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Terms and Conditions (EULA)

[ENTITY NAME] DATA LICENSE AGREEMENT

PLEASE READ THIS ENTIRE DATA LICENSE AGREEMENT ("AGREEMENT") CAREFULLY IN ITS ENTIRETY BEFORE DOWNLOADING, INSTALLING, ACCESSING AND USING THIS DATA. THIS AGREEMENT IS LEGALLY BINDING UPON YOU ("YOU") AND [ENTITY NAME] WHO ENTERS INTO THIS AGREEMENT ON BEHALF OF ITSELF AND IT'S [ENTITY NAME] AFFILIATES WHEREVER LOCATED (HEREINAFTER COLLECTIVELY REFERRED TO AS "[ENTITY NAME]"). BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THIS DATA, YOU ARE AGREEING TO EACH TERM OF THIS AGREEMENT INCLUDING THE RESTRICTIONS ON USE, LIMITED WARRANTY AND DISCLAIMER, AMONG OTHER THINGS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON THEIR BEHALF.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PROMPTLY RETURN THE DATA AND ACCOMPANYING MATERIALS TO THE PLACE WHERE YOU PURCHASED IT. ALL DATA SALES ARE NON-REFUNDABLE ONCE YOU HAVE ACCEPTED THIS AGREEMENT AND USED THE DATA.

AS A PARTY TO THIS AGREEMENT, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

All (a) data including but not limited to, digital charts and any other supplemental information whether intended to aid navigation or not, and any updates thereof supplied to You by [ENTITY NAME] under this Agreement shall be subject to the terms and conditions of this Agreement. The terms and conditions set out in this Agreement supersede all other documents concerning the Data, Materials and Services, including previous versions of this Agreement.

  1. OWNERSHIP AND COPYRIGHT. [ENTITY NAME] and/or its third-party licensors shall retain all rights, title and interest in the copyrights, database rights and other neighboring rights, patents, trade secrets, trademarks, service marks, design rights, proprietary information rights and other intellectual property rights as may exist anywhere in the world in the Data. The Data and certain Materials may be protected by copyright, database rights and other neighboring rights. To the maximum extent permitted by applicable law, such protected works may not be copied, reproduced, translated, modified, adapted, reversed-engineered, decompiled, stored in a retrieval system, or retransmitted in whole or in part, in any form or by any means. This Agreement does not grant you any rights in connection with any trademarks or service marks of [ENTITY NAME]. All rights not expressly granted are reserved by [ENTITY NAME] and/or its authorized third-party licensors.
  2. LICENSE. [REWRITE — see warning above. Source clause describes vessel/ECDIS multi-screen networking licensing, NOT the 2-device-per-license annual subscription model MarineENC actually uses.] Replace with: the chart license is sold as an annual subscription and may be activated on up to two (2) devices per license.
  3. RESTRICTIONS ON USE. THE DATA AND OTHER THINGS PROVIDED HEREUNDER ARE FOR PRIVATE USE ONLY AND NOT FOR COMMERCIAL USE. Except (i) as otherwise expressly authorized herein or (ii) as expressly allowed by mandatory applicable law, or (iii) for the initial loading and other operations necessary for legal utilization of the Data, You may NOT (a) copy, duplicate, reproduce or publish the Data or the Materials or any of their contents; (b) electronically transfer the Data or the contents of the Materials to multiple computers for concurrent use over a network; (c) distribute, sell, or otherwise transfer copies of the Data or the Materials to others by any means whatsoever; (d) in whole or in part change, modify, adapt, translate, reverse engineer, disassemble or decompile the Data or the Materials or create derivative works based on the Data or the Materials; (e) assign, rent, exchange, lend, lease or sublease the Data or the Materials or any copies thereof; (f) bundle, re-package, or include the Data or the Materials with any software in any way; or (g) remove or obscure any [ENTITY NAME] or other third party copyright or trademark notices. Any unauthorized reproduction, use, or transfer of the Data or the Materials may be a crime and may subject You to damages and attorneys' fees. You agree to use reasonable efforts to protect the Data and Materials from unauthorized use, reproduction, distribution or publication.
  4. TERMINATION. Without prejudice to any other rights governed by this Agreement, the license to use the Data and the Materials and any right to receive Services granted under this Agreement will automatically terminate if you fail to comply with any of the use restrictions provided in Section 3 of this Agreement or if you fail to comply with any mandatory law applicable to Your use of the Data. Additionally, [ENTITY NAME] may terminate this Agreement immediately and without prior notice to you if you breach any term or condition of this Agreement. In such event, you will not be entitled to reimbursement of any fees already paid to [ENTITY NAME], but You will be liable for payment of any amounts due to [ENTITY NAME]. If this Agreement is terminated for any reason, you must destroy the Data and Materials (and any copies thereof) in your possession and certify to [ENTITY NAME] that they have been destroyed.
  5. WARNINGS. [REVIEW — written for professional/vessel navigation; tone may need softening for a recreational/consumer audience, but the core safety disclaimer is worth keeping.] NAUTICAL NAVIGATION IS AN INHERENTLY DANGEROUS ACTIVITY AND SHOULD ONLY BE ENGAGED IN BY PERSONS WITH ADEQUATE TRAINING AND EXPERIENCE. ONLY UP-TO-DATE OFFICIAL GOVERNMENT CHARTS AND NOTICES TO MARINERS CONTAIN ALL INFORMATION NEEDED FOR THE SAFETY OF NAVIGATION. UNLESS OTHERWISE SPECIFIED BY NATIONAL MARITIME AUTHORITIES, THE DATA LICENSED HEREUNDER IS INADEQUATE AS A PRIMARY MEANS OF NAVIGATION, AND SHOULD BE USED ONLY AS A SUPPLEMENT TO OFFICIAL GOVERNMENT CHARTS AND TRADITIONAL NAVIGATION METHODS. NEW CHARTS OR NOTICE TO MARINERS CORRECTIONS WILL RENDER THE DATA OBSOLETE AND INACCURATE. THE DATA MAY NOT CONTAIN ALL NAUTICAL NAVIGATION DATA EXISTING WORLDWIDE AND YOU SHOULD MAKE NO ASSUMPTION OTHERWISE. THE DATA IS DERIVED, IN PART, FROM MATERIAL PROVIDED WITH THE PERMISSION OF VARIOUS NATIONAL HYDROGRAPHIC OFFICES AND OTHER THIRD PARTY SOURCES (THE "LICENSORS"). [ENTITY NAME] IS AN AUTHORISED USER AND LICENSEE OF SELECTED DATA PRODUCTS UNDER SEPARATE AGREEMENTS WITH THE LICENSORS. ALL RIGHTS ARE RESERVED BY THE RESPECTIVE LICENSORS AND COPYRIGHT RESTRICTIONS APPLY. [ENTITY NAME] MAY UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR DEFECTS DUE TO INCORRECT OR MISSING INFORMATION FROM THESE HYDROGRAPHIC OFFICES OR OTHER THIRD PARTY SOURCES. NO LICENSOR HAS VERIFIED THE DATA AND NO LICENSOR ACCEPTS ANY LIABILITY FOR THE ACCURACY OF REPRODUCTION OR FOR ANY MODIFICATIONS THAT MAY HAVE BEEN MADE TO THE INFORMATION SUPPLIED.
  6. LIMITED WARRANTY AND DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE DATA IS OF A GENERAL NATURE, AND THAT IT MAY NOT BE DESIGNED FOR, ADEQUATE TO, OR CONFORM TO YOUR SPECIFIC NEEDS AND/OR PURPOSES. ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE DATA AND MATERIALS ARE HEREBY DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, VALIDITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, CONFORMITY WITH GOVERNMENT STANDARDS OR REGULATIONS, OR NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF THIS TYPE, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  7. LIMITATION OF LIABILITY. IN NO EVENT SHALL [ENTITY NAME] OR ITS THIRD PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE, PROFIT, OR DATA; OR BUSINESS INTERRUPTION) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE DATA, MATERIALS OR SERVICES PROVIDED HEREUNDER, EVEN IF [ENTITY NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, [ENTITY NAME]'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE DATA DURING THE LATEST TWELVE (12) CALENDAR MONTHS, OR, IF YOU DID NOT PAY FOR THE DATA, FIFTY DOLLARS ($50).
  8. INDEMNIFICATION. To the maximum extent permitted by applicable law, You will indemnify and hold harmless [ENTITY NAME] and its third party licensors from and against all claims and liabilities (including claims by third parties), and costs and expenses (including attorneys' fees), for injury to or death of any person or persons, or for loss of or damage to any property, arising out of Your use of the Data provided hereunder. Your obligations under this indemnity will survive the termination of this Agreement.
  9. EXPORT COMPLIANCE. You shall be responsible for Your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the governments of Canada and, if applicable, other countries. [CONFIRM jurisdiction — copied as Canada to match SiitechMarine; verify this is correct for the operating entity.]
  10. ASSIGNMENT. [ENTITY NAME] may assign and transfer all its rights and obligations under the Agreement to any third party.
  11. GOVERNING LAW AND ARBITRATION. [CONFIRM jurisdiction — copied as Canada/British Columbia to match SiitechMarine.] This Agreement shall be governed by and construed in accordance with the laws of Canada, without regard to its conflicts of laws provisions. Any dispute shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of arbitration shall be British Columbia, Canada. The language of arbitration shall be English.
  12. AMENDMENTS. [ENTITY NAME] reserves the right to change or modify any of the terms and conditions of this Agreement at any time without notice to You. Any changes or modifications will be effective on the date made, and will be provided to You with the next Data update for Your acceptance prior to downloading, installing, accessing or using the updated Data.
  13. GENERAL. Failure or neglect by either party to enforce at any time any of the provisions of this Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement.

If you have any questions concerning this Agreement, you should contact us through our contact page.

If any provision of this Agreement is held to be void, invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable.