Thank you for your interest in Mappy, Inc. (“Mappy” or “Partner”). Mappy is a geospatial platform connecting venue operators with their guests. Mappy’s developer tools for mobile apps are designed to enhance the guest experience by providing the ability to find friends, family, and amenities on custom, interactive 2D/3D maps. The underlying data analytics platform is designed to provide information on guest movement patterns and visualization tools to inform data-driven decisions for venues. By using the Mappy Services, which may include the use of Esri Hosted Solutions, the Customer (“Solution Delivery End User”) agrees to the flow-down terms and conditions from Esri.
1. Solution Delivery End Users disclaim, to the extent permitted by applicable law, Esri and its licensors’ liability for any damages or loss of any kind, whether direct, special, indirect, incidental, or consequential, arising from the use of the Hosted Solutions including, but not limited to, liability for use of Hosted Solutions in high-risk activities or liability related to any Data supplied by Esri.
2. If Mappy terminates participation in the Esri Partner Network Agreement or use of Hosted Solutions, Solution Delivery End User is required to (i) cease access and use of the terminated Authorized Sublicense Material in Hosted Solutions, and (ii) clear any client-side data cache derived from the terminated Authorized Sublicense Material in Hosted Solutions.
3. Solution Delivery End User is required to comply fully with all relevant export laws and regulations of the United States, including, but not limited to, the Export Administration Regulations (EAR), including prohibited end users and end uses as referenced in Part 744 and Supplement No. 4 to Part 744 of the EAR; International Traffic in Arms Regulations (ITAR); and the United States Department of Treasury, Office of Foreign Assets Control (OFAC) regulations, and to ensure that Esri products, or any direct product thereof, are not exported, reexported, transferred, diverted, used, or accessed, directly or indirectly, in violation of any United States export laws and regulations. When applicable, Partner and any Solution Delivery End Users will provide Esri with information about Partner and Solution Delivery End Users’ export and distribution activities as may be required for Esri to meet its obligations under the United States export control laws and regulations.
4. Solution Delivery End Users are prohibited from removing or obscuring of any patent, copyright, trademark, proprietary rights notices, or legends contained in or affixed to any Authorized Sublicense Material, output, metadata file, or online or hard-copy attribution page of any Data with respect to Authorized Sublicense Material.
5. Solution Delivery End Users disclaim all terms in the Esri Click-Through Master Agreement (E204CW) included with Authorized Sublicense Material. Esri and its licensors do not warrant that Data and Authorized Sublicense Material will meet the Solution Delivery End User’s needs or expectations; that the use of Data, Authorized Sublicense Materials, and Hosted Solutions will be uninterrupted; or that all nonconformities can or will be corrected. Esri and its licensors are not inviting reliance on Data in Authorized Sublicense Materials, and Solution Delivery End User should always verify actual Data in Authorized Sublicense Materials. Any warranty offered by Partner for the Partner Hosted Solutions shall only apply between Partner and its Solution Delivery End Users. Esri does not offer any warranties or indemnities to Solution Delivery End User for the Authorized Sublicense Material.
6. Solution Delivery End Users are prohibited from using Authorized Sublicense Material for any revenue generating activities. Authorized Sublicense Material in Hosted Solution is for the internal use of Solution Delivery End Users only.
7. Solution Delivery End Users are prohibited from using Authorized Sublicense Material independently from Hosted Solution or in any other product or service.
8. Solution Delivery End Users are prohibited from storing, caching, using, uploading, distributing, or sublicensing content or otherwise using Authorized Sublicense Material in violation of Esri’s or a third party’s rights, including intellectual property rights, privacy rights, nondiscrimination laws, export laws, or any other applicable law or regulation.
9. Solution Delivery End Users are prohibited from sharing of Named User login credentials. These are for designated Solution Delivery End Users only and may not be shared with other individuals. A license may be reassigned to another Solution Delivery End User if the former user no longer requires access to the Hosted Solution.