IMPORTANT NOTICE TO WEB PUBLISHERS

SmallMap.com™, its owners, and its suppliers own all intellectual property in the SmallMap Software, as defined in the SmallMap Licensing Agreement, the latest version of which can be found at: http://smallmap.com/terms.htm. SmallMap.com permits you to Use the Software only in accordance with the terms of the licensing agreement. If you do not read and agree to be bound by the terms and conditions defined in the licensing agreement, you are not permitted to try, modify, or continue to use the Software or any derivations on your Website. The Software is distributed as a shareware. It may be downloaded, modified, tried, and published on a Website for 90 days without fee, but you may not resell it. After the 90-day trial period counting from the day of publication, required registration fee for continuing use of this shareware is US$100 payable to SmallMap.com. You may access the SmallMap registration form and details at http://smallmap.com/registration.htm. You agree not to remove, alter, or destroy this paragraph, its title, and the below copyright notices from the SmallMap main program file.

Copyright © SmallMap.com 2005

SMALLMAP LICENSE AGREEMENT

1. DEFINITIONS

"SmallMap" or "Software" means the dynamic HTML codes, script, all program and information files, and other documentation which are part of the SmallMap software package as developed by SmallMap.com and published at http://smallmap.com, but excludes the creative contents, images and databases originated by World Wide Web Publishers, or Web Publishers, as defined below.

"SmallMap.com", "We" or "Our" refers to this Internet domain and its owner.

"Web Publisher", "You" or "Your" refers to any programmer, World Wide Web site (Website) designer or owners, who try, modify, customize, translate, install the Software, or supervise those who do so for any Website.

"End User" means any visitor who browses, views and uses, but does not control the Software on any Website. End User may browse, view, and use the Software on the Web Publisher's Website without any fee payment to SmallMap.com and without registration.

"Agreement" means this SmallMap Software License Agreement.

2. TERMS OF AGREEMENT

This is a legal agreement between you, the Web Publisher, and SmallMap.com. By trying, customizing, modifying, installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not try, customize, modify, use or install the Software.

3. INTELLECTUAL PROPERTY OWNERSHIP, COPYRIGHT PROTECTION

The Software is protected by copyright and intellectual property laws, as well as international treaties. The Software Product is licensed, not sold. You acknowledge that no title to the intellectual property in the Software Product is transferred to you.

All copyrights, trademarks, intellectual property rights related to the Software are the property of and remains vested in the owners of SmallMap.com and suppliers. Code and script improvements adapted by SmallMap.com, in accordance with "Permission to Use Your Code Improvements" below, remain the intellectual property of and copyright of by the respective suppliers, and are given credit in the Software. Copyrights of creative contents, images, or data that originated from the Web Publishers belong to the respective Web Publishers and their suppliers.

4. DOWNLOAD

You may download this program from http://smallmap.com without fee. You are bound by this agreement even if you have downloaded this Software or its derivations from trial users, registered users, distributing agents, or anywhere else.

5. MODIFICATION

You may try, customize, modify, translate, and make any changes suitable to your Website and purposes, subject to the restrictions mentioned below. You may publish the customized Software on Website and gain revenues by means other than reselling this Software.

6. REGISTRATION REQUIREMENT AFTER 90 DAYS

You agree that, within 90 days counting from the day when you first publish the customized Software on your Website, you will register your use of the Software with SmallMap.com. Note that you can take as long as you need to customize the Software; the 90-day trial period only starts counting once you have published the results publicly.

You agree to pay, at the time of registration, a fee of US$100 using one of the methods specified on SmallMap.com's registration page (http://smallmap.com/registration.htm), or discontinue the usage by withdrawing the Software or derivations from publication at your Website.

You agree to accept the listing of your Website on SmallMap.com's registration page as confirmation of your registration.

Registration is not required for non-publicly viewable site, such as password-protected private Websites. However, you agree to abide by all other applicable terms, such as but not limited to the terms of intellectual property, no resale, no warranty, limitation of liability, and indemnification. We encourage non-public and any supporters to make any amount of donation (using another section of the registration page) to help our efforts to provide and upgrade the Software.

One registration is required for each distinct community. A single Internet domain that uses SmallMap for several communities will be required to make as many registrations as there are distinct communities.

For each registration, you may make as many copies of the Software as needed for purpose of development, improvement, testing, support, and mirroring, so long as all these copies represent the same community, are of the same name, and same physical characteristic or location. You only need to register a primary URL for such a community.

Registration under a URL is transferable to a different URL provided the original registrant refill the registration form and we are able to confirm the change by email to the original registrant, or failing that, any representative of the original domain.

You may re-register, without further payment, if you find a newer version of the Agreement more generous or suitable for your needs, subject to the same procedure and verification as transferring a registration described above. An update on our registration page of your registration date serves as a confirmation that your re-registration is successful.

You may de-register your previous registration, subject to the same procedure and verification as transferring a registration described above. You must remove your customized Software from your Website. Upon de-registration, your URL will be removed from SmallMap.com's registration page. Fees are non-refundable for de-registration.

7. RIGHT OF REFUSAL

We reserve the right to refuse to register or transfer your registration. If we should exercise this right during the initial registration only, we will refund your registration fees. You agree that we are not liable to you for any loss or damages resulting from our refusal to register your URL as a SmallMap user or to transfer your registration.

8. FEES ARE NONREFUNDABLE

Registration fee is not refundable under all circumstances, except as described in "Right of Refusal" above when we exercise our right to refuse your registration initially. Fees are not refundable if we refuse to transfer your registration to another URL.

9. UPGRADES

Registered users are entitled to download and adopt all future upgrades of the Software from http://smallmap.com. You agree to permit other trial and registered users to adopt without fees any of your code improvements that have been incorporated into future versions of the Software, as described in "Permission to Use Your Code Improvements" below.

10. PERMISSION TO USE YOUR CODE IMPROVEMENTS

Unless you explicitly state otherwise as described in the next paragraph, you grant SmallMap.com the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license under this Agreement, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and incorporate into future versions of the Software any of your code improvements on the Software which you have published in a text format in a publicly viewable Website, provided that the Software credits your work by citing your Website URL within the Software. Your grant described here applies only to code and script improvements, and does not apply to your creative contents, images, or data.

You may refuse to grant SmallMap.com the abovementioned right and license to use your code improvements by inserting a short notice in the Software. To refuse SmallMap.com this right, in the main HTML file initially named "index.htm", immediately below "IMPORTANT NOTICE TO WEB PUBLISHERS" and SmallMap.com's copyright notice, you may insert a statement such as "We do not grant SmallMap.com the right to use the code improvements made by [your name]" or other statement of similar effect. You can be more specific by citing the section or programming functions covered by your refusal.

We acknowledge you may decide to refuse SmallMap.com this right because you intend to gain consulting or revenues of similar nature by providing your code improvements to your consulting clients. However, we emphasize that you may not resell, re-license, or receive registration fee from your clients. Your clients must still register with SmallMap.com, albeit using your improved version of the Software. It will be your responsibility to cause such clients of yours to register their use of the Software with SmallMap.com, or for you to pay for the registration in the name of their URL.

If you refuse to grant SmallMap.com the right to use your code improvements, you further agree to indemnify SmallMap.com from any liability for any inadvertent adoption by SmallMap.com, and any subsequent adoption by other users, of your code improvements via third parties who have not clearly identified that the code improvements had originated from you. When informed by you of the error, SmallMap.com will act in good faith to expunge your code improvements from future versions of the Software on the SmallMap.com Web site. However, due to the complexity of expunging codes from already-customized, published or unpublished, copies of the Software on Websites not controlled by SmallMap.com, you agree that SmallMap.com will not be responsible to contact any trial or registered users who have downloaded the Software containing the code improvements in question, or to force them to expunge the improvements from their copies.

11. RESTRICTION: NO RESALE, ONLY DISTRIBUTION AND SERVICE CHARGES

You may redistribute the Software, but only charging the costs of customizing, translating, distributing, installing, and consulting services. You may not resell or re-license this Software or any of its derivations. You may not receive any registration fees. Redistributions of the Software must retain all copyright notices and this Agreement. As a programmer, agent, employee, consultant who does not control a Website that tries and uses the Software, you agree to cause the owner or those who control the Website to become aware of the 90-day trial period and registration requirement, or to fulfill the registration requirement yourself on behalf and in the name of the Website.

Any request to adopt or modify the Software into binary or non-text format for resale or re-licensing must be made in writing to SmallMap.com. No resale or re-licensing may proceed without a separate, explicit, written agreement from SmallMap.com.

12. RESTRICTION: MAINTAINING NOTICES, AGREEMENT, COPYRIGHT, LINKS

You agree not to remove, alter, or destroy any of the copyright markings or trademarks of SmallMap.com and its contributors within the Software.

You agree not to remove, alter, or destroy the paragraph entitled "IMPORTANT NOTICE TO WEB PUBLISHERS" which appears within the main program file originally located at and named "http://smallmap.com/index.htm", or as the file appears by any other names. This paragraph must be situated near the beginning, but after the meta tags, of the HTML file, and should be identical to the first paragraph of this Agreement.

You agree not to remove or alter the text of the notice entitled "Powered by SmallMap", and the link back to SmallMap.com homepage at http://smallmap.com as well as the copyright notice and trademark contained within the notice, which appears at page bottom when the Software is rendered into a Web page by a Web browser.

13. REQUIRED NOTICE FOR NON-JAVASCRIPT CLIENT-SIDE SCRIPTING, APPLETS, BINARIES

You agree to add a notice in the SmallMap program, readable when rendered in a Web browser, to disclose to the end users any binary programs, applets, or non-JavaScript client-side scripts, such as but not limited to Active-X components, VB Script, JAVA applets, which you have added that will run within SmallMap from the end users' browsers. This is to alert the end users of potential security threats. This short statement must be placed at the bottom of the rendered SmallMap page, near the Web Publisher credit generated by the "drawCredit()" or similar functions, or nearby page location. Scripts which are tagged as JavaScript, or which are server-side scripts and CGIs are excluded from this requirement, and do not need to be flagged.

14. ADDING COPYRIGHT STATEMENTS

You are entitled to add copyright statements within your customized version of the Software file to claim the copyrights for any creative contents, images, data that originate from you, and the code improvements you have made.

15. WEB PUBLISHER COPYRIGHTS TO CREATIVE, IMAGE AND DATA CONTENTS

We explicitly disclaim any copyrights to any creative contents, map images and data, which originate from you or other rightful owners, which you have legally incorporated into the Software you have customized for your Website.

16. WEB PUBLISHER CONDUCT, CONTENTS AND LINKS

You are solely responsible for the creative, image, data contents available on your Website. You agree to comply with all applicable local, state, national and international laws and regulations regarding communications and use. You agree not to use the Software in a way that will infringe on any patent, copyrights, trademark, trade secret, or other intellectual and proprietary rights.

You agree not to use the Software for illegal purposes. You agree not to transmit or present through the Software any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation. You agree not to transmit any malicious computer codes or attempt to gain unauthorized access to other computer systems.

Your customized Software may provide links to other Websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, technology, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

You agree that when you link to any third-party Web sites and their contents, you will uphold their rights to earn advertising or other revenues, and will not present or frame their contents in such a way that will deprive them of the proper credits or such revenue sources of their design.

17. DISCLAIMER OF WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, TECHNICAL SUPPORT, OR CONDITIONS WHATSOEVER, AND THAT THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN MISSION-CRITICAL SITUATIONS OR HIGH-RISK ENVIRONMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE PRODUCT IS BORN BY YOU. SMALLMAP.COM AND ITS CONTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SMALLMAP.COM AND ITS CONTRIBUTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS.

18. LIMITATIONS AND DISCLAIMER OF LIABILITY

IN NO EVENT SHALL SMALLMAP.COM OR ITS CONTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER DAMAGES OR FAILURE, LOSS OF PRIVACY OR OTHER, ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REGARDLESS OF THE FORM OF ACTION, SMALLMAP.COM' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT.

SMALLMAP.COM DISCLAIMS ALL LIABILITIES FOR ACTS OR MATERIAL PRESENTED BY ANY END USERS, WEB PUBLISHERS, AGENTS, DISTRIBUTORS, ADVERTISERS, AD-SERVING PARTNERS OR OTHERS AUTHORIZED OR UNAUTORIZED INDIVIDUALS.

19. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD SMALLMAP.COM, ITS CONTRIBUTORS, AFFILIATES, AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITIES, LOSSES, ACTIONS, DAMAGES, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SOFTWARE, YOUR VIOLATION OF ANY TERMS OR CONDITIONS OF THIS AGREEMENT, YOUR VIOLATION OF APPLICABLE LAWS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY.

20. PRIVACY STATEMENT

You acknowledge that the Software is designed for publicly viewable Websites. The Software is based on dynamic Hyper Text Marked-up Language, which is a highly transparent, text-based, programming platform. The Software's source code, initially named "index.htm", and data file, initially named "smallmap.js", are fully viewable in any text editor, and cannot be effectively scrambled, encrypted, or hidden from public view.

As such, any names and descriptive data you have published are fully downloadable and viewable by the public from the Web. Although this transparent nature may be valuable to commercial clients or members of your Website, it is solely your responsibility to protect and determine the appropriateness of publishing or protecting any individual, private, or confidential commercial data on your Website.

You acknowledge that we have no control over, do not endorse, and assume no responsibility for the contents, data, and images you upload onto your Website for use with the Software.

SmallMap.com strives to protect the security and privacy of the users of its products, and will strictly protect the security of any personal information, within the confines of the SmallMap.com domain. For registration purpose, SmallMap.com will only collect and retain the Web Publisher's URL and email addresses, and publish the URL on our registration page.

The SmallMap.com privacy statement found at http://smallmap.com/privacy.htm, is incorporated in this Agreement by reference.

21. CHANGES OF LICENSING TERMS

Any variation to the terms of this Agreement shall only be valid if made in writing by SmallMap.com.

SmallMap.com may modify the Agreement for new registrants from time to time. You are not affected by later versions of this Agreement and any modifications published after the date of your registration; you remain bound by the version of Agreement in effect on the day of registration. Previous Agreements will be viewable through links on the http://smallmap.com/terms.htm Web page.

If a new version of Agreement has been published between the day you started to try the Software by publishing it on your Website and the day you register the Software, you agree to be bound by the latest version of Agreement published before your registration date.

If you find a newer version of the Agreement more generous or suitable for your needs, you may re-register using the registration page, without further registration fee, to take advantage of the new Agreement, provided you accept the new Agreement in whole.

22. SEVERABILITY. In the event of invalidity of any provision of this Agreement, you agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

23. LEGAL COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all of your local rules regarding online conduct and acceptable Content. Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept the legal venue of choice by SmallMap.com.

24. TERMINATION

This Agreement will terminate automatically if you fail to comply with the limitations described above. On termination, you must withdraw all copies of the Software from publication on your Website.

There is no prior version of this licensing agreement.

Web SmallMap.com

Two Sample Websites

1. Sample Town - This is a fictitious town's directory and "map," a demonstration, and a template containing the latest SmallMap codes and scripts. To illustrate the capability to link to external map and direction Websites, we have input the addresses of actual public places under the Aquarium, Arboretum, and Museum categories. It uses single-grid, PNG-formatted, map images for zoomed-in view. Click for an alternative color scheme.

2. S2BJ - A real-life commercial area with a real map: Sungаi Duа and Bukit Jаmbul, Pеnаng, MaIаysiа. It makes use of 3-grid-by-3-grid GIF subdivided map images.

Promotions

Free: First 10 registrations

Recent News

Apr 30, 2005 (Press Release)