Global Mapper v25.0

Licensing Questions

kbellis
kbellis Global Mapper UserTrusted User
edited September 2013 in Announcement and News
1) What is the URL for the current Global Mapper End User License Agreement? I can't find it anywhere locally or online. Doing a site-wide search produced nothing. Doing a full search only produced this dated version.

2) Does the licensing agreement that I originally entered into with Global Mapper LLC and its v11 (late 2009 or early 2010) remain in force today?

3) And on an odd related tangent, within that time zone while still very much linked with Global Mapper and on my hard drive, is an other EULA, but with Global Explorer - is that some how or another still in play, integrally linked with Global Mapper?

Most of these annoying questions only surfaced recently when a couple of friends had questions or complaints and I had attempted /failed to find the unequivocal.

4) A surveyor friend is considering upgrading from her present version of Global Mapper (v13) and wants to know if she has just upgraded to v14, if she'll be forced to upgrade again in a couple of weeks (or whenever) v15 is released. Is there any incentive for her to upgrade now before v15 is released? She already knows there is a no-refund policy.

5) Another surveyor friend has described licensing problems with Blue Marble that he has had to deal with after his computer failed and in trying to get his license recognized on his replacement system. It's possible the hassle that he described has lead to what he just reported yesterday; that for an extra fee he would be assured that he could reinstall his license on his computer should it fail again.
5a) What exactly are the terms of the license for situations like when the hard drive needs to be reformatted, or it fails utterly, etc.?
5b) And whatever in the world was he referring to as some sort of installation insurance???

6) What steps, if any, must be taken to install my single license on my laptop after I've installed it on my PC?

Comments

  • kbellis
    kbellis Global Mapper User Trusted User
    edited September 2013
    Sorry - In question 3) above I didn't mean Global Explore, but rather GlobeXplorer. - see this related / dated thread here on the forum.
  • kbellis
    kbellis Global Mapper User Trusted User
    edited September 2013
    I found the license! But I had to install the program to see it:
    Blue Marble Geographics
    Application Software License Agreement

    READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

    Acceptance

    You acknowledge that this agreement is the complete and exclusive agreement between Blue Marble Geographics and you relating to the licensed product and that the agreement supersedes any other agreements, proposals, discussions, and other communications, oral or written, relating to the licensed product.

    License

    Blue Marble Geographics grants to you a non-transferable, non-exclusive license to use this Software and documentation in accordance with the terms and conditions of this Agreement. "Software" means the actual copy of all or any portion of Blue Marble Geographics proprietary software technology, demonstration code, source or object code, components or dynamic link libraries, including maintenance updates and published upgrades. All rights in and to the Software, including, but not limited to, copyrights and trade secrets, belong to Blue Marble Geographics, and Blue Marble Geographics holds title to each copy of the software. You must not copy, modify, or transfer the Software, except as expressly provided in this Agreement. You may copy this Software solely for backup and archival purposes, provided that all copyright and other notices are reproduced and included on the backup/archival copy. A license for the Software may not be shared by alternating use of the Software between different computers and users. The primary user of a computer for which a machine license has been purchased may make and use one copy of the Software on his or her portable computer. You agree not to disclose to anyone any confidential or proprietary information contained in this software. The software is delivered in object code only. You shall not reverse compile or otherwise reverse engineer the Software.


    "Machine License" also known as Single User License, allows you to use the Software, restricted to a single computer. A Machine License requires the Software to be installed on the workstation in which it is used.

    "Dongle License" is a portable license that may be transferred to any one workstation that is running the Software in "Evaluation Mode". It may not be used concurrently or simultaneously between two workstations, and is provided via USB key.

    "Network License" is a license that allows for concurrent use of the Software by multiple users over computer Network. License to use Software over a Wide Area Network, or via Microsoft Terminal Services may be acquired separately, and may require additional fees. Contact Blue Marble Geographics directly for more information.

    “Term License” is a license provided for use over a limited time period on a subscription basis.

    "Site License" or "Enterprise License" is a license that allows a user organization to access large numbers of licenses in a variety of manners based on the needs of their organization. This license comes with special pricing and conditions based on this enhanced licensing access. It may include Network, Machine Locked, Dongle or Term licenses and the agreement to sell your organization a site license may require special pricing and a multi-year contract. At times Blue Marble may provide part of the organization licensing with the understanding that the rest of the organization will enroll in a site license within an agreed to time-frame. Blue Marble may issue temporary licenses to enable this process at Blue Marble's discretion. Contact Blue Marble Geographics directly for more information.

    The license is effective until terminated in accordance with this agreement. The license will terminate if you fail to comply with any of the terms and conditions of this Agreement, or if you allow your maintenance to lapse. You agree to return to Blue Marble Geographics or destroy the Licensed Product upon any termination of the license. All other terms and conditions of this Agreement, including, without limitation, provisions relating to disclaimers of warranties, limitations of liability, remedies or damages, and Blue Marble Geographics' proprietary rights, shall survive any termination of the license. Blue Marble Geographics reserves the right to update these terms without notice.

    Limited Warranty

    Blue Marble Geographics does not warrant that the information in this software will be accurate, or that your system will operate without interruption. Blue Marble Geographics does warrant that this software will be free from defects in material and workmanship for thirty (30) days after the date of purchase. Your exclusive remedy and Blue Marble Geographics' sole responsibility is replacement of the defective software, provided you return it with dated proof of payment within (30) days of your purchase.

    EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU.

    IN NO EVENT WILL BLUE MARBLE GEOGRAPHICS, ITS DISTRIBUTORS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT DAMAGES IN EXCESS OF AMOUNTS PAID FOR THIS SOFTWARE, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS, OR LOST SAVINGS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED PRODUCT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BLUE MARBLE GEOGRAPHICS HAS BEEN ADVISED OF THE POSSIBILITIES OR LIKELIHOOD OF SAME.

    Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific rights, and you may also have other rights which vary from state to state.

    General

    In the case of United States Government or an agency thereof as Licensee, the following additional terms apply. Restricted Computer software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and as applicable.
    Restricted Rights Legend

    Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.

    This Agreement shall be governed by the laws of the State of Maine. You may not assign, transfer, or otherwise convey your rights or duties under this Agreement, and any such assignment, transfer, or conveyance is void and of no force or effect.

    Export

    Licensee shall not export or re-export Licensed Software, or other information or materials provided by Blue Marble Geographics herein, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. It shall be Licensee's responsibility to comply with the latest United States export regulations, and Licensee shall defend, indemnify and hold Blue Marble Geographics harmless from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of any claim that Licensed Software or other information or materials provided by Blue Marble Geographics herein were exported or otherwise shipped or transported in violation of applicable laws and regulations.
  • global_mapper
    global_mapper Administrator
    edited September 2013
    The license is also installed into the Global Mapper install folder under C:\ProgramFiles as license.rtf, so you can pull it up later.

    The GlobeXplorer document will be displayed if you try to export from a premium DigitalGlobe source to explain the license terms from DigitalGlobe (they bought GlobeXplorer many years ago). This won't show for most people ever.

    You can ask gmorders@bluemarblegeo.com about licensing questions. The only thing on the insurance I can think of would be that someone could claim hardware failures multiple times to freely install their license on multiple computers without running the normal license removal process. While hardware failure does happen and we accommodate that the first time or even 2, if you start saying you have numerous hardware failures preventing the license removal verification it starts to seem a bit unlikely. I've never had a single catastrophic failure on any of my computers since about 1990, but maybe I've just been lucky :)

    Thanks,

    Mike
    Global Mapper Guru
    geohelp@bluemarblegeo.com
    Blue Marble Geographics for Coordinate Conversion, Image Reprojection and Vector Translation
  • kbellis
    kbellis Global Mapper User Trusted User
    edited September 2013
    Mike - Thank you for the reply.

    Will anybody from Blue Marble (aside from yourself of course!) care to answer these remaining questions which are not addressed by the EULA:

    4) A surveyor friend is considering upgrading from her present version of Global Mapper (v13) and wants to know if she has just upgraded to v14, if she'll be forced to upgrade again in a couple of weeks (or whenever) v15 is released. Is there any incentive for her to upgrade now before v15 is released? She already knows there is a no-refund policy.

    5) Another surveyor friend has described licensing problems with Blue Marble that he has had to deal with after his computer failed and in trying to get his license recognized on his replacement system. It's possible the hassle that he described has lead to what he just reported yesterday; that for an extra fee he would be assured that he could reinstall his license on his computer should it fail again.

    5b) And whatever in the world was he referring to as some sort of installation insurance???

    6) What steps, if any, must be taken to install my single license on my laptop after I've installed it on my PC?
  • global_mapper
    global_mapper Administrator
    edited September 2013
    Oh I forgot some of the questions, so many today and my caffeine isn't fully in effect yet!

    There is a discounted upgrade process to go from before v14 to v15 so I would think something like that would apply for your friend on v13. You (or your friend) can contact gmorders@bluemarblegeo.com and they should let you know the exact process. I imagine if she just recently upgraded to v14 then maybe it would be the difference of the v13-v15 price and the v14-v15 price to move to v15.

    To install on your laptop, assuming you only have one activation so far, just install on your laptop and then activate with your order number on the normal registration dialog. The automatic process should work.

    Someone else will have to respond about any kind of insurance, although it seems extremely unlikely for anyone to have more than 2 hardware failures over the course of a year or so. One would be fine, and sometimes extreme bad luck hits and you get 2 hardware failures. More than that and you start to enter the realm of something not being right.

    Thanks,

    Mike
    Global Mapper Guru
    geohelp@bluemarblegeo.com
    Blue Marble Geographics for Coordinate Conversion, Image Reprojection and Vector Translation
  • rickdb
    rickdb Global Mapper User
    edited September 2013
    4) A surveyor friend is considering upgrading from her present version of Global Mapper (v13) and wants to know if she has just upgraded to v14, if she'll be forced to upgrade again in a couple of weeks (or whenever) v15 is released. Is there any incentive for her to upgrade now before v15 is released? She already knows there is a no-refund policy.

    I don't know about upgrading from upgrades but I can tell you I purchased Global Mapper v14 on Sept. 1 and they want me to pay to upgrade to v15 which came out about two weeks after my purchase. Apparently I missed a web offer to "pre-buy v15" tough luck me...
    I don't like this kind of behaviour to a customer and I will not be upgrading, instead I will look for the first opportunity to move to another software and dump this one in the trash.
  • global_mapper
    global_mapper Administrator
    edited September 2013
    Rick,

    I'm sorry for your experience, as v15 is more expensive than v14 you wouldn't be able to go from v14 to v15 for no extra cost, but were you offered to upgrade for just the price difference since your v14 purchase was so recent?

    Thanks,

    Mike
    Global Mapper Guru
    geohelp@bluemarblegeo.com
    Blue Marble Geographics for Coordinate Conversion, Image Reprojection and Vector Translation
  • rickdb
    rickdb Global Mapper User
    edited September 2013
    Mike,
    Thanks, that changes everything of course and I wish I had been told the price increase was the reason when I contacted them about why I was being charged for an upgrade barely two weeks after my initial purchase.

    Much appreciated.

    Rick
  • kbellis
    kbellis Global Mapper User Trusted User
    edited September 2013
    This certainly helps clear up my confusion seeing now for the first time the exchanges from 09-21-2013, 06:41 PM and 09-23-2013, 10:55 AM; however, it now fuels a new and chilling question: Why had that exchange been censored in the first place?
  • PaulTocknell
    PaulTocknell Forum Administrator Unconfirmed
    edited September 2013
    Kelly,

    The forum from time to time decides to moderate certain posts (even from Mike!) and the exact logic it does to do so can sometimes be a mystery. I try to approve them as soon as I can but some remain there longer than I would like. I believe that is what happened this time and I freed those posts from the moderation queue this morning.

    Sorry,

    Paul
  • kbellis
    kbellis Global Mapper User Trusted User
    edited September 2013
    The forum decides ?

    Did you mean to say: forum Administrator / Moderator ?