Northwind Enterprises, LLC & Scout-N-Hunt Mobile Hunting Maps Products Terms and Conditions
This Agreement applies to the purchase and use of the Scout-N-Hunt Mobile Hunting Maps
Downloading, installing, and otherwise using these maps indicates your acknowledgment that you have read this Agreement and agree to its terms.
The mobile maps are digital and as such are not subject to a refund. Dependent on the circumstances relative to the request for a refund, and at the sole discretion of Northwind Enterprises, a credit in the amount of the purchase price maybe issued, to be used towards the purchase of another Scout-N-Hunt product
Subject to the terms and conditions of this Agreement, Northwind Enterprises, LLC grants to you a personal, limited, non-exclusive, nontransferable license to use the mobile maps consisting of proprietary Data Files on up to three of your own mobile devices: cell phone, tablet, and laptop computer, concurrently. We track your downloads and will provide assistance if requested. If downloads are made to other than your own devices, your access to the downloaded data will be terminated.
The term of this Agreement will begin on the purchase date of the mobile map and continue for 12 months. Renewal must happen within 7-days of renewal date to receive the reduced renewal price. It is the subscribers responsibility to manually cancel the subscription to avoid the yearly renewal subscription fee.
Except as expressly permitted under this Agreement, you will not allow any third party to: (a) copy the Data Files (b) modify, translate, adapt, alter, or create derivative works from the Data Files; (c) merge the Data Files with any other software or documentation; (d) distribute, sub-license, rent, lease or loan the Data Files to a third party; or (e) use the Data Files for business needs of another person or entity, including without limitation, providing outsourcing, service bureau, application service provider or on-line services to third parties. You may not remove, alter or obscure any proprietary notice that appears within the Data Files (or on any copies made in accordance with this Agreement).
The Data Files are licensed, not sold, to you for use solely subject to the terms and conditions of this Agreement. The Data Files and all worldwide intellectual property and proprietary rights therein and relating thereto, are and will remain the exclusive property of Northwind Enterprises, LLC or its licensors, if any. You will have no right, title or interest in or to the Data Files or any Intellectual Property Rights (as defined below) therein or thereto. Northwind Enterprises, LLC retains all rights, titles, and interests in trademarks and logos of Northwind Enterprises, LLC displayed on or in the Data Files. You agree not to challenge or contest Northwind Enterprises, LLC’s rights to or ownership of, or otherwise attempt to assert any rights in, the Data Files. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights.
You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without prior written consent of Northwind Enterprises, LLC. Unless specifically authorized in writing by Northwind Enterprises, LLC, assignment of this Agreement will not release you from any prior outstanding obligation under this Agreement or allow you or your assignee to expand the number of installations of the Data Files authorized under this Agreement.
You acknowledge that the Data Files may contain known or unknown errors and inconsistencies. Any conclusions drawn from such data are your responsibility. The accuracy of the data used to create these maps varies greatly. These maps are to be used for reference, recreational, and entertainment purposes only. Northwind Enterprises, LLC is not responsible for any inaccuracies and no responsibility is assumed for damages or other liabilities due to the accuracy, availability, use or misuse of the data presented.
It is your responsibility to use the Data Files and data appropriately and within the limitations of geospatial data in general, and these data in particular. You are responsible for using this product prudently and must visually verify boundaries, roads, and streets. This product is for recreational and entertainment use only and may be used by private parties for general reference and planning.
The product should not be used for any purpose requiring precise measurement of direction, distance, or location. Northwind Enterprises, LLC provides the product, Data Files, on an “as is”, “as available” basis. Other than as explicitly stated in this agreement, Northwind Enterprises, LLC disclaims all warranties, express or implied, including any warranties of accuracy, completeness, correctness, merchantability or fitness for a particular purpose. Northwind Enterprises, LLC does not warrant that the Data Files will be updated or error free and disclaims any warranty or representation regarding availability of a GPS service, service levels or performance of any GPS enabled mobile device in association with the Data Files. Northwind Enterprises, LLC will not be liable for any loss or injury arising out of, in whole or in part, from the use of the Northwind Enterprises, LLC product, Data Files.
Limitation of Liability:
You acknowledge that any damages arising from the use of the product, Data Files (including but not limited to damages for loss of goodwill, trespass (civil or criminal), wrongful death, personal injury, property damage, computer failure or malfunction, or any and all other damages or losses, even if Northwind Enterprises, LLC has been advised of the possibility of such damages, or other foreseeable damages) are limited by this agreement. In no event will Northwind Enterprises, LLC or any agency providing data, be liable for any incidental, indirect, special, consequential or other damages (special or otherwise) suffered by you or any other person or entity whether from use or distribution of the Data Files, any failure thereof or otherwise. Northwind Enterprises, LLC ‘s maximum aggregate liability for any damages resulting from use, operation or reliance upon this product, whether arising from claims in tort, contract, strict liability, statutory, common law or otherwise, shall be limited to the amount paid by you for the mobile map.
Land ownership may change at any time. Public land may be bought or sold. You are advised to compare the latest paper maps to those depicted by the use of the Data Files on your mobile device and/or confirm current boundaries with local, state and federal authorities. Always obey property line postings and use common sense to visually verify boundaries.
This Agreement is the entire agreement between Northwind Enterprises, LLC and you regarding the Northwind Enterprises, LLC Scout-N-Hunt Mobile Maps. Any dispute arising from or related to this Agreement will be governed by the laws of the State of Wisconsin without regard to conflict of law principles. Exclusive venue of any such dispute will be the state or federal courts located in Madison WI and you agree to the personal jurisdiction of those courts for such purposes. The failure of Northwind Enterprises, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable.