1. GRANT OF LICENSE. RAYMARINE hereby grants to you a revocable, limited, nonexclusive, personal, non-transferable license to download, install and use the CHARTS solely in connection with your use of Raymarine Multifunction Display or other supporting PC or mobile Software. No other right, title or license is granted hereunder.
2. PERMITTED USE/LICENSE. You acknowledge that this Agreement gives you limited rights to use the CHARTS subject to the terms and conditions set forth herein and applicable law. You may not, under any circumstances: (i) work around or circumvent any technical limitations in the CHARTS; (ii) modify, adapt, translate, reverse-engineer, decompile, disassemble, attempt to derive the source code of, or prepare derivative works of the CHARTS, except and only to the extent that applicable law expressly permits; (iii) publish the CHARTS, either on a network or otherwise, for others to copy or download; (iv) rent, lease, sublicense, or lend the CHARTS; (iv) transfer or permit the use of the CHARTS to any third party; or (v) remove any proprietary notices or labels on the CHARTS. The CHARTS are intended to be used in their electronic form only and are intended for navigational use. They may NOT be used to meet federal chart carriage regulations published in the Code of Federal Regulations.
3. OWNERSHIP OF DATA and COPIES. All right, title and interest in the CHARTS, including any updates or revisions thereto, if applicable, shall remain the sole and exclusive property of RAYMARINE, its licensors, and their successors and assigns. Other than the limited license explicitly set forth in this Agreement, no interest in or rights or licenses to the CHARTS are granted to you, and no interest in or rights or licenses to the CHARTS shall inure in or accrue to you, whether by implication, estoppel or otherwise. You are permitted to make one copy of the CHARTS for onboard use and one for back-up and/or archival purposes; however, you must reproduce on the copy all copyright, proprietary information notices, or other notices appearing on the CHARTS. If you discover any unauthorized use by any third-party of the CHARTS, you agree to inform RAYMARINE promptly in writing of all such discoveries.
4. TERM AND TERMINATION. This Agreement shall commence at the time you download, install and/or use the CHARTS and shall continue until terminated by RAYMARINE hereunder.
(a) Termination. RAYMARINE may terminate this Agreement immediately and without prior notice to you if you breach any term or condition of this Agreement.
(b) Effect of Termination. If this Agreement is terminated for any reason, you must destroy the original and any copy of the CHARTS in your possession and certify to RAYMARINE that they have been destroyed. Except as otherwise provided for herein, any provisions of this Agreement that by their sense and context are intended to survive the termination of this Agreement shall survive such termination. Any cause of action that RAYMARINE may have against you for breach of this Agreement before the date of termination shall survive such termination.
5. SOURCE DATA. The CHARTS are generated from various sources. While RAYMARINE has accuracy standards for each step in the data collection and chart production process, the depth information and navigation aid data is based on surveys conducted by various sources and in many cases may be as old as 20 years. Depth information accuracy and position accuracy of navigation aids can vary greatly due to tidal activity, ocean currents and severe weather events. RAYMARINE will endeavor to provide updates to the CHARTS. Updates to CHARTS may or may not incur a charge for such updates. The timing of their availability is not guaranteed. You are responsible for ensuring that your CHARTS are the most current edition and that the most recent updates have been applied, if any.
6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CHARTS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHARTS IS PROVIDED BY RAYMARINE “AS IS” IN ITS CURRENT CONDITION AND WITHOUT ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND OR IN ANY WAY RELATED TO SUPPORT, INDEMNITY, ERROR FREE OR UNINTERRUPTED OPERATION, OR THAT THE CHARTS ARE UPDATED AND CURRENT AND FREE FROM DEFECTS OR VIRUSES. ALL REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, VALIDITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, 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. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAYMARINE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED TO THE CHARTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. RAYMARINE’S ENTIRE AND AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO LICENSE THE CHARTS. IF YOU DID NOT PAY TO LICENSE THE CHARTS, RAYMARINE’S ENTIRE AND AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED TEN DOLLARS (US $10). YOU ACCEPT THIS ALLOCATION OF RISK AND AGREE TO RELEASE RAYMARINE FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS IN EXCESS OF RAYMARINE’S ENTIRE AND AGGREGATE LIABILITY SET FORTH HEREIN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
8. INDEMNITY. You agree to defend, indemnify, and hold harmless RAYMARINE, its affiliated companies, licensors, successors and assigns, and each of their respective employees, officers, directors, contractors, and agents, for, from and against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses of any kind or nature (including legal costs and attorneys’ fees) arising from or relating to: (i) your breach or violation of this Agreement; (ii) any infringement, misappropriation or violation by you of the rights of any third party; (iii) your violation of or non-compliance with any applicable law, rule or regulation; and (iv) your use, alteration or export of the CHARTS (or any component thereof) in violation of this Agreement. RAYMARINE will have the right to immediately assume sole responsibility and control over the defense of any lawsuit or proceeding and you acknowledge and agree that RAYMARINE’s exercise of such responsibility and control shall not relieve you of your obligation to pay for the defense of such lawsuit or proceeding or any resulting damages.
9. GOVERNING LAW; VENUE. This Agreement shall be governed and construed under the laws of the United Kingdom, without regard to its conflicts-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed. You further acknowledge and agree that any legal action brought by either party to interpret, enforce or defend the terms of this Agreement shall be litigated in the courts or before other judicial bodies located in the United Kingdom.
10. EXPORT. The CHARTS may not be used, released, transferred, imported, exported and/or re-exported in any manner prohibited under any applicable laws, including U.S. export control laws regarding specifically designated persons, countries and nationals of countries subject to national security controls.
11. MAINTENANCE AND SUPPORT. You acknowledge and agree that RAYMARINE has no obligation whatsoever to furnish any maintenance or support services with respect to the CHARTS. RAYMARINE may provide maintenance and support services in the form of telephone assistance, corrections, updates, upgrades, bug fixes and/or enhancements to the CHARTS in its sole discretion, but you acknowledge and agree that you are not entitled to such maintenance and support services.
12. CHANGES TO THE AGREEMENT. RAYMARINE may make changes to this Agreement, at any time in its sole discretion, by notifying you of the change. RAYMARINE may provide notice to you via email, if you have provided RAYMARINE with a valid email address, or by posting the modified version of the Agreement on a web page designated by RAYMARINE for this purpose. By using the CHARTS after you have been notified of changes to this Agreement, you signify that you agree to be bound by and comply with the Agreement as modified.
13. SEVERABILITY. The terms and conditions set forth in this Agreement are severable. If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable, the remainder of this Agreement will be valid and enforceable.
14. NO THIRD-PARTY BENEFICIARIES. The parties do not intend to confer any right or remedy on any third-party.
15. ENTIRE AGREEMENT; WAIVER. This Agreement forms the entire agreement regarding the subject matter set forth herein. This Agreement does not affect any ownership, rights, title, or interest in, or relating to, the CHARTS. No term of this Agreement can be modified or waived, and no breach of this Agreement can be excused, unless done so in a writing signed by all affected parties.
16. INJUNCTIVE RELIEF. You agree that your breach or threatened breach of this Agreement will cause RAYMARINE irreparable harm for which recovery of money damages would be inadequate. Accordingly, RAYMARINE may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or equity.
17. INTELLECTUAL PROPERTY. Subject to the limited rights set forth in this Agreement, Raymarine retains all rights, title and interest in and to any intellectual property associated with the CHARTS, including but not limited to inventions, whether patented or not, trademarks, copyrights, and trade secrets. Raymarine and Lighthouse are trademarks of Raymarine Ltd.
By using this website and the NOAA Raster Navigational Charts (NOAA ENCs) distributed here, you acknowledge that you have read, understood, and accepted the terms and conditions stated in this User Agreement. NOAA reserves the right to change this Agreement at any time and without notice. Your use of this website and/or the Raster Navigational Charts available here shall constitute your agreement to be bound by this Agreement and any changes.
1. Description of NOAA Raster Navigational Charts (NOAA ENCs)
The NOAA ENCs distributed here are geo-referenced, full-color images of NOAA's paper nautical charts, published by NOAA in the .BSB format. NOAA updates the ENCs for Notices to Mariners on a weekly basis. They are an official product of NOAA, and meet the S-61 Standard, "Raster Navigational Charts", of the International Hydrographic Organization.
2. Permitted Use
NOAA ENCs are intended to be used in their electronic form only. You may download, use, and redistribute them without restriction, and without payment to NOAA, except as noted herein. The NOAA ENCs are intended for navigational use. They may be used to meet federal chart carriage regulations published in the Code of Federal Regulations. On November 15, 2005, the regulations were as stated below. These regulations may change, and mariners are advised to check the Code of Federal Regulations for their current status.
1) In December 1998, the International Maritime Organization's Maritime Safety Committee approved amendments to Resolution A.817(19) stating that some ECDIS equipment may operate in Raster Chart Display System (RCDS) mode when the relevant chart information is not available in vector mode (e.g., NOAA ENC). The amendments state that when used in RCDS mode, ECDIS equipment should be used together with an appropriate folio of up-to-date paper charts to meet chart carriage requirements.
2) On May 2, 2001, the United States Coast Guard amended the United States chart carriage regulations to permit government vessels to use electronic charting and navigation systems in lieu of paper charts.
3) On August 15, 2002, the United States Coast Guard issued a statement of policy to bring its regulations into agreement with SOLAS Chapter V (as amended by the changes taking effect July 1, 2002). The policy statement said that, if a ship has an approved ECDIS installed according to SOLAS, Chapter V, the ECDIS will be considered as meeting the ship's nautical chart carriage regulations. The ships that are affected are:
a. U.S.-flagged ships of 150 or more gross tons that engage on international voyages.
b. U.S.-flagged ships certificated solely for service on the Great Lakes and the St. Lawrence River.
c. Foreign-flag ships to which SOLAS, Chapter V, applies that are operating on the navigable waters of the United States. This policy is not applicable to U.S.-flag ships engaged only on domestic voyages. These ships must continue to comply with existing navigation equipment requirements until the chart carriage regulations are formally amended.
3. Limitations on Use
NOAA ENCs may be redistributed, but redistributed NOAA ENCs are NOT considered official NOAA ENCs, and do not meet federal chart carriage regulations for regulated vessels. This official status attends only to the original downloaded files. NOAA ENCs and their geoTIF versions (future) may not be used to print commercial products. Individuals may print the NOAA ENCs or their geoTIF versions for personal use, but the result is not a NOAA chart, and may not be used to meet federal chart carriage regulations. Copying of the NOAA ENCs to any other server or location for further distribution is discouraged unless the following guidelines are followed:
1) this User Agreement is displayed and accepted by anyone accessing the NOAA ENCs, and
2) a reference to this Web site is included so that anyone accessing the NOAA ENCs is advised of their origin. If these NOAA ENCs are incorporated into any other product in a form other than as provided by NOAA, the producer of that product assumes full liability and must adhere to conditions described in the paragraph above concerning copying.
Weekly updates to the ENCs are done on a "best efforts" basis. The timing of their availability is not guaranteed. You are responsible for ensuring that your ENCs are the most current edition and that the most recent updates have been applied. NOAA ENCs were made by scanning the NOAA paper chart printing materials. Any inaccuracies due to old methods of collecting, processing and displaying data on the paper chart were transferred to the ENCs. As a result, the accuracy of modern positioning systems such as GPS may exceed the positional accuracy of the ENC. The impact of positioning accuracies can be minimized by not zooming an ENC beyond the scale of the original NOAA chart. While NOAA has accuracy standards for each step in the data collection and chart production process, much of the depth information found on NOAA charts is based on surveys conducted before 1940, the shoreline is more than 20 years old, and paper charts used to be compiled manually.
5. Trademarks and Copyright
"NOAA" and the NOAA emblem are registered trademarks of the National Oceanic and Atmospheric Administration. NOAA ENC is a trademark of the National Oceanic and Atmospheric Administration.