| |
Online
Application Form
Step 1: Accept Intergraph Synergy Subscriber Program
Terms and Conditions
Please read the following carefully. By pressing the "I agree" button
at the bottom of this page to participate in the Intergraph Synergy Subscriber
Program (hereafter "Subscriber Program"), you hereby agree to the following
terms and conditions:
- Relationship with Intergraph Security, Government and Infrastucture
(hereafter "Intergraph")
You understand and agree that acceptance into the Subscriber Program
does not create a partnership or agency relationship between yourself
and Intergraph. Neither you nor Intergraph is an agent of the other
nor has any authority to bind the other.
- Term
The term of your participation in the Subscriber Program will begin
on the date Intergraph accepts your Subscriber Program application
and receives your Subscriber Program membership fee. Your Subscriber
Program membership will renew annually upon your payment of the then
current annual Subscriber Program fee and will continue until terminated
in accordance with the terms and conditions contained herein.
- Termination
Non-Renewal - Intergraph shall have the right to terminate your
Subscriber Program membership at the end of the initial term or any
renewal term by providing written notice to you prior to the expiration
of the then current term.
Convenience - You may terminate your Subscriber Program membership
at any time by providing 30-days written notice to Intergraph.
Breach - If you are in material breach of your obligations herein
and have failed or been unable to remedy such breach within 30 days
after receipt of written notice from Intergraph specifying such breach,
Intergraph may terminate your Subscriber Program membership by providing
written notice of termination, effective upon the date of its sending.
Bankruptcy - If a receiver is appointed over the whole or part
of your assets, or if any petition is filed by or against you initiating
any bankruptcy reorganization proceeding, or you make an assignment
for the benefit of creditors, or if any order is made or resolution
is adopted for your dissolution (unless such order or resolution is
part of a scheme of recapitalization, merger, or consolidation) you
shall immediately notify Intergraph of such event, and Intergraph
may terminate your Subscriber Program membership by written notice
thereof, effective upon the date of its sending.
Effect of Termination - Upon termination of this agreement
for any reason, you shall return to Intergraph or certify that you
have destroyed any and all information provided to you by Intergraph
that is designated as confidential, along with all copies and portions
thereof, in any form whatsoever. In the event of termination, Intergraph
Corporation will not refund any portion of the Subscriber Program
fees.
- Modification
Intergraph Corporation reserves the right to modify the terms and
conditions of the Subscriber Program at any time by providing you
30 days written notice.
- Proprietary Rights
You agree that you will not use any Intergraph name or any Intergraph
trademark in any manner whatsoever, including but not limited to,
using the Intergraph name and/or any Intergraph trademark in or as
part of the name of your product. You may descriptively refer to Intergraph
products in marketing materials so long as you do not state, suggest,
or otherwise imply that Intergraph has licensed, approved, or endorsed
your product.
- Confidential Information
You agree that you will not use any information designated by Intergraph
as confidential (hereafter "confidential information") for any purpose
except to promote the relationship between you and Intergraph under
the Subscriber Program. You shall limit the disclosure of confidential
information to only those persons in your organization who have a
need to know such information for your participation in the Subscriber
Program. You agree that you shall not disclose confidential information
to any third party whatsoever without the express prior written consent
of Intergraph. Intergraph considers unannounced Intergraph products
to be confidential information. You agree to comply with all Intergraph
copyright notices and proprietary legends included in material furnished
to you by Intergraph.
- Software License Ownership and Maintenance Requirement
You are required to own at least one license of any of the GeoMedia
suite of products. You must also purchase and keep current maintenance
service for the purchased GeoMedia product for as long as you are
in the Subscriber Program. You will be required to purchase and keep
current maintenance for any additional copies that you acquire of
the same GeoMedia product. Refer to the applicable Intergraph software
maintenance contract for terms and conditions of maintenance services.
- Export
You agree that you will not export any material or product you receive
from the Intergraph Synergy Subscriber Program in contravention of any
applicable export law or regulation.
- Compliance
You agree to comply at all times with any and all notices on media
and the terms and conditions of any license agreement governing any
software, technical data, or other offering Intergraph provides to
you under the Subscriber Program.
- Precedence
The foregoing terms and conditions shall take precedence over any
provisions in any purchase order or other Intergraph business form
and shall apply to all transactions between you and Intergraph unless
the parties otherwise agree in writing. This paragraph applies only
to transactions, purchase orders, and other Intergraph business forms
that relate to the subject of these terms and conditions.
- Assignment
You shall not have the right to assign or otherwise transfer this
agreement or any rights or obligations herein without the express
written consent of Intergraph.
- Severability
If a portion of these terms and conditions are held unenforceable,
the remainder shall remain enforceable.
- Venue
These terms and conditions shall be governed by and interpreted in
accordance with the laws of the state of Alabama.
Intergraph reserves the right at its
sole discretion to approve or reject any application for Synergy Membership
- company, individual, or academic.
|
|