The following terms are in
addition to the standard X-Traverse
Terms of Service. These
NV.Digital charts are:
- compatible only
with with
Fugawi
Marine ENC, Fugawi
Global Navigator or Geonav
MapMapster for Windows PC, or GPSNavX
or MacENC
for Mac OS X or the iNavX™
App for iPad™, iPhone, or iPod touch;
- available for activation
and use on any two devices;
- downloaded directly
to your software via the internet and stored locally for offline use; and
- available for re-download
from X-Traverse 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 NV.DIGITAL END USER LICENSE AGREEMENT:
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 X-Traverse.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 X-Traverse 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 info@nv-charts.com.
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