Just Map It! Plugins Terms of Use

Just Map It! Plugin License Agreement
Note: By using a Just Map It! Plugin, you are entering into a legally binding agreement with Social Computing Corporation that includes provisions that (1) allow your use of a Just Map It! Plugin under certain terms and conditions, (2) make it clear that your use of the Plugin does not create a partnership relationship with Social Computing, (3) make it clear that you can not directly monetize your use of the Just Map It! Plugin, and (4) allow Social Computing to terminate this Agreement and your use of the Plugin at any time.
By downloading or using a Just Map It! Plugin, you acknowledge that you have read and understood this document and that you agree to be bound by the terms of this Agreement (“Agreement”). Accordingly, please read this Agreement with great care, since it governs your use of the Just Map It! Plugin. If you enter into this Agreement on behalf of a company or other entity, you represent that you have authority to bind the entity and its affiliates to this Agreement, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have authority, or if you do not agree with the terms of this Agreement, you may not download or use any Just Map It! Plugin.

1. Just Map It! Plugins and Plugin Content. Just Map It! Plugins & Scripts are tools that you may place on your website which allow visitors to your website to view a map of your content. You agree that these Plugins may display Just Map It! logos, search boxes that link to information located at Just Map It!, advertising for Just Map It! or advertising for third party products (“Plugin Content”). Plugins include Plugin Content, as well as all software files or images incorporated in, or generated by, the Plugins, and any and all data and html embedded code that accompanies the Plugins, and any upgrades, enhancements or modifications to such software and code. Just Map It! retains all ownership and other rights in the Plugins and the Plugin Content, and in the Just Map It! logos and trademarks. You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a Plugin. If you object to any of these changes, your sole recourse is to stop using the Plugins and remove the Plugins from your website.
2. License. Subject to your compliance with this Agreement, Just Map It! hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Plugins on a website for which you have proper authorization (“your website”) solely for your own use as permitted by this Agreement. You are not licensed to use the Plugins for any other purpose, and nothing in this Agreement shall be deemed to grant you any right, title or interest in the Plugins.
3. Restrictions on Use. Your license is subject to the following restrictions on use: (a) you may not use the Plugin to facilitate your sale of access to Just Map It! or any information therein without Just Map It!’s prior written approval; (b) you may not obscure or disable any element of the Plugin; (c) your web page title and other trademarks and logos must appear at least as prominent as Just Map It!'s trademarks and logos in the Plugin; (d) you may not display the Plugin in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by Just Map It!; (e) you may not display the Plugin on any site that disparages Just Map It! or its products or services, infringes any Just Map It! intellectual property or other rights, or violates any applicable law; and (f) you may not place the Plugins on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by Just Map It! in its sole discretion. Subject to the express parameters of the limited license granted to you above, the Plugins and the Plugin Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without obtaining the express prior written permission of Social Computing in each instance. You acknowledge and agree that Social Computing may crawl or otherwise monitor your site for the purpose of confirming compliance with this Agreement.
4. Link to Content Pages. You may not display the Plugin in a manner that does not permit successful linking to, redirection to or delivery of the applicable Plugin Content. You may not insert any intermediate page, splash page or other content between the Plugin and the applicable Plugin Content.
5. No Warranty. THE PLUGINS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOCIAL COMPUTING DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING ANY PLUGIN, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOCIAL COMPUTING FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND PERFORMANCE OF THE PLUGINS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLUGINS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE USE OF THE PLUGINS.
6. Limitation of Liability. THE PLUGINS ARE BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT SOCIAL COMPUTING SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE PLUGINS. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SOCIAL COMPUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, Just Map It!’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED $10.
7. Right to Terminate. At any time and for any reason or no reason, Social Computing, in its sole discretion, may (a) terminate your use of the Plugins, and (b) terminate this Agreement by giving notice to you. In either case, you agree to promptly remove the Plugins from your website and cease all further use, copying and distribution of the Plugins.
8. No publicity. You may publicize your use of the Plugins in accordance with the terms of this Agreement, but you may not state or imply that you have a partnership, or any other type of relationship, with Social Computing, or make any other statements that suggest that your use of the Plugins exceeds the scope of the terms of use that Social Computing makes generally available to the public pursuant to this Agreement. Further, you may not claim statements that clearly go beyond the level of integration the Plugin represents. Use of the Plugin does not constitute generalized integration with Just Map It!.
9. General Provisions. This Agreement will be governed by and construed in accordance with the laws of the State of France as such laws apply to contracts between French residents performed entirely within France. The Parties hereby irrevocably consent to the jurisdiction of either the state courts located in Paris, France, in any action arising out of or relating to this Agreement, and waive any other venue to which either Party might be entitled by domicile or otherwise. Nothing in this Agreement will be construed as creating a partnership or joint venture of any kind between the parties, and neither of us will have the authority to bind the other party or to contract in the name of or create a liability against the other party in performing its obligations or exercising its rights under this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement cancels and supersedes any and all prior proposals and agreements (oral or written) between the parties, related to your use of the Plugins and can only be modified by a writing signed by you and a duly authorized officer of Social Computing.