SightMap Terms of Service 2020-07-28T17:11:14+00:00

SightMap® TERMS OF SERVICE

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS

1.1. Terms – means the terms of a legal agreement between you and Engrain Technology Inc.
1.2. Service – means the SightMap Application and related software required to enable the
SightMap
1.3. Content – means any content provided by the SightMap application to deliver the Service.
1.4. Engrain – means Engrain Technology Inc., a Delaware corporation with a current address of
5660 Greenwood Plaza Blvd., suite 350, Greenwood Village, Colorado 80111.

2. PROPRIETARY RIGHTS

2.1. You understand and agree that Engrain owns all legal right, title, and interest in the Service and
Content including intellectual property rights in the Service and Content.

3. PERMITTED USES

3.1. You will use the Service only for purposes that are permitted by the Terms and License Grants
in Section 4, and are permitted by applicable law in the relevant jurisdictions.

4. LICENSE GRANT

4.1. Subject to compliance with this agreement’s Terms, Engrain grants you a non-exclusive, non-
transferrable, non-assignable, non-sublicensable, royalty free license to use the SightMap,
including features that allow you to view maps and related Content for locations included in your
access to the Service.
4.2. Service License. Subject to all Terms, Engrain grants you a non-exclusive, non-transferrable,
non-assignable, non-sublicensable, royalty free license to use the SightMap Service as
provided by Engrain, in the manner permitted by the Terms.
4.3. Content License. Subject to all Terms, Engrain grants you a non-exclusive, non-transferrable,
non-assignable, non-sublicensable, royalty free license to use the Content in your SightMap
service as the content is provided by Engrain, in the manner permitted by the Terms.
4.4. Content displayed by the SightMap Service is provided for planning purposes only and you
should exercise judgment in your use of the Content.

5. ACCEPTING THE TERMS

5.1. In order to use the SightMap service, you must agree to the Terms by:

5.1.1. Clicking or digitally signing to accept the terms where this option is made available to you
5.1.2. Using the SightMap. Engrain will treat your use of SightMap services as acceptance of the
Terms from that point onwards.
5.2. Authority to Accept Terms. You represent that you have full power, capacity and authority to
accept these Terms. If you are accepting on behalf of another entity, you represent and
warrant that you have full legal authority to bind such entity to these Terms.

6. YOUR CONTENT/YOUR OBLIGATIONS REGARDING YOUR CONTENT

6.1. You shall retain ownership rights for all information, documents, data and materials that you
legally furnish in connection with your use of the Service.
6.2. You are solely responsible for the quality and accuracy of your content. You represent and
warrant that you have all rights necessary to use your content and to grant Engrain rights to
store, transmit and display your content in the delivery of the SightMap Service.

7. LICENSE RESTRICTIONS

7.1. Except as expressly permitted under the Terms, or unless you have received prior written
authorization from Engrain, your SightMap license is conditioned on your adherence to all of the
restrictions below. When using the Service, you will not, and will not permit a third party to:
7.1.1. Reverse engineer or attempt to extract the source code from any SightMap application or
Engrain API or related software.
7.1.2. Modify or create a derivative work based on the Service or any Content provided by the
Service.
7.1.3. Sublicense an Engrain API or SightMap Service for use by a third party without the
express approval by Engrain.
7.1.4. Perform an action with the intent of introducing viruses, worms, defects, malware, or any
items of a destructive nature.
7.1.5. Interfere with or attempt to disrupt the SightMap service and related software.
7.1.6. Use the service to abuse, stalk, harass or threaten others.
7.1.7. Use the SightMap service or related software where the use or failure of the service
could lead to death, injury, or property damage.
7.1.8. Use the Service or Content except as expressly permitted under these terms.
7.1.9. Use the Content outside the Service except as expressly permitted by Engrain, Inc to do
so.

8. LIABILITY FOR SERVICE

8.1. To the extent permitted by law, the total liability of Engrain for any claims under these terms,
including for any implied warranties, is limited to the amount you paid to use the Service. In all
cases, Engrain will not be liable for any loss or damage that is not reasonably foreseeable.
8.2. Service is provided using commercially reasonable care. Engrain provides Service “as is,” and
makes no specific promise to the accuracy of the content or the ability of specific functions to
meet your needs.
8.2.1. Engrain will make commercially reasonable efforts to correct any content identified as
inaccurate.

9. TERMINATING THIS AGREEMENT

9.1. The Terms will continue to apply until terminated by you or Engrain.
9.2. You may terminate the agreement by removing the SightMap application from your device and
or discontinuing use of the Service
9.3. Engrain reserves the right to terminate these Terms or to discontinue the Service at any time for
any reason without further obligation to you except as described in any separate agreements
you have with Engrain.

The Terms of this agreement will continue to apply until terminated by you or Engrain. You may
terminate the agreement by contacting Engrain Client Success at any time. Engrain reserves the right to
terminate these Terms or to discontinue the Service at any time for any reason without further obligation
to you except as described in any separate agreements you have with Engrain.