GeoDashboard Design Suite Trial

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Google Maps Premier

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GeoDashboard Design Suite is offered as a 30 day trail, enabling you to test the full range of functionality against the free Google Maps API.

Before using your free trial, you will need to agree to the Google Maps terms of use, and then obtain a free Google Maps API key which is integrated into the component property sheet.

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# Xcelsius Licenses within your organization
Do you currently own Google Maps Premier	Yes No
Business Objects Enterprise Customer?	Yes No
Terms of Use	This SOFTWARE LICENSE AGREEMENT (Agreement) is entered into Centigon Solutions, Inc., whose business address is P.O. Box 927698, San Diego, CA 92198, (Licensor), and (Licensee), as of this date. WHEREAS Licensor is the sole owner of all rights, title, and interest in and to the trial version of proprietary software product known as GMaps Plugin Enterprise, an Xcelsius® add-on application that loads geographic data points and images from Google® Map Flash API inside of an interactive data visualization framework (the Licensed Software), as well as any and all related documentation, user manuals, and related material (collectively, Licensed Documentation). WHEREAS Licensee desires to obtain a nonexclusive license to the Licensed Software and the Licensed Documentation so that Licensee can perform beta testing. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. TRIAL VERSION. Licensee understands and accepts that the Licensed Software is a trial test version. As such Licensee accepts all of the following: a. Licensee is not obligated to pay fees. b. Licensor provides no guarantees or warrantees as to the quality of the Licensed Software or the Licensed Documentation. Licensee accepts these “as is.” c. Licensor provides no support for the Licensed Software or the Licensed Documentation. d. The Licensed Software is configured to expire at the time that Licensor completes the final version of the Licensed Software and will become inoperable at that time. e. The Licensed Software uses third party software (Google Maps) and requires a Google Map API key. The Licensee is responsible for following the Google Map API terms. 2. GRANT OF LICENSE. Licensor hereby grants to Licensee a worldwide, nonexclusive, nontransferable license to use the object code version of the Licensed Software as a single, undivided unit and the Licensed Documentation. Each single license may be loaded on one and only one Licensee PC or server for use by all of Licensee’s users on that server. The single server license pertains to a physical server and not a virtual server. Licensee does not have the right to make copies, create derivatives, or distribute the Licensed Software or the Licensed Documentation or any other rights not explicitly granted by this Agreement, except as provided by law. If Licensee creates a runtime SWF file containing the Licensed Software, Licensee is granted unlimited use of the Licensed Software as part of that runtime SWF, except that licensee is not licensed to offer that runtime SWF for sale whether part of another product or service without prior written permission of Licensor. 3. OWNERSHIP; RESTRICTIONS. Subject to the rights granted to Licensee under this Agreement, all right, title, and interest in and to the Licensed Software and Licensed Documentation are and shall remain at all times the sole and exclusive property of Licensor. Licensor may use, sell, assign, transfer, and license copies of and rights in the Licensed Software and Licensed Documentation to third parties in Licensor’s sole discretion free from any claim of Licensee. In addition, Licensee agrees that it shall not, without the express written consent of Licensor, decompile, disassemble, or reverse engineer the Licensed Software, or modify, enhance, or otherwise change or supplement the Licensed Documentation, in whole or in part, without the prior written permission of Licensor. 4. PAYMENTS. No payments are required. 5. TRAINING. Licensor shall provide no training as part of this Agreement. 6. TRADEMARK. GMaps Plugin™ is a trademark of Licensor. Any use of or goodwill received from this trademark shall accrue solely to Licensor, who shall remain the sole owner of this trademark. 7. TITLE. Licensor represents and warrants that it owns all right, title, and interest in and to the Licensed Software and Licensed Documentation. 8. USE WITH GOOGLE MAPS. The beta version of Licensed Software is intended for use with a free Google Maps API Key. However, if Licensee generates a runtime presentation in a SWF file from Xcelsius containing the Licensed Software, the Google Map will expire seven days after the creation date. Thus the beta version is for testing purposes only. 9. WARRANTY. LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET THE REQUIREMENTS OF LICENSEE OR THAT THE LICENSED SOFTWARE WILL BE UNIBTERRUPTD OR ERROR FREE. LICENSEE TAKES THIS SOFTWARE “AS IS.” 10. LIMITATION OF LIABILITY. In no event shall Licensor be liable to Licensee or any third party, under this Agreement or through the use of the Licensed Software or Documentation, for any amounts representing loss of profits, loss of data, loss of business, or indirect, consequential, or punitive damages of Licensee or such third party. Licensor’s liability in contract, tort, or otherwise for direct damages to Licensee or any third party arising from this Agreement or the use of the Licensed Software shall be limited to one dollar. 11. GENERAL PROVISIONS. a. Complete Agreement; Amendment. Licensee acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms, and further agrees that they are the complete and exclusive statement of the agreement between the parties which supersedes and merges all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to this Agreement. This Agreement may not be modified or altered except by written instrument duly executed by both parties. b. Notice. Any notice or communication required or permitted in this Agreement shall be in writing and shall be delivered by email. Any email directed to Licensor shall be addressed to support@centigonsolutions.com. c. Governing Laws. This Agreement and performance under this Agreement shall be governed exclusively by the laws of the State of California without regard to any considerations of conflicts of law. d. Venue/Jurisdiction. Any action brought under this Agreement must take place in a court of competent jurisdiction, only in the County of San Diego, State of California. Any arbitration initiated by either party must occur only in the County of San Diego, State of California. e. Severability. If any provision of this Agreement is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. f. Assignment. Licensee may not assign, without the prior written consent of Licensor, its rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, except Licensee may assign this Agreement as part of the sale of its business or substantially all of its assets. Any purported attempts by the District to assign or sublicense this Agreement contrary to the provisions of this Subsection are void. g. Waiver. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. h. Headings. The headings appearing at the beginning of the several sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement. i. No Construction Against Drafter. If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement. j. Force Majeure. Either party shall be excused from performance and shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God, or shortage of labor or fuel or raw materials. k. Mandatory, Binding Arbitration. Both parties agree that any controversy or dispute stemming from or arising out of this Agreement will be submitted to binding arbitration under the then current rules of the American Arbitration Association. The Arbitrator(s) is/are required to apply the applicable rules of law and equity. The decision of the arbitrator(s) will be final and binding on the parties and may be entered as the final decision in any court of competent jurisdiction. Arbitration will take place only in the County of San Diego.
	I agree to the terms of use stated above.

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