
When you purchase the source code you are indicating that you have accepted this agreement.
CartoVCL™ Source Code Purchase
Agreement
1. Definitions:
1.1. "The source
code" - refers to the source code to CartoVCL™ Pro
1.2. “The
Purchaser” - refers to the individual or entity that purchases this source code.
1.3. “GSA” –
refers to Geographic Systems and Analysis, a South African close corporation, registration number
CK95/21153/23
2. The Purchaser agrees:
2.1. To treat
the source code as confidential information. All rights, title and interests in the source code remain vested in
GSA.
2.2. To protect
the source code, source copies and any documentation from unauthorized use, reproduction and / or
distribution.
2.3. That GSA
shall not be required to maintain or support the source code in any way.
2.4. Not to
distribute any of the source code, either in its original form or as part of any derived software that
constitutes a software library and / or software development toolkit, that could be used in lieu of
CartoVCL™.
2.5. Not to use
the source code in any way so as to develop a competitive product to CartoVCL™.
2.6. And
acknowledges that GSA has sole discretion whether to make available further updates and / or upgrades to the
source code. In the event that GSA does make further source code available, this may be subject to additional
fees.
2.7. That
terms and conditions as set out in the CartoVCL™ Software license agreement extend and apply to the use of the
source code as per this agreement. For reference purposes this License Agreement is annexed to the end of this
agreement.
3. GSA agrees upon receipt of payment of the agreed fee:
3.1. to provide
the applicable source code to The Purchaser to enable The Purchaser to use the
source in his or her own products without paying additional royalty fees to the GSA;
3.2. to permit
The Purchaser to make modifications to the source code for its own internal use. The
Purchaser agrees that GSA cannot maintain or guarantee these modifications.
3.3. to permit
The Purchaser to make copies of the source code for backup and / or archival
purposes.
4. Jurisdiction
4.1. This
Agreement shall be governed by and construed in accordance with the laws of South Africa. Each party hereby
yields to the jurisdiction of the courts of South Africa and agrees not to oppose any action brought in South
Africa on the basis that the courts of South Africa are not an appropriate or convenient forum for same. If
either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the
prevailing party shall be entitled to recover reasonable attorney's fees.
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