Neer Cartography is willing to license the requested Data to you only upon the condition that you accept all of the terms and conditions contained in this license agreement. Please read the terms and conditions carefully before downloading the Data. By downloading the Data, you are consenting to the terms of this Neer Cartography Data License Agreement. If you do not agree to the terms and conditions of this Agreement, then Neer Cartography is unwilling to license the Data to you. Do not proceed with downloading Data.

This is a license agreement, and not an agreement for sale, between you, the end user requesting download of data and Neer Cartography. This Neer Cartography Data License Agreement ("Agreement") gives the End User certain limited rights to use the Data and Related Materials. All rights not specifically granted in this Agreement are reserved to Neer Cartography.

DEFINITIONS: As used in this Agreement, "Data" means the data files you download from this web site. "Data Copies" means copies of all or any portion of the Data, including backups, updates, and merged or partial copies. "Related Materials" means any supporting material or documentation, either printed or downloaded, any user-interface HTML and any non-data files downloaded or otherwise supplied by or from Neer Cartography for use with the Data. "License" means the grant of certain limited rights to use the Data, Data Copies, and Related Materials. Neer Cartography specifically retains title to all Neer Cartography Data and Related Materials, and Neer Cartography licensors retain title to items owned by them.

RESERVATION OF OWNERSHIP AND GRANT OF LICENSE: Neer Cartography and its Licensor(s) retain exclusive ownership of the copy of the Data and Related Materials licensed under this Agreement and, hereby, grant to you a personal nonexclusive, nontransferable license to use the Data and Related Materials based on the terms and conditions of this Agreement. You agree to use reasonable effort to protect the Data and Related Materials from unauthorized use, reproduction, distribution, or publication.

PROPRIETARY RIGHTS AND COPYRIGHT: You acknowledge that the Data and Related Materials contain proprietary and confidential property of Neer Cartography and its Licensor(s). The Data and Related Materials are owned by Neer Cartography and its Licensor(s) and are protected by United States copyright laws and applicable international copyright treaties and/or conventions.

USES PERMITTED: You may install the Data or portions of the Data onto permanent storage device(s) and reproduce a corresponding number of copies of the Related Materials for your own internal use. You may make one (1) copy of the original Data for archival purposes unless the right to make additional copies is granted to you in writing by Neer Cartography.

USES PROHIBITED: You may not copy, alter, modify, merge, reproduce, and/or create derivative works of the Data without express written permission by Neer Cartography. You may not sell, rent, lease, sublicense, lend, assign, time-share, or transfer, in whole or in part, or provide unlicensed third parties access to the Data, Related Materials, any updates, or your rights under this Agreement. You may not remarket, resell, and/or redistribute the Data or any derived portion(s) of the Data to unlicensed third parties. You may not remove or obscure any Neer Cartography and/or Licensor(s) copyright, proprietary, or trademark notices.

DURATION: This Agreement is effective from the day you download the Data and continues indefinitely. If you fail to comply with any provision of this Agreement, termination is automatic, without notice from Neer Cartography and without the necessity for recourse to any judicial authority. UPON TERMINATION, YOU MUST DESTROY ALL DATA AND RELATED MATERIALS DOWNLOADED.

WARRANTY: The Data and Related Materials are not warranted and you acknowledge that the Data and Related Materials contain some nonconformities, defects, or errors. Neer Cartography does not warrant that the Data and Related Materials will meet your needs or expectations, that the use of the Data and Related Materials will be uninterrupted, or that all nonconformities, defects, or errors can or will be corrected. Neer Cartography is not inviting reliance on these Data and Related Materials, and you should always verify actual Data.

LIMITATION OF LIABILITY: In no event shall Neer Cartography and/or is Licensor(s) be liable for costs of procurement of substitute goods or services, lost profits, lost sales or business expenditures, investments, or commitments in connection with any business, loss of any goodwill, or for any indirect, special, incidental, exemplary, or consequential damages arising out of this Agreement or use of the Data and Related Materials, however caused, on any theory of liability, and whether or not Neer Cartography and/or it Licensor(s) have been advised of the possibility of such damage. These limitations shall apply notwithstanding any failure of essential purpose of any exclusive remedy.

IMPLIED WAIVERS: No failure or delay by Neer Cartography and/or its Licensor(s) in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy.

PRECEDENCE: Any conflict between the terms of this Agreement and any other terms shall be resolved in favor of the terms expressed in this Agreement.

SEVERABILITY: If any provision(s) of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from, and shall in no way affect the validity or enforceability or, the remaining provisions.

GOVERNING LAW: This Agreement, entered into in the County of Humboldt, shall be construed and enforced in accordance with and be governed by the laws of the United States of America and the State of California without reference to conflict of laws principles. The parties hereby consent to the personal jurisdiction of the courts of this County and waive their rights to change venue.

GENERAL: This Agreement represents the entire understanding and agreement regarding the Data, Data Copies, and Related Materials, and supersedes any prior communication, advertisement, or representation, and may only be modified in a written amendment signed by an authorized Neer Cartography representative or by a specific prior or subsequent written agreement between the parties.