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X CHARTMANAGER End-User License Agreement ("EULA")

X CHARTMANAGER End-User License Agreement ("EULA")

 

Last updated: APRIL 01, 2022

 

PLEASE ENSURE THAT YOU HAVE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE CLICKING “AGREED”, DOWNLOADING OR USING THE X CHARTMANAGER SOFTWARE (the “Software”).

 

ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICES, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA OR RATIFICATION OF ANY PREVIOUS CONSENT.

 

By clicking the "I Agree" button, downloading, or using the “X ChartManager” Software You are agreeing to be bound by the terms and conditions of this EULA. If You do not agree to the terms of this EULA, do not click on the "I Agree" button, do not download, or do not use the Software.

 

The Software is licensed, not sold, to You by Navico for use strictly in accordance with the terms of this EULA. This EULA is a legal document between You and Navico and it governs your use of the Software made available to You by Navico.

 

The use of the content and data downloaded or obtained in any way through the use of the Software is governed by the C-Map Data License Agreement (EULA) available at: https://www.c-map.com/legal/terms-and-conditions-eula as updated from time to time.

 

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of this End-User License Agreement:

 

  • EULA means this End-User License Agreement that forms the entire agreement between You and Navico regarding the use of the Software.
  • Navico (referred to as either "Navico ", "We", "Us" or "Our" in this EULA) refers to the Navico Group which includes Navico Holding AS, a company registered under Norwegian Law, and having in registered address at Elganeveien 1, 4373 EGERSUND and its Subsidiaries.
  • Computer means the device running the Software on a Windows and/or MAC OS environment
  • Software means the software program named X ChartManager, provided by Navico downloaded by You to a Computer.
  • Subsidiary means any entity that, directly or indirectly through one or more intermediaries, is controlled by Navico.
  • You means the individual accessing or using the Software or the company, or other legal entity on behalf of which such individual is accessing or using the Software, as applicable.

 

Scope of License

No title to or ownership in the Software is transferred to You. You acknowledge and agree that Navico and/or third-party suppliers own and retain all rights, title and interest in the Software and ownership of all intellectual property rights in the Software, including any derivative works, modifications, adaptations or copies thereof. You must treat the Software as any other copyrighted material. You agree not to attempt in any way to obliterate, remove or destroy the trade secret or copyright notice in any copies of the Software.

 

Navico grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software strictly in accordance with the terms of this EULA.

 

The license that is granted to You by Navico is solely for your personal, non-commercial purposes strictly in accordance with the terms of this EULA.

 

All intellectual property rights and title in and to the Software (including, but not limited to, all images, photographs, animations, videos, audio, music, text and “apps” incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Navico, or its affiliates or providers. The Software is licensed By Navico to You, not sold. Nothing herein constitutes a transfer or assignment of any intellectual property rights to You.

 

  1. Patents. Certain aspects of the Software and the underlying algorithms or concepts may be covered by one or patens owned by Navico or its affiliates, suppliers or licensors. This EULA does not grant You any rights in Navico’s patents beyond the use of such technology in accordance with the terms of this EULA.
  2. Trademarks. This EULA does not grant You any rights in or any license to use any trademarks or service marks of Navico, or its affiliates.

 

This EULA grants You no rights whatsoever to use the Software or any associated content outside of its intended use.

 

All rights not specifically granted under this EULA are reserved by Navico, its affiliates and any applicable third party software service providers and suppliers.

 

License Restrictions

Navico reserves all rights not expressly granted to You under this EULA. You may not modify or alter the Software in any way or prepare any derivative works of the Software. You shall not reverse engineer, decompile, translate, disassemble or attempt to discover and source code, object code, compiled code, machine readable code, or underlying algorithms of the Software, nor shall You permit others to reverse engineer, decompile, translate, disassemble or attempt to discover and source code, object code, compiled code, machine readable code or underlying algorithms the Software, except and only to the extent that any such activity is permitted by applicable law notwithstanding this express limitation or may be permitted by the licensing terms governing use of any open source components included with the Software.

 

You shall not distribute, copy, make modifications to or create derivative works based on the Software, nor shall You permit others to distribute, copy, make modifications to or create derivative works based on the Software, except and only to the extent that any such activity is permitted by applicable law notwithstanding this express limitation, or as may be permitted by the licensing terms governing use of any open source components included with the Software.

 

No rental, leasing or usage to a Third Party of the Software is permitted.

 

You acknowledge and agree that any violation of this Clause including but not limited to any attempt to copy, modify, or register the Software, including a part, component or subprogram thereof, violates Navico’s copyrights in the Software (whether registered or unregistered); and any violation of this Clause including but not limited to any attempt to circumvent any access controls on the Devices providing access to the Software or access controls within the Software itself is illegal and unauthorized circumvention. In the event that You violate any copyright in or circumvent any access control to the Software, You agree that You are liable to Navico for all applicable actual damages (including but not limited to lost profits, diminution of value of the Software, lost license fees), statutory damages, reasonable attorney fees, and/or all other costs and expenses incurred by Navico for the loss according to applicable law.

 

You acknowledge and agree that violation of this Clause will: (i) substantially diminish the value of the Software and Navico’s other proprietary interests that are the subject of this EULA; (ii) render Navico’s remedy at law for any such violation of this Clause inadequate; and (iii) cause irreparable injury to Navico. If You breach any obligation with respect to this Clause, You acknowledge that Navico shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.

 

Additional Software or Services

The Software may permit Navico or its third party software and service providers or their affiliates or designated agents to provide or make available to You Software updates, supplements, add-on components, internet-based or satellite-based services or components for the Software after the date that You obtain your initial copy of the Software (”SUPPLEMENTAL COMPONENTS”) and may provide and make available to you with support services related to the Software (“SUPPORT SERVICES”). You acknowledge and agree that Navico or its third party software and service providers or their affiliates or designated agents may use Your technical and other information as part of the SUPPORT SERVICES for its business purposes, including for product support and development. Software updates and SUPPORT SERVICES may cause You to incur additional charges from Your wireless provider, internet provider, or satellite provider. If Navico or third party software and services providers supply or make available SUPPLEMENTAL COMPONENTS to You, whether or not though any SUPPORT SERVICES, and no additional EULA terms are provided therewith, then the terms of this EULA shall apply. Navico, its third party software and service providers and their affiliates or designated agents reserve all rights to discontinue without liability any internet-based or satellite-based services provided to You or made available to You though use of the Devices, Software, SUPPORT SERVICES or SUPPLEMENTAL COMPONENTS.

 

Links to Third Party Sites

In the event the Software provide You with the ability to link to third party sites, software or downloads not affiliated with Navico or authorized by Navico, You understand and agree that such third party sites, software or downloads are not under the control of Navico, its affiliates, or its designated agents. If the Navico provides links to third party sites, software or downloads, such links are provided to You only as a convenience, and the inclusion of any link does not imply an endorsement of the third party site, software or download by Navico, its affiliates or its designated agents. As such, Navico, its affiliates, or its designated agents shall not be responsible for:

 

  1. the content of any third party sites, software or downloads, any links contained in third party sites, or any changes or updates to third party sites, software or downloads;
  2. any transmission received from any third party sites, software or downloads

 

Term and Termination

This EULA is and shall remain in effect until terminated by You or Navico. Navico may, in its sole discretion, and at any time elect to suspend or terminate this EULA without cause. Navico is not required to provide You with any notice to terminate this EULA.

 

You may also terminate this EULA by deleting the Software and all copies thereof from your Computer. This EULA will terminate immediately, without prior notice from Navico, in the event that you fail to comply with any provision of this EULA. Upon termination of this EULA, You shall cease all use of the Software and delete all copies of the Software from your Computer or archives.

 

Termination of this EULA will not limit any of Navico's rights or remedies at law or in equity in case of breach by You (during the term of this EULA) of any of your obligations under the present EULA.

 

Indemnification of Navico

You agree to indemnify and hold Navico and its parents, Subsidiaries, officers, employees, partners and licensors (if any) harmless from any claim or demand, including any and all attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.

 

Software provided as-is – No Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL NAVICO, THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NAVICO, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUBSIDIARIES, AFFILIATES, ITS RESPECTIVE LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES, WITH REGARDS TO THE SOFTWARE, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

NAVICO DOES NOT PROVIDE ANY WARRANTY OR UNDERTAKING AND DOES NOT MAKE ANY REPRESENTATION REGARDING THE SOFTWARE’S ABILITY TO MEET SPECIFIC REQUIREMENTS, ACHIEVE ANY RESULT OR BE COMPATIBLE WITH ANY OTHER APPLICATION, SOFTWARE, SERVICES OR SYSTEM. NAVICO DOES NOT WARRANT THAT THE SOFTWARE WILL BE OPERATED WITHOUT INTERRUPTION OR BE ERROR FREE AND MAKES NO COMMITMENT TO CORRECT ANY EFFORT OR DEFECTS.

 

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, NAVICO DOES NOT MAKE ANY WARRANTY CONCERNING THE SOFTWARE AND SHALL HAVE NO LIABILITY WITH REGARDS TO APPLICABLE PRODUCT LIABILITY LAWS.

 

NAVICO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE AVAILABILITY OF THE SOFTWARE, ITS CONTENT OR INFORMATION, OR SUCH CONTENT AND INFORMATIONS’ACCURACY OR RELIABILITY.

 

NAVICO DOES NOT WARRANT THAT THE SOFTWARE, ITS SERVERS, THE CONTENT, OR EMAILS SENT FROM OF ON BEHALF OF NAVICO ARE FREE OF VIRUSES, TROJAN, SCRIPTS, WORMS OR ANY OTHER FORM OF MALWARE OR HARMFUL COMPONENTS.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY: (A) IN NO EVENT WILL NAVICO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, CUSTOMERS, USE, PROFITS, REVENUE, SAVINGS OR DATA, OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY YOU, WHETHER BASED IN CONTRACT, TORT, STATUTE OR OTHERWISE, AND EVEN IF NAVICO HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT WILL NAVICO’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS EULA OR THE SOFTWARE HEREOF EXCEED ZERO EUROS (€0).

 

Severability and Waiver

If any provision of this EULA is held to be invalid or unenforceable, such provision shall, to the greatest extent possible under applicable law, be deemed modified and interpreted to accomplish the objectives of such provision. Notwithstanding what precedes, the remaining provisions of the EULA will continue in full force and effect.

 

Should any provision of this EULA be held to be void, invalid or inoperative, the remaining provisions of this Agreement will not be affected and will continue in effect and the invalid provision will be deemed modified to the least degree necessary to remedy such invalidity.

 

Relationship of Parties

Nothing contained in this EULA will be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor its agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times will continue to be, that of independent contractors.

 

Trade Compliance

You hereby warrant and covenant that the Software (including the technology and/or software related thereto) will not be:

 

  • Used in connection with any nuclear devices, rocket systems, unmanned (aerial) vehicles, chemical or biological weapons, or other applications that are restricted by law, including use in any facilities or vessels engaged in activities relating to such applications.
  • Exported or re-exported, unless export laws and the item’s export control classification permits re-export to the intended party/country, which is NOT a restricted party or a country under embargo (including notably Cuba, North Korea, Syria, Iran, the Donetsk People’s Republic, Luhansk People’s Republic and the Crimea Region of Ukraine as well as any other country that may be added to the US Commerce Department Embargoed Countries listand the framework of the Common Foreign and Security Policy (CFSP) Sanction’s list)

 

Amendments

Navico reserves the right, at its sole discretion, to amend or replace the terms of this EULA at any time.

 

You agree to be bound by the revised terms by continuing to access or use the Software after any revisions become effective or published.

 

If You do not agree to the new terms, You are no longer authorized to use the Software and shall delete it from your Computer and archives.

 

Governing Law

This EULA and your use of the Software are governed by the laws of Norway.

 

The EULA constitutes the entire agreement between You and Navico regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between You and Navico.

 

You may be subject to additional terms and conditions that apply when You use or purchase other Navico services, which Navico will provide to You at the time of such use or purchase.

 

The use of the content and data downloaded or obtained in any way through the use of the Software is governed by the C-Map Data License Agreement (EULA) available at: https://www.c-map.com/legal/terms-and-conditions-eula as updated from time to time.

 

CONTACT:

You can contact Us if you have questions regarding the use or content of the Software: