End User License Agreement

END USER LICENSE AGREEMENT FOR DIGITAL DELIUS KLASING-SPORTBOOTKARTEN

THIS IS AN END USER LICENSE AGREEMENT, WHICH IS A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU (THE “USER”) AND DELIUS KLASING VERLAG GMBH, WHOSE PRINCIPAL PLACE OF BUSINESS IS AT SIEKERWALL 21, 33602 BIELEFELD, GERMANY (“DKV”).

  1. ACCEPTANCE OF THIS END USER LICENSE AGREEMENT.
    1. THE USER MAY ONLY PURCHASE AND USE THE DKV PRODUCT DESCRIBED IN SECTION 2 UNDER THE CONDITION THAT THE USER ACCEPTS THE TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENSE AGREEMENT.
    2. THE USER WILL BE REQUESTED TO INDICATE ACCEPTANCE OF THESE TERMS AND CONDITIONS. BY CLICKING ON THE “I AGREE” BUTTON, THE USER CONFIRMS TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED ALL THE TERMS AND CONDITIONS OF THE END USER LICENSE AGREEMENT AND IS BOUND BY THEM.
    3. IN CASE THE USER DOES NOT AGREE, THE USER MUST CLICK THE “I DISAGREE” BUTTON AND THE PURCHASE WILL BE CANCELLED.
  2. GRANT OF LICENSE.
    1. DKV IS THE EXCLUSIVE OWNER OR THE LICENSOR OF HYDROGRAPHIC CHARTS, DATA AND CONTENT WHICH DKV CONVERTS TO ELECTRONIC FORMAT AND BASED ON THESE DATA AND SOURCES DEVELOPS INTO DIFFERENT DATA TYPES FOR THE RECREATIONAL BOATING OR OUTDOOR MARKET (THE “DKV PRODUCT”).
    2. DKV HEREBY GRANTS TO THE USER A REVOCABLE, NON-EXCLUSIVE, NON-TRANSFERABLE, PERPETUAL RIGHT TO USE THE DKV PRODUCT IN ACCORDANCE WITH THE TERMS OF THIS END USER LICENSE AGREEMENT. .
    3. DKV RESERVES ANY AND ALL RIGHTS WHICH IT MAY HAVE IN OR TO THE DKV PRODUCT AND WHICH ARE NOT EXPRESSLY GRANTED BY DKV TO THE USER UNDER THIS END USER LICENSE AGREEMENT. THE USER SHALL ONLY USE THE DKV PRODUCT SUBJECT TO THE RESTRICTIONS DESCRIBED IN THIS END USER LICENSE AGREEMENT.
    4. THE USER IS GRANTED A SINGLE USER LICENSE AND MAY INSTALL AND USE THE DKV PRODUCT ON ONLY ONE CHART PLOTTER.
  3. RESTRICTIONS.
    1. THE USER SHALL ONLY USE THE DKV PRODUCT STRICTLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT AND MAY NOT RENT, SELL, PUBLISH, MODIFY, LEASE AND/OR SUB-LICENSE THE DKV PRODUCT TO THIRD PARTIES; ALSO, THE USER MAY NOT REVERSE ENGINEER DECOMPILE, DISASSEMBLE OR OTHERWISE MODIFY THE DKV PRODUCT OR ATTEMPT TO DISCOVER THE SOURCE CODE OF THE DKV PRODUCT, EXCEPT AS SPECIFICALLY PERMITTED BY APPLICABLE COPYRIGHT LAW.
    2. THE USER MAY ASSIGN ITS RIGHTS UNDER THIS END USER LICENSE AGREEMENT ON A PERPETUAL BASIS IF THE ASSIGNEE AGREES IN WRITING TO THE TERMS OF THIS END USER LICENSE AGREEMENT TOWARDS DKV.
  4. PROPRIETARY RIGHTS.
    1. THE RIGHTS TO THE DKV PRODUCT ARE OWNED BY DKV AND ITS LICENSORS.
    2. THE DKV PRODUCT IS PROTECTED BY TRADE SECRET AND COPYRIGHT LAWS.
    3. THE USER WILL PROTECT DKV'S AND ITS LICENSOR’S RIGHTS IN THE DKV PRODUCT.
  5. DISCLAIMER OF WARRANTIES BY DKV.
    1. THE DKV PRODUCT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DKV FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR THE DKV PRODUCT. DKV DOES NOT WARRANT THAT THE DKV PRODUCT WILL BE ACCURATE, COMPLETE, OR ERROR FREE. EXCEPT IN RESPECT OF TERMS OR WARRANTIES THAT CANNOT BE LAWFULLY EXCLUDED, THE USER WILL NOT HOLD DKV LIABLE FOR, AND AGREES TO ASSUME ALL RESPONSIBILITY FOR, ANY FAILURE OF THE PRODUCT TO ACHIEVE THE USER’S INTENDED RESULTS, OR FOR ANY DAMAGE THAT RESULTS FROM THE USER DOWNLOADING, INSTALLING OR USING THE DKV PRODUCT.
    3. DKV MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OR THE ACCURACY OF THE INFORMATION CONTAINED IN THE PRODUCT AND OTHER INFORMATION PROVIDED TO THE USER BY DKV OR REGARDING THE USE, OR THE RESULTS OF USE, OF THE DKV PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE DKV PRODUCT. THE INFORMATION PROVIDED BY DKV COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. IN ADDITION, ALL NAVIGATION AIDS ARE SUBJECT TO INACCURACIES AND DISCREPANCIES. THE USER SHOULD NOT RELY ON THE DKV PRODUCT AS ITS SINGLE NAVIGATION AID. THE USER SHOULD OBTAIN NAVIGATION INFORMATION FROM ADDITIONAL SOURCES, AND CROSS-CHECK ALL INFORMATION FOR ANY INACCURACIES OR DISCREPANCIES WHEN MAKING ANY DETERMINATION REGARDING ITS VESSEL’S VITAL INFORMATION.
  6. WARRANTY BY THE USER
    1. THE USER WARRANTS THAT: (I) ALL INDIVIDUALS HAVING ACCESS TO THE DKV PRODUCT WILL ADHERE TO ALL TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT; (II) THE USER SHALL, AT THE USER'S OWN EXPENSE, PROMPTLY ENFORCE THE RESTRICTIONS IN THIS END USER LICENSE AGREEMENT AGAINST ANY PERSON WHO GAINS ACCESS TO THE DKV PRODUCT IN VIOLATION OF THE TERMS OF THIS END USER LICENSE AGREEMENT; (III) THE USER SHALL IMMEDIATELY NOTIFY DKV IN WRITING OF ANY MISUSE, MISAPPROPRIATION OR UNAUTHORIZED DISCLOSURE, DISPLAY OR COPYING OF THE DKV PRODUCT THAT MAY COME TO THE USER'S ATTENTION; AND (IV) THE PERSON ACCEPTING THE TERMS OF THIS END USER LICENSE AGREEMENT HAS  AUTHORITY TO BIND HIS OR HER ORGANIZATION AND ITS OTHER USERS WHO WILL GAIN ACCESS TO AND USE OF THE DKV PRODUCT TO EACH AND EVERY TERM, CONDITION AND OBLIGATION OF THIS END USER LICENSE AGREEMENT.
  7. LEGAL COMPLIANCE.
    1. THE USER AGREES TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, AND REQUIREMENTS OF THE COUNTRY IN WHICH THE USER IS RESIDENT AND/OR IS USING THE DKV PRODUCT.
    2. INTERNATIONAL SAFETY WARNINGS AND DISCLAIMERS. THE USER ACKNOWLEDGES AND AGREES THAT:
      1. NAUTICAL NAVIGATION IS AN INHERENTLY DANGEROUS ACT AND THAT THIS PRODUCT IS ONLY A NAVIGATIONAL AID AND NOT THE SOLE METHOD OF NAVIGATION;
      2. THE DKV PRODUCT IS PRODUCED WITH THE PERMISSION OF REGIONAL HYDROGRAPHIC OFFICES SUCH AS UK HYDROGRAPHIC OFFICE, ROYAL NETHERLANDS NAVY HYDROGRAPHIC SERVICE, DANISH GEODATA AGENCY AND GERMAN HYDROGRAPHIC OFFICE (BUNDESAMT FÜR SEESCHIFFFAHRT UND HYDROGRAPHIE, BSH). WARNING: NO NATIONAL HYDROGRAPHIC OFFICE OF ANY COUNTRY HAS VERIFIED THE INFORMATION IN THE DKV PRODUCT AND NONE ACCEPTS RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY REPRODUCTION OR ANY MODIFICATION MADE THEREAFTER.
      3. NO WARRANTY IS GIVEN THAT THE DKV PRODUCT COMPLIES WITH REGULATIONS REGARDING THE USE OF APPROPRIATE PRODUCTS FOR NAVIGATION. DELIUS KLASING & CO. KG AND DELIUS KLASING VERLAG GMBH TAKES ON NO RESPONSIBILITY FOR THE CORRECTNESS OF THE INFORMATION IN THE CHARTS.
      4. THE USER HAS TO CONSULT OFFICIAL AND UPDATED NAUTICAL CHARTS PRODUCED BY EACH COUNTRY THROUGH WHICH THE USER TRANSVERSES FOR PURPOSES OF NAVIGATION.
  8. LIMITATION OF LIABILITY.
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DKV OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITING THE FOREGOING, DAMAGES FOR LOST 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 DKV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DKV'S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED THE LICENSE FEES PAID FOR USE OF THE PRODUCT.
  9. TERM AND TERMINATION.
    1. THE LICENSE BECOMES EFFECTIVE AS THE USER ACCEPTS THIS END USER LICENSE AGREEMENT AND SHALL RUN UNTIL TERMINATED IN ACCORDANCE WITH THIS SECTION 9.
    2. THE USER MAY TERMINATE THIS END USER LICENSE AGREEMENT AT ANY TIME.
    3. DKV MAY IMMEDIATELY TERMINATE THIS END USER LICENSE AGREEMENT IF THE USER HAS FAILED TO COMPLY WITH ANY OF THE TERMS OF THIS END USER LICENSE AGREEMENT OR IS IN BREACH WITH THIS END USER LICENSE AGREEMENT.
    4. ON TERMINATION, THE USER WILL IMMEDIATELY RETURN TO DKV THE ORIGINAL AND ALL COPIES OF THE DKV PRODUCT AND UNINSTALL AND DELETE ALL COPIES FROM THE USER'S COMPUTERS.
    5. THE PROVISIONS OF THIS END USER LICENSE AGREEMENT SHALL SURVIVE TERMINATION OF THIS END USER LICENSE AGREEMENT.
  10. MISCELLANEOUS.
    1. THE USER SHALL PAY ALL FREIGHT, TRANSPORTATION, INSURANCE, MEDIA-RELATED COSTS AND TAXES AND OTHER GOVERNMENTAL CHARGES OF ANY KIND (EXCEPT BASED ON DKV'S INCOME), WHICH ARISE IN CONNECTION WITH THE USER LICENSING OF THE DKV PRODUCT.
    2. DKV SHALL BE NEITHER IN DEFAULT NOR LIABLE FOR ANY FAILURE IN PERFORMANCE OR LOSS OR DAMAGE UNDER THIS END USER LICENSE AGREEMENT DUE TO ANY CAUSE BEYOND ITS CONTROL. THIS END USER LICENSE AGREEMENT SHALL INURE TO THE BENEFIT OF DKV AND ITS SUCCESSORS, ADMINISTRATORS, HEIRS AND ASSIGNS.
    3. THE USER AGREES THAT THIS END USER LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN DKV AND THE USER AND SUPERSEDES ANY PROPOSALS, REPRESENTATIONS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN DKV AND THE USER RELATING TO THE SUBJECT MATTER OF THIS END USER LICENSE AGREEMENT.
    4. THIS END USER LICENSE AGREEMENT SHALL BE GOVERNED BY THE LAWS OF GERMANY, BUT NOT INCLUDING THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ANY ACTION UNDER THIS END USER LICENSE AGREEMENT SHALL BE IN BIELEFELD, GERMANY. THE USER CONSENTS TO THE PERSONAL JURISDICTION OF THE COURTS OF SUCH VENUE.

 

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