|Apple iPhone™ and iTouch™||iNavX™ for iPhone and iTouch|
|Apple iPad™||iNavX™ for iPad|
Theyr Premium Annual globetrotter subscription delivers weather and ocean forecasts using the NOAA Global Forecast System (GFS) 0.5 and 1.0 resolution data and the
higher resolution NCEP NMM 0.1 and 0.045 degree data for North America, 0.1 North Atlantic and Europe, 0.04 degree West Europe and 0.08 degree Southern Hemisphere data. Overlay premium forecast weather data on your preferred nautical charts with clear visualization or animation. Data types include Wind Speed and Direction, Air Pressure and Temperature, Precipitation, Wave Height, Period and Direction (WW3), Sea Surface Temperature (0.5 and 0.083 degree), NOC Tidal Stream 0.02 degree (North-west Europe) and NEXRAD (N. America).
How do I get started with iNavX on iPhone or iPad?
Can I switch between measurement units?
Can multiple weather forecast types be stored in iOS memory at the same time?
This End-User License Agreement (the “EULA” or the “Agreement”)
is in addition to the X-Traverse Terms of Service.
The Kona (Theyr) weather products are compatible with Fugawi Marine 5, GPSNavX or MacENC for Mac OS X or the iNavX™ app for iPad™, iPhone, or iPod Touch, available for activation and use on any single device, downloaded directly to your software via the internet. Access to the Theyr weather data is contingent on an active one year X-Traverse subscription.
Kona Ltd End-User License Agreement
For requesting and viewing weather & ocean forecast data supplied by:
Kona Ltd, Communications House, 26 York St, London W1U 6PZ
Kona Ltd (“Kona”) licenses this software to you only upon the condition that you accept all of the terms contained in this End-User License Agreement (EULA).
This EULA is between you and Kona. Please read it carefully and do not copy, install, upload, access or use the software unless you agree with all the terms of the EULA, and agree that you or the legal entity you represent are bound by the EULA.
A contract is formed between Kona and either you personally, if you acquire the software for yourself, or the company or other legal entity for which you are acquiring the software.
If you do not agree or do not wish to bind yourself or the legal entity you
represent, you must not copy, install, upload, access or use the software.
"Backup" means one copy of the Product installed on the same or another device owned by you, as set out in clause 2.1(a) of this Agreement
"Kona Product" or "Product" means the weather & ocean forecast data.
“Data” means any expressed data, fixed in a form giving rise to Intellectual Property Rights.
“End User(s)” means any individual, corporation or organization to whom Kona directly or indirectly distributes and grants a licence for use of the Product.
“EULA” means this End User Licence Agreement.
“Intellectual Property Rights” means any and all intellectual property rights recognized by the law, including but not limited to intellectual property rights protected through legislation.
2.0 LICENCE GRANT
2.1 In consideration of your payment and subject to this EULA, you are granted a non-exclusive, non-assignable, non-sublicensable and non-transferable licence to use the Product for personal use, subject to the terms and conditions set out below:
(a) This licence is for the installation and use of the Product by you on your own primary device, plus one non-concurrent installation on the same or another compatible device owned by you.
This licence is a single-user licence, it can be applied to a maximum of two devices (i.e. an original device, then a potential replacement device) and is not a licence for multiple, non-concurrent or concurrent network users/workstations.
(b) You shall not, nor allow nor direct any person to:
(i) Disassemble, decompile or in any way attempt to reverse engineer software associated with the Product;
(ii) Extract, adapt or use any part of the Product to develop or derive any other product whatsoever, whether for personal use or for distribution or commercial purposes, without the prior written permission of Kona to do so.
(iii) Copy, publish, communicate or redistribute the Product or any part of the Product, except one backup as set out in clause 2.1(a) above; or
(iv) Directly or indirectly, sell, rent, lease, sublicence, re-sell, redistribute, republish, reproduce, copy, broadcast or transmit any part of the Site, in any format, including but not limited to, any products, services, data, software or images, for any purpose whatsoever, without the prior written permission of Kona to do so.
3.0 COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
3.1 All title and Intellectual Property Rights in and to the Product, which are owned by Kona, including but not limited to all software, data, information, design, presentation and arrangement shall at all times remain the property of Kona.
3.2 All title and Intellectual Property Rights in and to Data which is not owned by Kona are the property of the respective content owners and may be protected by copyright, other intellectual property laws, common law or international treaties.
3.3 At any time while this Agreement is in effect or after the expiry or termination of this Agreement, you agree not to use or adopt any trade mark, trade name, trading style or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, official mark, logo or domain name used by Kona, unless with the prior written consent of Kona.
3.4 This is a licence to use the Product as supplied, and is not a sale or assignment of any, or all, of the rights of Kona thereto.
3.5 In the event your intended use(s) of the Product falls outside the scope of this Agreement in any way, you agree to request written authorization from Kona, prior to such use.
4.0 REPRESENTATIONS, WARRANTIES, INDEMNITIES, DISCLAIMERS
4.1 Kona does not make any representation or warranty of any kind with respect to the accuracy, usefulness, novelty, validity, scope, completeness or currency of the Product; and the Crown expressly disclaims any implied warranty of merchantability or fitness for a particular purpose of the Product.
4.2 While Kona uses reasonable skill and care to ensure the accuracy of its weather and ocean data and forecasts provided through our internet and software applications, it should always be borne in mind that meteorology, and weather forecasting in particular, are not exact sciences.
Therefore Kona weather and ocean data and forecasts cannot be relied on as statements of fact. In addition, you should be aware that Kona weather and ocean data, forecasts and services are provided without warranties or representations of any kind, whether express or implied.
Any use you may make of Kona weather and ocean data, forecasts and services is entirely at your sole risk, and Kona does not warrant or represent that the weather data, forecasts or services are error free or fit for any particular purpose or use.
Kona accepts no responsibility for any use made of its weather and ocean data, forecasts or services, nor does it accept any liability for any death, injury, damage or loss of any kind, whether direct or indirect, to any person or entity, which may arise as a result of or in connection with use of our weather and ocean data, forecasts or services, to the fullest extent that we may disclaim such responsibilities and liabilities at law.
4.3 Due to reliance on third party data suppliers and communication networks, or for any other reason, Kona does not warrant that provision of or access to weather and ocean data, forecasts or services will be either error-free or uninterrupted.
4.4 In no event shall Kona or its employees, contractors or its agents be liable, whether by way of any suit or action or other, for any loss, liability, damage or cost that you may suffer or incur at any time, by reason of your possession or use of the Product or arising out of the exercise of your rights under this Agreement.
4.5 You shall indemnify Kona and its employees, contractors and agents from and against and be responsible for all claims whatsoever alleging loss, costs, including solicitor and client costs, expenses, damages or injuries including injuries resulting in death, actions, suits, or proceedings, by whomsoever made, brought, and prosecuted, in any manner arising out of your possession or use of the Product or from your exercise of your rights under this Agreement.
4.6 Your obligation to indemnify the Kona under this Agreement shall not affect or prejudice Kona from exercising any other rights under law.
5.0 REGISTRATION OF THE PRODUCT
5.1 You are required to register your Product, within 30 days of purchase with regard to installation on your primary device, and during the term of this Licence with regard to your backup device. Kona reserves the right to require proof of purchase prior to registration.
6.1 This EULA is effective for one year from the date of purchase of the Product.
7.1 This EULA may be terminated automatically and without notice, if you commit or permit a breach of any of your covenants or obligations under this Agreement.
7.2 Upon the termination of the Agreement, for whatever reason:
(a) Clauses 4.4 and 4.5 shall survive;
(b) Your rights under clause 2.0 shall immediately cease; and
(c) You may no longer use the Product for any purpose.
8.2 If a dispute arises between the parties concerning this Agreement, the parties shall attempt to resolve the matter by negotiation, mediation or arbitration.
8.3 Any notices or other communications under this EULA shall be in writing and shall be addressed to:
Kona Ltd, Communications House, 26 York St, London W1U 6PZ, UK
8.4 This EULA constitutes the entire agreement between us. Any modifications
to this EULA shall be invalid, unless made in writing and duly signed by both
9.0 ACKNOWLEDGEMENT AND AGREEMENT BY USE
9.1 Any use whatsoever of this product shall constitute your acknowledgement of and agreement to adhere to all of the terms and conditions herein.