[Az-Geocaching] Cache database

AZcachemeister azcachemeister at getnet.com
Tue Jul 10 18:48:10 MST 2007 

SHHHHH!
The neighbors are listening!

IMPORTANT--READ CAREFULLY BEFORE DOWNLOADING THE ONLINE DATA

GROUNDSPEAK, INC. D/B/A GEOCACHING.COM (GROUNDSPEAK), IS WILLING TO 
LICENSE THE REQUESTED DATA TO YOU ONLY UPON THE CONDITION THAT YOU 
ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. 
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING THE 'I 
ACCEPT' BUTTON AND THEREAFTER DOWNLOADING THE ONLINE DATA. BY 
DOWNLOADING THE ONLINE DATA, YOU ARE INDICATING YOUR ACCEPTANCE OF THE 
GROUNDSPEAK DATA LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND 
CONDITIONS AS STATED, THEN GROUNDSPEAK IS UNWILLING TO LICENSE THE DATA 
TO YOU.

GROUNDSPEAK DATA LICENSE AGREEMENT


This is a license agreement, and not an agreement for sale, between the 
end user (Licensee) and GROUNDSPEAK, Inc. (GROUNDSPEAK), a Washington 
corporation, with its principal place of business at 2127 5th Avenue, 
Seattle, WA, 98121, USA. This GROUNDSPEAK Data License Agreement 
(Agreement) gives Licensee certain limited rights to use the Data and 
Related Materials. All rights not specifically granted in this Agreement 
are reserved to GROUNDSPEAK.

Reservation of Ownership and Grant of License: GROUNDSPEAK and its 
licensor(s) retain exclusive ownership of the copy of the Data and 
Related Materials licensed under this Agreement and, hereby, grant to 
Licensee a personal, nonexclusive, nontransferable license to use the 
Data and Related Materials based on the terms and conditions of this 
Agreement. Licensee agrees to use reasonable effort to protect the Data 
and Related Materials from unauthorized use, reproduction, distribution, 
or publication.

Proprietary Rights and Copyright: Licensee acknowledges that the Data 
and Related Materials contain proprietary and confidential property of 
GROUNDSPEAK and its licensor(s). The Data and Related Materials are 
owned by GROUNDSPEAK and its licensor(s) and are protected by United 
States copyright laws and applicable international copyright treaties 
and/or conventions.

Permitted Uses:
.    Licensee may install the Data or portions of the Data onto a global 
positioning system unit ["GPS"] for Licensee's own internal use.
.    Licensee may make only one (1) copy of the original Data for 
archival purposes unless the right to make additional copies is granted 
to Licensee in writing by GROUNDSPEAK.
.    Licensee may modify the Data and merge other data sets with the 
Data for Licensee's own internal use. The portions of the Data merged 
with other data sets will continue to be subject to the terms and 
conditions of this Agreement.
.    Licensee may use, copy, alter, modify, merge, reproduce, and/or 
create derivative works of the on-line textual content [including the 
about geocaching content, links content and cache hiding tutorial] for 
Licensee's own internal use. The portions of the on-line documentation 
merged with other software, data, hard copy, and/or digital materials 
shall continue to be subject to the terms and conditions of this 
Agreement and shall provide the following copyright attribution notice 
acknowledging GROUNDSPEAK's proprietary rights in the on-line 
documentation: "Portions of this document include intellectual property 
of GROUNDSPEAK and are used herein by permission. Copyright © 2006 
GROUNDSPEAK, Inc. All Rights Reserved."
Uses Not Permitted:
.    Licensee shall not sell, rent, lease, sublicense, lend, assign, 
time-share, or transfer, in whole or in part, or provide access to the 
Data, Related Materials, any updates, or Licensee's rights under this 
Agreement to any third party whatsoever.
.    Licensee shall not reverse engineer, decompile, or disassemble the 
GROUNDSPEAK-compatible data format(s) in an attempt to duplicate the 
proprietary and copyright-protected GROUNDSPEAK data model(s) and/or 
export format(s).
.    Licensee shall not remarket, resell, and/or redistribute the Data 
or any derived portion(s) of the Data in its digital form to any third 
party whatsoever.
.    Licensee shall not remove or obscure any GROUNDSPEAK and/or 
licensor(s) copyright, proprietary, or trademark notices.
Redistribution Rights for Derived Digital Data Sets: At GROUNDSPEAK's 
sole option, GROUNDSPEAK may grant a separate sublicense agreement, on a 
royalty fee basis, with Licensees who wish to obtain redistribution 
rights for derived or other value-added digital data sets in 
GROUNDSPEAK-compatible data format(s). Please address your written 
proposals to Attn.: GROUNDSPEAK Data Manager, GROUNDSPEAK, Inc., 2127 
5th Avenue, Seattle, WA, 98121 USA.

Term: The license granted by this Agreement shall commence upon 
Licensee's receipt of the Data and Related Materials and shall continue 
until such time that (1) Licensee elects to discontinue use of the Data 
and Related Materials and terminates the Agreement or (2) GROUNDSPEAK 
terminates for Licensee's material breach of this Agreement. Upon 
termination of this Agreement in either instance, Licensee shall then 
return to GROUNDSPEAK the Data and Related Materials. The parties hereby 
agree that all provisions that operate to protect the rights of 
GROUNDSPEAK and its licensor(s) shall remain in force should breach occur.

No Warranty: The Data are not warranted and Licensee expressly 
acknowledges that the Data contain some nonconformities, defects, or 
errors. GROUNDSPEAK does not warrant that the Data will meet Licensee's 
needs or expectations, that the use of the Data will be uninterrupted, 
or that all nonconformities, defects, or errors can or will be 
corrected. GROUNDSPEAK is not inviting reliance on these data, and 
Licensee should always verify actual data.

THE DATA AND RELATED MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS," 
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT 
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS 
FOR A PARTICULAR PURPOSE.

Exclusive Remedy and Limitation of Liability: The GROUNDSPEAK and/or 
licensor(s) entire liability and Licensee's exclusive remedy shall be to 
terminate the Agreement upon Licensee returning the Data and Related 
Materials to GROUNDSPEAK with a copy of Licensee's invoice/receipt and 
GROUNDSPEAK returning any license fees paid to Licensee.

IN NO EVENT SHALL GROUNDSPEAK AND/OR ITS LICENSOR(S) BE LIABLE FOR COSTS 
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOST SALES 
OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH 
ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, 
INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS 
AGREEMENT OR USE OF THE DATA AND RELATED MATERIALS, HOWEVER CAUSED, ON 
ANY THEORY OF LIABILITY, AND WHETHER OR NOT GROUNDSPEAK AND/OR ITS 
LICENSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE 
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE 
OF ANY EXCLUSIVE REMEDY.

No Implied Waivers: No failure or delay by GROUNDSPEAK and/or its 
licensor(s) in enforcing any right or remedy under this Agreement shall 
be construed as a waiver of any future or other exercise of such right 
or remedy by GROUNDSPEAK and/or its licensor(s).

Export Regulation: Licensee acknowledges that this Agreement and the 
performance thereof are subject to compliance with any and all 
applicable United States laws, regulations, or orders relating to the 
export of data thereto. Licensee agrees to comply with all laws, 
regulations, and orders of the United States in regard to any export of 
such Technical Data. Licensee agrees not to disclose or re-export any 
Technical Data received under this Agreement in or to any countries for 
which the United States Government requires an export license or other 
supporting documentation at the time of export or transfer, unless 
Licensee has obtained prior written authorization from GROUNDSPEAK and 
the U.S. Office of Export Control.

Severability: If any provision(s) of this Agreement shall be held to be 
invalid, illegal, or unenforceable by a court or other tribunal of 
competent jurisdiction, the validity, legality, and enforceability of 
the remaining provisions shall not in any way be affected or impaired 
thereby.

Governing Law: This Agreement, entered into in King County shall be 
construed and enforced in accordance with and be governed by the laws of 
the United States of America and the State of Washington without 
reference to conflict of laws principles. The parties hereby consent to 
the personal jurisdiction of the courts of this County and waive their 
rights to change venue.

Entire Agreement: The parties agree that this constitutes the sole and 
entire agreement of the parties as to the matter set forth herein and 
supersedes any previous agreements, understandings, and arrangements 
between the parties relating hereto.




Bob Renner wrote:
> Dan & Jason,
>
> Let me run another set of queries this week and move
> the missing caches to the OLD database and I'll send
> it to both of you.
>
> Bob
>
> --- Jason Poulter <jason at azgeocaching.com> wrote:
>
>   
>> Hey bob think ya could send that data our way too.
>>
>> Azgeo
>>
>>
>> Bob Renner wrote:
>>     
>>> Dan,
>>>
>>> I have been getting periodic pocket queries of all
>>>       
>> AZ
>>     
>>> caches for about 1 1/2 years.  As caches fall off
>>>       
>> the
>>     
>>> list, I moved them to an OLD listing.  That list,
>>> along with what remains on AZGEOCACHING from the
>>> earlier years, may get you what you want.
>>>
>>> Bob
>>>
>>> --- "Koch, Dan" <Dan.Koch at Eclipsys.com> wrote:
>>>
>>>       
>>>> Does anyone have a comprehensive listing of AZ
>>>> caches that they are
>>>> willing to share?
>>>>
>>>>  
>>>>
>>>> I'm looking for a comprehensive listing of all
>>>> Arizona caches, both
>>>> active and archived.  Azgeocaching.com used to
>>>>         
>> have
>>     
>>>> the best list
>>>> available, but it is now a bit out of date.  Even
>>>> for the caches it does
>>>> contain, the data seems to be corrupt and
>>>> coordinates are missing.
>>>>
>>>>  
>>>>
>>>> I can get a listing of all currently active
>>>>         
>> caches
>>     
>>>> by pocket query but
>>>> this doesn't include the archived caches.  
>>>>
>>>>  
>>>>
>>>> Anyone?
>>>>
>>>>  
>>>>
>>>> Thanks!
>>>>
>>>> LazyK - Dan
>>>>
>>>>         
> ____________________________________________________________
>   
>>>> Az-Geocaching mailing list
>>>>         
>> listserv at azgeocaching.com
>>     
>>>> To edit your setting, subscribe or unsubscribe
>>>> visit:
>>>>
>>>>         
> http://listserv.azgeocaching.com/mailman/listinfo/az-geocaching
>   
>>>> Arizona's Geocaching Resource
>>>> http://www.azgeocaching.com
>>>>
>>>>         
>>>
>>>        
>>>
>>>       
> ____________________________________________________________________________________
>   
>>> Sick sense of humor? Visit Yahoo! TV's 
>>> Comedy with an Edge to see what's on, when. 
>>> http://tv.yahoo.com/collections/222
>>>
>>>       
> ____________________________________________________________
>   
>>> Az-Geocaching mailing list
>>>       
>> listserv at azgeocaching.com
>>     
>>> To edit your setting, subscribe or unsubscribe
>>>       
>> visit:
>>     
> http://listserv.azgeocaching.com/mailman/listinfo/az-geocaching
>   
>>> Arizona's Geocaching Resource
>>> http://www.azgeocaching.com
>>>
>>>       
>>     
> ____________________________________________________________
>   
>> Az-Geocaching mailing list listserv at azgeocaching.com
>> To edit your setting, subscribe or unsubscribe
>> visit:
>>
>>     
> http://listserv.azgeocaching.com/mailman/listinfo/az-geocaching
>   
>> Arizona's Geocaching Resource
>> http://www.azgeocaching.com
>>
>>     
>
>
>
>       ____________________________________________________________________________________
> Luggage? GPS? Comic books? 
> Check out fitting gifts for grads at Yahoo! Search
> http://search.yahoo.com/search?fr=oni_on_mail&p=graduation+gifts&cs=bz
> ____________________________________________________________
> Az-Geocaching mailing list listserv at azgeocaching.com
> To edit your setting, subscribe or unsubscribe visit:
> http://listserv.azgeocaching.com/mailman/listinfo/az-geocaching
>
> Arizona's Geocaching Resource
> http://www.azgeocaching.com
>
>
>
>   
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://listserv.azgeocaching.com/pipermail/az-geocaching/attachments/20070710/3dffb1d7/attachment.htm

More information about the Az-Geocaching mailing list