The following terms are in
addition to the standard X-Traverse
Terms of Service. These
Navionics charts are:
- compatible only
with the latest versions of Fugawi
Marine ENC or Geonav
MapMaster software for PC or MacENC
Ver. 7 software for Mac OS X;
- available for activation
and use on two computers which you own;
- downloaded directly
to your computer via the internet; and
- available for re-download
to the computer on which they were first activated for up to 2-years, provided
your X-Traverse Data Account remains active.
By purchasing or using these charts, you also agree that you
have read and understand the following NAVIONICS END USER LICENSE AGREEMENT:
PLEASE READ
THIS NAVIONICS END USER LICENSE AGREEMENT (“LICENSE”) CAREFULLY
BEFORE PURCHASING THE NAVIONICS DIGITAL CHARTS AND OR DATA (“PRODUCTS”).
BY ACCEPTING THIS AGREEMENT, YOU ARE BOUND BY THE TERMS OF THIS LICENSE. IF
YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT PURCHASE OR USE THE PRODUCTS
AND CLICK “I DISAGREE”.
1. General.
The data, documentation and any fonts accompanying this license whether on disk,
in read only memory, on any other media or in any other form are licensed, not
sold , to you by Navionics SpA (Navionics) for use only under the terms of this
license, and Navionics reserves all rights not expressly granted to you. The
rights granted herein are limited to Navionics and its licensors’ intellectual
property rights in the Navionics Data and do not include any other patents or
intellectual property rights. You own the media to which the Navionics Data
is recorded but Navionics and/or Navionics’ licensor(s) retains ownership
of the Navionics Data itself. The terms of this License will govern any Navionics
Data upgrades provided by Navionics that replace and/or supplement the original
Navionics Data product, unless such upgrade is accompanied by separate license
in which case the terms of that License will govern. By using this data you
agree to the latest Navionics Sales and Service Policy and the Navionics Privacy
Policy which may be found on the Navionics website at www.navionics.com.
2. Personal
Use Only. You agree to use the Navionics Data solely for personal, non-commercial
purposes only.
3. Permitted
License Uses and Restrictions. This License allows you to install and use the
Navionics Products. You may not make the Navionics Data available over a network
where it could be used by multiple computers at the same time. You may make
one copy of the Navionics Data in machine-readable format for backup purposes
only; provided that the backup copy must include all copyright or other proprietary
notices contained on the original. Navionics Products are for personal use,
on only two central processing units or personal electronic devices which you
own at any one time, and may not be shared in any networked Internet or Intranet
environment.
The term
of license for Navionics Products is for the life of the mobile device. If the
mobile device used as the viewing or storage medium is stolen, lost or otherwise
transferred, sold or donated to a third party, Navionics has no obligation to
supply a new Navionics Product to you.
Except as
and only to the extent expressly permitted in this License or by applicable
law, you may not copy, decompile, reverse engineer, dissemble, modify, or create
derivative works of the Navionics Data or any part thereof. THE NAVIONICS DATA
IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINE
OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE DATA COULD LEAD TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
4. Transfer.
You may not rent lease, lend, redistribute or sublicense the Navionics Data.
Data License is valid only for original download mobile device and may not be
used in whole or part with additional mobile devices.
5. Consent
to Use of Personal Data. You agree that Navionics and its subsidiaries may collect
and use technical and related information, including but not limited to technical
information about your computer, system and application data, and peripherals,
that is gathered periodically to facilitate the provision of Navionics Data
updates, product support and other services to you (if any) related the Navionics
Data and to verify compliance with terms of this License. Navionics may use
this information, as long as it is in a form that does not personally identify
you, to improve Navionics products or to provide services or technologies to
you. Such information is subject to Navionics’ privacy policy located
at www.navionics.com/legal/privacypolicy. Your use of the Navionics Service
indicates that you accept the terms of Navionics’ privacy policy.
6. User-Generated
Content (UGC): The term User Generated Content refers to any chart data created
by Non-Navionics employees derived with the aid of Navionics Products. It includes,
but it is not limited to, (i)chart data as a result of Errors, Omissions, or
Discrepancy reports from Customers, (ii) chart data generated by users encompassing
trails, markers, points-of-interest or any kind of like situations. User Generated
Content is used only to correct Navionics Charts and improve them: no personal
data will be revealed to third parties.
Navionics
does not allow any customer or third party, to sell or market or permit to sell
or market, UGC created in conjunction with Navionics Products. If you choose
to share UGC for any purpose, you must send a copy of such data to Navionics
to the following email address mobile@navionics.com
Navionics reserves the exclusive right to use this data for commercial purposes
and you explicitly waive any claim of property on the UGC and its derivations.
7. Third-Party
Materials Disclaimer. Certain Services may include hardware and/or data materials
from third parties or links to certain third party web sites, applications and
other (“Third-Party Materials”). You acknowledge and agree that
Navionics is not responsible for examining or evaluating the content or accuracy
of any such Third Party Materials. Navionics does not warrant or endorse and
does not assume and will not have any liability or responsibility for any Third-Party
Materials. You agree that you will not use any Third-Party Materials in a manner
that would infringe or violate the rights of any other party, and that Navionics
is not in any way responsible for any such use by you.
8. Intellectual
Property and Copyrights. You agree the Services, including but not limited to
all digital content, graphics, audio clips, editorial content which contains
proprietary information and materials that is own by Navionics and/or its licensors,
and is protected by applicable intellectual property and other laws, including
but not limited to copyright, and that you will not use such proprietary information
or materials ina any way whatsoever except for permitted use of the Services.
No portion of the Services may be reproduced in any form by any means. You agree
not to modify, rent, lease, loan sell, distribute, or create derivative works
based on the Services, in any manner, and you shall not exploit the Services
in any unauthorized way whatsoever, including but not limited to, by trespass
or burdening network capacity.
9. Access
to Services. Navionics and its licensors reserve the right to change, suspend,
remove, or disable access to any Services at any time without notice. In no
event will Navionics be liable for the removal of or disabling of access to
any such Services. Navionics may also impose limits on the use of or access
to certain Services, in any case and without notice or liability.
10. Termination.
This License is effective until explicitly terminated. Some Products may be
subject to certain term restrictions in which case it will be explicitly detailed
in the associated End User License Agreement. Your rights under this or any
other Navionics License will terminate automatically without motives from Navionics
if you fail to comply with any term(s) of this License. Upon the termination
of this License, you shall cease all use of the Navionics Data and destroy all
copies, full or partial, of the Navionics Data.
11. No Warranty.
Navionics Data and Services are provided “as is,” and you agree
to use it at your own risk. Navionics and its licensors (and their licensors
and suppliers) make no guarantees, representations or warranties of any kind,
express or implied, arising by law or otherwise, including but not limited to,
content, quality, accuracy, completeness, effectiveness, reliability, fitness
for a particular purpose, usefulness, use or results to be obtained from this
Data, or that the Data or server will be uninterrupted or error-free. WARNING.
DATA PURCHASED MAY CONTAIN INACCURATE OR INCOMPLETE INFORMATION DUE TO THE PASSAGE
OF TIME, CHANGING CIRCUMSTANCES, SOURCES USED AND THE NATURE OF COLLECTING COMPREHENSIVE
GEOGRAPHIC DATA, ANY OF WHICH MAY LEAD TO INCORRECT RESULTS.
12. Disclaimer
of Warranties. Navionics and its Licensors (including their Licensors and Suppliers)
disclaim any warranties, express or implied, of quality, performance, merchantability,
fitness for a particular purpose or non-infringement. Some States, Territories
and Countries do not allow certain warranty exclusions, so to that extent the
above exclusion may not apply to you.
13. Limitation
of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NAVIONICS
BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL AND/OR COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE
THE NAVIONICS DATA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT,
TORT OR OTHERWISE) AND EVEN IF NAVIONICS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, SOME JUSISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMINATION
MAY NOT APPLY TO YOU
14. Export
Control. You may not use or otherwise export or re-export the Navionics Data
except as authorized by Unites States law and the laws of the jurisdiction in
which the Navionics Data was obtained. In particular, but without limitation,
the Navionics Data may not be exported or re-exported (a) into any U.S. embargoed
countries or (b) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person’s
List or Entity List. By using the Navionics Data, you represent and warrant
that you are not located in any such country or on any such list. You also agree
that you will not use these products for any purposes prohibited by United States
law, including, without limitation, the development, design, manufacture of
production of missiles, or nuclear, chemical or biological weapons.
15. Controlling
Law and Severability. The License will be governed by and construed in accordance
with the laws of the State of Italy. The License shall not be governed by the
United Nations Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded. If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to be unenforceable,
the remainder of this License shall continue in full force and effect.
16. Questions.
Questions regarding the above document may be sent via email to dataEULA@navionics.com.
Additional
warnings
and acknowledgements.
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