This License Agreement (the “Agreement”) is between you (the user) and Nautical Publications GmbH (“Licensor”). The product described in Section 1 is offered to you conditioned on your acceptance of the terms and conditions contained in this Agreement. You will be requested at the end of this Agreement to indicate your acceptance of these terms and conditions. By clicking on the “I Agree” button, you will have accepted and agreed to be bound by these terms and conditions. IF YOU DO NOT AGREE, CLICK THE "I DISAGREE" BUTTON AND YOUR PRUCHASE WIL BE CANCELLED.
1. Grant of License.
1.1 Licensor hereby grants to you a non-exclusive, non-transferable (except as permitted below), perpetual right to use Licensor’s and its suppliers’ computer software, data associated media, and electronic documentation (collectively, the “Product”) as transmitted in electronic format from Charts.Raymarine.com.com, under license from Licensor. Your license is subject to the terms and conditions of this Agreement and subject to timely payment of applicable license fees and other charges.
1.2 You shall only use the Products subject to the restrictions described herein. Licensor expressly reserves any and all rights which it may have in or to the Product and which are not expressly licensed by Licensor to you under this Agreement.
1.3 You may install and use a copy of the Product on any two Charts.Raymarine.com supported software products.
2. Restrictions. Except as specifically permitted herein, you may not: network, rent, sell, publish, loan, modify, sub-license or lease the Product to others; or reverse engineer, reverse translate, decompile, disassemble or in any manner decode the Product or attempt to discover the source code of the Product, except as otherwise permitted by law. You may assign your rights under this Agreement on a permanent basis provided the assignee agrees in writing to the terms of this Agreement.
3. Product Registration. Certain features of the Product, including but not limited to technical support and software updates, require that the Product be registered to you.
4. Termination. You may terminate this Agreement at any time. Licensor may immediately terminate this Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this Agreement. On termination, you will immediately return to Licensor the original and all copies of the Product and erase all copies from your computers. The provisions of Sections 2, 4, 5, 7-14 of this Agreement shall survive termination of this Agreement.
5. Proprietary Rights and Confidentiality. The Product is solely owned by Licensor and its suppliers, and it is protected by trade secret, copyright and patent laws. You will take all steps necessary to protect Licensor's and its suppliers’ proprietary rights in the Product, including, but not limited to, the proper display of copyright, trademark, and other proprietary notices on any versions or copies in any form of the Product, including copies stored on diskettes, hard drives or other media. You will, at your own cost and expense, protect and defend Licensor's ownership of the Product against all claims, liens and legal processes of your creditors and will keep the Product free and clear of all such claims, liens and processes.
6. Support and Updates. Technical support is available to registered users of the Product at no charge for one year after the date of purchase of the license to the Product. Updates to the Product will be provided as described on Licensor’s web site (www.cyc-charts.com and/or www.nv-verlag.de). Any updates to the Product shall be deemed to be part of the Product and shall be governed by the terms and conditions of this Agreement.
7. Disclaimer of Warranties by Licensor and Warranty From You.
7.1 THE PRODUCT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. LICENSOR FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR THE PRODUCT. LICENSOR MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OR THE ACCURACY OF THE INFORMATION CONTAINED IN THE PRODUCT AND OTHER INFORMATION PROVIDED TO YOU BY LICENSOR OR REGARDING THE USE, OR THE RESULTS OF USE, OF THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT. THE INFORMATION PROVIDED BY LICENSOR COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
7.2 You warrant that: (i) all individuals having access to the Product will adhere to all the terms and conditions of this Agreement; (ii) you shall, at your own expense, promptly enforce the restrictions in this Agreement against any person who gains access to the Product in violation of the terms; (iii) you shall immediately notify Licensor in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Product that may come to your attention; and (iv) the person accepting the terms of this Agreement has actual authority to bind his or her organization and its other users who will gain access to and use of the Product to each and every term, condition and obligation to this Agreement.
8. International Navigational Requirements and Safety Warnings.
8.1 Legal Compliance. You agree to comply with all laws, regulations, and requirements of the Country in which you are using the Products.
8.2 International Safety Warnings and Disclaimers. YOU ACKNOWLEDGE AND AGREE THAT:
8.2.1 NAUTICAL NAVIGATION IS AN INHERENTLY DANGEROUS ACT AND THAT THIS PRODUCT IS ONLY A NAVIGATIONAL AID AND NOT THE SOLE METHOD OF NAVIGATION;
8.2.2 NO NATIONAL HYDROGRAPHIC OFFICE OF ANY COUNTRY HAS VERIFIED THE DATA OR INFORMATION IN THIS PRODUCT, INCLUDING BUT NOT LIMITED TO NAUTICAL CHARTS, MAPS, OR OTHER IMAGES (IN DIGITAL OR PHYSICAL FORM), AND NO SUCH OFFICE WILL ACCEPT RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY REPRODUCTION OR ANY MODIFICATION MADE TO THE DATA OR INFORMATION PRODUCED BY THE PRODUCT;
8.2.3 NO NATIONAL HYDROGRAPHIC OFFICE WARRANTS THAT THIS PRODUCT SATISFIES NATIONAL OR INTERNATIONAL REGULATIONS REGARDING THE USE OF THE APPROPRIATE PRODUCTS FOR NAVIGATION; AND
8.2.4 YOU SHALL CONSULT OFFICIAL, UPDATED NAUTICAL CHARTS WHICH ARE ISSUED BY EACH COUNTRY THROUGH WHICH YOU TRANSVERSE FOR PURPOSES OF NAVIGATION. SUCH COUNTRIES INCLUDE BUT ARE NOT LIMITED TO THE UNITED STATES, THE UNITED KINGDOM, CANADA, AUSTRALIA, DENMARK, ESTONIA, FINLAND, FRANCE, GERMANY, GREECE, ITALY, NETHERLANDS, NORWAY, SPAIN, AND SWEDEN.
9. Indemnification. You agree to indemnify, defend and hold harmless Licensor and its suppliers from and against any and all claims, costs, liabilities, damages and expense (including, but not limited to reasonable attorneys fees and legal costs), including claims by third parties, which Licensor may incur as result of your breach of any of the terms and conditions of this Agreement and/or use of the Product.
10. Limitation of Liability.
10.1 IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING THE FOREGOING, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR FOR ANY CAUSE OF ACTION, INCLUDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 ANY DAMAGES THAT LICENSOR IS REQUIRED TO PAY FOR ANY PURPOSE WHATSOEVER IN THE AGGREGATE SHALL BE LIMITED TO THE LICENSE FEES PAID FOR USE OF THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU UNDER THE LAWS OF THOSE STATES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF ANY TRANSACTION UNDER THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER YOU HAVE KNOWLEDGE OF THE OCCURRENCE WHICH GIVES RISE TO THE CAUSE OF SUCH ACTION. The parties to this Agreement have each agreed to the fees and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties and damages set forth in this Agreement, that the same form an essential basis of the bargain between the parties, and that they shall not be removed, even in the event of the failure of an essential purpose of a remedy.
11. Injunctive Relief. Because of the unique nature of the Product, you understand and agree that Licensor will suffer irreparable injury in the event you fail to comply with any of the terms of this Agreement and that monetary damages may be inadequate to compensate Licensor for such breach. Accordingly, you agree that Licensor will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this Agreement.
12. Miscellaneous. You shall also pay all freight, transportation, insurance, media-related costs and taxes and other governmental charges, however characterized (except based on Licensor's income), in connection with your licensing of the Product. Licensor shall be neither in default nor liable for any failure in performance or loss or damage under this Agreement due to any cause beyond its control. This Agreement shall inure to the benefit of Licensor and its successors, administrators, heirs and assigns.
13. Acknowledgment of Understanding - Entire Agreement. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the agreement between Licensor and you and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between Licensor and you relating to the subject matter of this Agreement. This Agreement may not be amended, except by an agreement in writing which is signed by authorized representatives of Licensor and you.
14. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. Exclusive venue for any action under this Agreement shall be in King County, State of Washington. You consent to the personal jurisdiction of the courts of such venue.
15. Questions. Questions regarding the above document may be sent via email to email@example.com.