreement, you may not, nor may you
permit others to:
(a) copy any portion of the Local Time Databases except as reasonably required
for using the Local Time Database as permitted hereunder,
(b) allow anyone other than yourself or your employees to access the Local Time
Databases, or any portion thereof, without World Time Engine's express written
permission,
(c) use the Local Time Databases to develop a database, infobase, online or
similar database service, or other information resource in any media (print,
electronic or otherwise, now existing or developed in the future) for sale
to, distribution to, display to or use by others,
(d) create compilations or derivative works of the Local Time Databases,
(e) use the Local Time Databases in any fashion that may infringe any copyright,
intellectual property right, contractual right, or proprietary or property
right or interest held by World Time Engine,
(f) store in a retrieval system accessible to the public, transfer, publish,
distribute, display to others, broadcast, sell, or sublicense the Local Time
Databases, or any portion thereof,
(g) remove or obscure any copyright notice or other notice or terms of use
contained in the Local Time Databases,
(h) use the Local Time Data to create or otherwise support the transmission of
unsolicited, commercial email,
(i) remove, disable, avoid, circumvent, or defeat any functionality in the
Local Time Databases or Local Time Programs designed to limit or control access
to or use of the Local Time Databases or Local Time Data,
(j) use, copy or otherwise access any portion of the Local Time Data for which
you have not made payment to World Time Engine. If for any reason, you access
such Local Time Data, these terms and conditions apply to your use of such data
and you agree to pay all applicable charges, or
(k) copy, reverse engineer, decompile, disassemble, derive source code,
modify or prepare derivative works of the Local Time Programs.
ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Where the intellectual property of World Time Engine or its third party
suppliers are incorporated in your service(s), you shall clearly and
conspicuously identify and credit World Time Engine's status as developer,
owner and/or the licensor, as the case may be, of such intellectual property
in language acceptable to World Time Engine, acting reasonably, and pursuant to
any agreements World Time Engine may have in place with such suppliers. In the
provision of services hereunder World Time Engine may incorporate, under
license, data or intellectual property of third party suppliers. In such event,
you shall identify such third party supplier's ownership in such manner as may
be directed by World Time Engine from time to time.
You agree to adhere to the following provisions as laid out by World Time Engine:
(1) All of your page(s) containing Local Time Data shall conspicuously display
the required notice "Local Times under license from WorldTimeEngine.com", the
entire notice being a hyperlink to "http://worldtimeengine.com/" whenever
technically possible. Alternate wording(s) for this hyperlink may be used only
with explicit and prior written permission from World Time Engine.
(2) You shall ensure that all use of the your page(s) employing the Local Time
Data are governed by the End-User Terms of Use.
If you maintains a "legal" page, "terms of use" page, or similar page, screen,
or document that outlines the terms of End-User access to your page(s), you shall
include the following notices:
(a) a notice (hyperlink not required) that the service is under license from
WorldTimeEngine.com; and
(b) either (i) a hyperlink to the End-User Terms of Use at the URL specified
by World Time Engine, or (ii) the full text of the End-User Terms of Use
themselves, as provided in this document; and
(c) legal agreements, intellectual property identifications, and other such
notices as required by this Agreement; and
(d) such other links and/or language (if any) as may be mutually agreed by
the parties, with all wording subject to the joint approval of World Time
Engine and you.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
(a) Trade Secrets and Confidential Information.
You acknowledge and agree that any and all confidential information and materials
from which World Time Engine derives actual or potential economic value
constitutes World Time Engine's confidential and proprietary trade secrets
(collectively, "Trade Secrets"). You further acknowledge and agree that World
Time Engine's Trade Secrets include, but are not limited to, the Local Time Data
contained in the Local Time Databases and the technology used in the Local Time
Programs. You shall maintain any information learned about World Time Engine's
Trade Secrets as confidential and shall not disclose such information or permit
such information to be disclosed to any person or entity. With respect to all
such information, you shall exercise the same degree of care to protect World
Time Engine's Trade Secrets that you exercise with respect to protecting your own
confidential information, and in no event less than reasonable care.
(b) Ownership.
All intellectual property rights including copyrights, moral rights, trademarks,
trade secrets, proprietary rights to the Local Time Databases, Local Time Data
and Local Time Programs are exclusively owned by World Time Engine. You
acknowledge and agree that you obtain no right, title or interest therein. You
hereby assign to World Time Engine all copyrights, intellectual propert rights,
and any other proprietary or property rights or interests in and to any work
created in violation of this Agreement.
FEES.
World Time Engine's current fee schedule for using the Local Time Databases
and related services is posted on the World Time Engine website (url:
http://worldtimeengine.com/maps). You are responsible for paying all fees
associated with the use of the Local Time Databases.
CHANGES TO THE AGREEMENT.
World Time Engine may amend this Agreement at any time. Any such amendment(s)
shall be binding and effective upon the earlier of (i) the date that is thirty
(30) days after posting of the amended Agreement on World Time Engine's web
site, or (ii) the date that World Time Engine provides notice to you of the
amended Agreement pursuant to the notice provisions in this Agreement; except
that changes to charges and payment terms may be made only upon 30 days' prior
written notice to you. You may immediately terminate this Agreement upon notice
to World Time Engine if a change is unacceptable to you. Your continued use of
the Local Time Data, Local Time Databases or Local Time Programs following
notice to you of a change shall constitute your acceptance of the change.
LIMITATION ON LIABILITY.
WORLD TIME ENGINE'S MAXIMUM TOTAL LIABILITY FOR ALL OCCURRENCES (IF ANY), TAKING
PLACE DURING ANY TWELVE-MONTH PERIOD (OR A PORTION THEREOF, IF THIS AGREEMENT IS
NOT IN EFFECT FOR TWELVE MONTHS), ARISING OUT OF OR IN ANY WAY RELATED TO THE
AUTHORIZED OR UNAUTHORIZED ACTS OF WORLD TIME ENGINE'S EMPLOYEES OR WORLD TIME
ENGINE'S PERFORMANCE OR NONPERFORMANCE OF THE SERVICES PROVIDED HEREIN, INCLUDING
(BUT NOT LIMITED TO) ERRORS OF DESIGN OR ERRORS WHICH ARE DUE SOLELY TO
MALFUNCTION OF WORLD TIME ENGINE-CONTROLLED MACHINES OR FAILURES OF WORLD TIME
ENGINE OPERATORS, WORLD TIME ENGINE PROGRAMMERS OR WORLD TIME ENGINE-DEVELOPED
PROGRAMS, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED
THE TOTAL AMOUNT PAID BY YOU FOR SERVICES PROVIDED BY WORLD TIME ENGINE UNDER
THIS AGREEMENT DURING SAID TWELVE-MONTH PERIOD (OR DURING SUCH SHORTER PERIOD THAT
THIS AGREEMENT IS IN EFFECT). YOU AGREE THAT THE FOREGOING SHALL CONSTITUTE YOUR
EXCLUSIVE REMEDY. YOU HEREBY RELEASE WORLD TIME ENGINE, ITS OFFICERS, EMPLOYEES
AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF
THIS LIMITATION.
NO CONSEQUENTIAL DAMAGES.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE SHALL WORLD TIME ENGINE OR ANY RELATED
PARTY OR SUPPLIER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES; OR FOR LOSS OF PROFITS, REVENUE, OR DATA; THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES,
WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY,
STATUTE OR OTHERWISE EVEN IF WORLD TIME ENGINE HAS BEEN ADVISED OF THE POSSIBILITY
OF THOSE DAMAGES.
NO WARRANTIES.
THE LOCAL TIME DATABASES, LOCAL TIME DATA AND LOCAL TIME PROGRAMS ARE FURNISHED ON
AN "AS IS", AS-AVAILABLE BASIS. WORLD TIME ENGINE MAKES NO WARRANTY, EXPRESS OR
IMPLIED, WITH RESPECT TO THE CAPABILITY OF THE LOCAL TIME DATABASES, LOCAL TIME
DATA AND LOCAL TIME PROGRAMS OR THE ACCURACY OR THE COMPLETENESS OF THE LOCAL TIME
DATA. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS ARE EXPRESSLY DISCLAIMED. WORLD TIME ENGINE DOES NOT WARRANT
THAT THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR
THAT THE SITE IS FREE OF OTHER HARMFUL COMPONENTS. NEVERTHELESS, WORLD TIME
ENGINE SHALL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SITE FREE OF
VIRUSES AND MALICIOUS CODE.
GOVERNING LAW.
This Agreement shall be governed and interpreted pursuant to the laws of the
county of Lincolnshire, United Kingdom, applicable to contracts made and to be
performed wholly in Lincolnshire, without regard to principles of conflicts
of laws.
You specifically consent to personal jurisdiction in Lincolnshire in connection
with any dispute between you and World Time Engine arising out of this Agreement
or pertaining to the subject matter hereof.
NOTICES.
Notices given under this Agreement shall be in writing and sent by
facsimile, e-mail, or by first class mail or equivalent. World Time Engine shall
direct notice to you at the facsimile number, e-mail address, or physical
mailing address (collectively, "Address") you provided in the order process. You
shall direct notice to World Time Engine at the following address:
World Time Engine
35 Bridge End Road
Grantham
Lincolnshire
NG31 6JN
UNITED KINGDOM
Email: legal@worldtimeengine.com
Either party may change its Address for notice at anytime by giving notice
of the new Address as provided in this section.
COMPLETE AGREEMENT.
This Agreement represents the entire agreement between you and World Time Engine
with respect to the subject matter hereof and supersedes all previous
representations, understandings or agreements, oral or written, between the
parties regarding the subject matter hereof.
APPLICABLE LAWS.
You agree to use the Local Time Data and Local Time Databases only in a
manner that is consistent with applicable laws.
ASSIGNMENT.
You may not assign your rights in this Agreement without World Time Engine's
prior written consent.
SEVERABILITY.
Should any provision of this Agreement be held void, invalid or inoperative,
such decision shall not affect any other provision hereof, and the remainder
of this Agreement shall be effective as though such void, invalid or
inoperative provision had not been contained herein.
FAILURE TO ENFORCE.
The failure of World Time Engine to enforce any provision of these terms and
conditions shall not constitute or be construed as a waiver of such provision or
of the right to enforce it at a later time.
CAPTIONS.
The section headings used herein, are for convenience only and shall have no
force or effect upon the construction or interpretation of any provision
hereof.
Copyright © 2008 World Time Engine. All Rights Reserved.