AGREEMENT BETWEEN USER AND MAP-DYNAMICS

PLEASE READ THESE TERMS AND CONDITIONS AND THE FAQ VERY CAREFULLY BEFORE REGISTERING FOR THE MAP-DYNAMICS EXPOREP ONLINE SOFTWARE. REGISTRATION FOR THE MAP-DYNAMICS EXPOREP ONLINE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR THE MAP-DYNAMICS EXPOREP ONLINE SOFTWARE. MAP-DYNAMICS EXPOREP ONLINE SOFTWARE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. YOUR USE OF THE MAP-DYNAMICS EXPOREP ONLINE SOFTWARE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS, AND NOTICES.

1. Drawing Costs

The cost of drawing and editing map elements may be added to the cost of the one year license. The cost of drawing and editing map elements will be determined after the Licensor has reviewed the final floor plan. At this point the Licensor will deliver a price, based on an hourly charge, for the drawing and editing of map elements. This will be invoiced to the Licensee any time changes are made to the floor plan or at the initial drawing of the floor plan. Drawing costs are due when the floor plan drawing has been approved by the client, and the software license fee is due each month on the first of the month.

2. Support
1. Browsers

Browsers supported are FireFox3, Internet Explorer 7, Internet Explorer 8, and Apple Safari 4. This system is built in Adobe Flash and will not work on any browser or system that does not support Flash or on any browser that does not have Flash installed. Due to the complexity of a web server and the complex nature of dynamic websites, programming and/or server problems do happen and should be prepared for.

2. Email Support

Before an issue can be responded to, clients must submit the support issue via email. All emails will be answered in a first come, first serve basis. J House Media strives to resolve all issues within 3 business days. However, due to the complex nature of some support issues, we may not be able to meet this goal in all cases.

3. Phone Calls

After an email has been received, if a phone call is required to answer a support issue, a team member from J House Media will call the client back. Clients are granted up to 3 phone calls without a prior email per year. All phone calls made from the Licensor to the Licensee are exempt from this 3 call limit. After phone calls have been used, all calls will be billed at $95 per hour with a minimum of 15 minute increments.

3. Billing Policy

The Licensee will be billed automatically unless otherwise requested by the Licensee via email to the Licensor.

4. Administration Tools and Software
1. Administration Tools and Software are defined as J House Media’s Know-How, whether patented or unpatented, registered or unregistered, copyrighted or uncopyrighted, confidential or in the public domain, or acquired by assignment, license, or other means. The term Administration Tools and Software shall include, but shall not be limited to J House Media’s ExpoRep System which includes both the public and administrative portions of their software.
2. The Licensee is granted a one (1) month license with a minimum of 6 months for use of the Administration Utility, the Licensor’s proprietary content management software.
3. The Licensee acknowledges and agrees that the software is licensed for distribution by the Licensor for the strict use of distribution by Licensed Distributors and their affiliates that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, are licensed to the Licensor.
4. The Licensee agrees not to modify, alter, add to, create any derivative work of, or include in any other software the Licensor’s software or any portion thereof.
5. The Licensee agrees not to reverse assemble, decompile, or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization) from the Licensor’s Administration Tools or Software.


5. Force Majeure

Licensor will not be responsible or liable for, and will be excused from, any non-performance or delay in the performance of any of its obligations under this Agreement if and to the extent that such non-performance or delay (i) is caused by an act of God, natural disaster, civil disturbance, war, fire, earthquakes, changes in law, regulation or government policy, or non-performance by any third party (including vendors or suppliers), or any other factor beyond the control of Licensor, whether or not foreseeable ("Force Majeure"), and (ii) could not have been prevented by Licensor's taking normal and customary precautions. In the event that Licensor is excused from the performance of its obligations pursuant to this Section 7.4, then Licensor will use its best commercial efforts that are practicable under the circumstances to resume performance of its obligations as soon as feasible.

6. Discounts and Advance Purchases

A discount is offered to those organizations that wish to purchase a minimum 12 or 24 months in advance. If services are ended prior the fulfilling the 12 or 24 month contract, a refund is not available but the remaining months in the contract may be used for a new show license not occurring at the same time as an existing show.

7. Cancellation and Refunds
1. If cancellation occurs within 15 days, no monthly license fees will be incurred but the setup charges will remain oweable if not paid in advance.
2. Refunds of prepaid monthly license fees are not available but may be transferred to future shows.


8. Additional Agreements
1. This agreement in nontransferable.
2. Any and all services and work shall be done on a non-exclusive basis and The Licensor and Licensee may enter into agreements with other companies for similar services.
3. Should any lawsuit be brought against The Licensor in regards to this contract, the total amount of that lawsuit will not be greater than the total amount of the contract.
4. Licensee will indemnify and hold The Licensor harmless from any implicit or explicit responsibility of building usership or audience for Licensee’s website insofar as Licensee’s core offering and perceived target audience may or may not to a greater or lesser degree, be appealing, well timed or duly served in the marketplace by another entity and Licensee’s usership or audience may or may not be affected by influences not pertinent to the World Wide Web. Explicitly, it is the Licensee’s sole responsibility to drive traffic or to procure services to drive traffic to any website constructed.
5. The nature, validity, effect and performance of this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Georgia.
6. This agreement supersedes all prior discussions and agreements between the parties hereto with respect to the subject matter hereof, and represents the entire agreement between the parties hereto with respect to the subject matter hereof.