End User License Agreement
Last Revised: May 20, 2018
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA”) CAREFULLY. IT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND SEAPILOT AB (“SEAPILOT”). THE APPLICATION AND ALL DATA CONTAINED WITHIN THE APPLICATION (APPLICATION AND DATA ARE HEREINAFTER TOGETHER REFERRED TO AS THE “APPLICATION”). YOUR USE OF THE APPLICATION IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS EULA. BY CLICKING THE “ACCEPT” BUTTON OR USING THE APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THIS EULA.
SEAPILOT RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS OF THIS EULA AT ANY TIME BY POSTING THE CHANGES ON OUR WEBPAGE. THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS CAN BE REVIEWED AT START UP OF THE APPLICATION. YOU SHOULD CAREFULY REVIEW THEM EVERY TIME YOU USE THE APPLICATION TO FAMILIARIZE YOURSELF WITH THE THEN-CURRENT TERMS AND CONDITIONS. ANY CHANGES OR MODIFICATIONS TO THE TERMS AND CONDITIONS WILL BE EFFECTIVE ON THE DATE THE CHANGE OR MODIFICATION IS MADE. YOUR SUBSEQUENT USE OF THE APPLICATION FOLLOWING THE DATE OF ANY CHANGE OR MODIFICATION WILL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AS REVISED. IF YOU DO NOT AGREE TO THE REVISED TERMS AND CONDITIONS, THEN YOU MUST STOP USING THE APPLICATION.
1. OWNERSHIP. The Application contains the valuable proprietary content of SEAPILOT and its licensors and is protected by copyright and other intellectual property laws and treaties. SEAPILOT and its licensors retain all right, title and interest in the copyrights, patents, trade secrets, trademarks and other intellectual property rights pertaining to the Application. The Application is licensed, not sold, to You, and You agree not to use the Application except in its intended manner in accordance with the terms of this EULA.
2. LICENSE USE AND RESTRICTIONS ON USE. For each license, You may install the Application on a mobile computing device. The Application may be used strictly to supplement official navigation information and traditional navigation techniques and not as the sole or primary method of navigation or for any other purpose whatsoever. IN ADDITION, YOU MUST PAY ATTENTION TO SURROUNDING ENVIRONMENTAL CONDITIONS AND SITUATIONS AND THE APPLICATION MAY NOT BE USED WHERE SUCH USE MIGHT INTERFERE WITH THE SAFE OPERATION OF ANY WATERCRAFT. THE APPLICATION IS INTENDED FOR RECREATIONAL USE ONLY. USE OF THE APPLICATION BY SOLAS (SAFETY OF LIFE AT SEA) CLASS, FOR COMMERCIAL USE, AS OFFICIAL ELECTRONIC NAVIGATIONAL CHART (or “ENC”) OR AS OTHERWISE PROHIBITED BY APPLICABLE LAW IS STRICTLY PROHIBITED.
You shall not: (a) copy, reproduce, or publish the Application or any portion thereof; (b) distribute copies of the Application or accompanying materials to others; (c) modify, adapt, translate, reverse engineer, or decompile the Application or create derivative works based on the Application; (d) modify, adapt, translate, or create derivative works based on the printed, electronic, or written materials; (e) assign, rent, or lend the Application; or (f) sell or transfer the Application.
3. TERMINATION. This EULA will automatically terminate if You fail to comply with any term of this EULA or any applicable law.
4. NO WARRANTY AND DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SEAPILOT HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED OR ARISING BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SEAPILOT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY SEAPILOT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU FURTHER ACKNOWLEDGE THAT THE APPLICATION AND RELATED SERVICES ARE NOT INTENDED AS OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLICATION OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION NAUTICAL NAVIGATION OR VESSEL TRAFFIC CONTROL SYSTEMS.
LOCATION DATA PROVIDED BY THE APPLICATION OR ANY SERVICES ARE FOR SITUATIONAL AWARENESS PURPOSES ONLY AND NOT INTENDED FOR NAUTICAL NAVIGATION AND NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE, TIME-DELAYED OR INCOMPLETE LOCATION DATA COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE, OR VIOLATION OF LAWS OR ANY OTHER APPLICABLE MARITIME REGULATIONS. SEAPILOT DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA OR ANY OTHER DATA DISPLAYED BY THE APPLICATION OR SERVICES. USE OF THIS LOCATION DATA IS AT YOUR SOLE RISK.
NAUTICAL NAVIGATION IS AN INHERENTLY DANGEROUS ACTIVITY AND SHOULD ONLY BE ENGAGED IN BY PERSONS WITH ADEQUATE TRAINING AND EXPERIENCE.
THE APPLICATION MAY NOT CONTAIN ALL NAUTICAL NAVIGATION DATA NEEDED FOR SAFE NAUTICAL NAVIGATION. ONLY CURRENT OFFICIAL GOVERNMENT CHARTS AND NOTICES TO MARINERS CONTAIN ALL INFORMATION NEEDED FOR SAFE NAUTICAL NAVIGATION.
THE APPLICATION IS NOT ADEQUATE AS A PRIMARY MEANS OF NAVIGATION, AND SHOULD BE USED ONLY AS A NAVIGATION AID IN SITUATIONAL AWARENESS OF THE SURROUNDING ENVIRONMENTAL CONDITIONS.
THE APPLICATION IS DERIVED, IN PART, FROM DATA PROVIDED WITH THE PERMISSION OF VARIOUS NATIONAL HYDROGRAPHIC OFFICES AND OTHER THIRD PARTY SOURCES (COLLECTIVELY, THE “LICENSORS”). SEAPILOT IS AN AUTHORIZED USER AND LICENSEE OF THIS DATA UNDER SEPARATE AGREEMENTS WITH THE LICENSORS. ALL RIGHTS ARE RESERVED BY THE RESPECTIVE LICENSORS AND COPYRIGHT RESTRICTIONS APPLY.
SEAPILOT IS NOT RESPONSIBLE FOR DEFECTS IN THIS APPLICATON DUE TO INCORRECT OR MISSING INFORMATION FROM LICENSORS OR OTHER THIRD PARTY SOURCES.
NO LICENSOR HAS VERIFIED THE APPLICATION AND NO LICENSOR ACCEPTS ANY LIABILITY FOR THE ACCURACY OF THE APPLICATION OR FOR ANY MODIFICATIONS THAT MAY HAVE BEEN MADE TO THE INFORMATION SUPPLIED. FURTHERMORE, NO LICENSOR WARRANTS THAT THE DATA MEETS ANY REGULATIONS AS AN APPROPRIATE PRODUCT FOR NAVIGATION OR THAT IT CONTAINS THE MOST CURRENT HYDROGRAPHIC INFORMATION AVAILABLE.
5. LIMITATION ON LIABILITY. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SEAPILOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE) AND EVEN IF SEAPILOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SEAPILOT’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED TEN DOLLARS (U.S. $10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states and jurisdictions do not allow limitations on direct, indirect, incidental, or consequential damages, so the above limitations or exclusions may not apply to You.
If a court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on SEAPILOT’s liability set forth in this Section will apply to the fullest extent permitted by law. If SEAPILOT cannot exclude or limit a warranty or liability implied by law, this EULA will be read and construed subject to such provisions of law.
6. INDEMNIFICATION. You will defend, indemnify and hold harmless SEAPILOT, its licensors and its subcontractors from and against all claims and liabilities (including claims by third parties), and costs and expenses (including attorneys’ fees), incident thereto or incident to successfully establishing the right to indemnification, arising out of or relating to any claims for injury to or death of any person or persons, including Your employees, or for loss of or damage to any property, including any watercraft, or otherwise arising out of or in any way relating to Your utilization of the Application provided hereunder, whether or not arising in tort or if the negligence of SEAPILOT is a contributing cause. Your obligations under this indemnity will survive the termination of this EULA.
7. EXPORT COMPLIANCE. You are responsible for Your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time. You shall not attempt to, or knowingly export or re-export the Application covered under this EULA to any country or national thereof prohibited from obtaining such Application, either directly or indirectly. Each party shall, at its sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct its respective activities hereunder. Nothing in this clause releases You from any obligation stated elsewhere in this EULA not to disclose such Application.
8. ENTIRE AGREEMENT. This EULA contains the entire understanding of the parties hereto relating to the subject matter hereof. No waiver or modification of any of the terms hereof by You will be valid unless in writing and signed by both SEAPILOT and You. No waiver of any breach will be deemed a waiver of any subsequent breach. If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will not be affected.
9. GOVERNING LAW. This EULA will be interpreted under and governed by the laws of the State of Illinois, USA, without regard to rules governing choice of law. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA.
10. CONFLICTING DOCUMENTS. In the event You issue a purchase order for Your request of the Application, the terms and conditions therewith are hereby rejected by SEAPILOT and this EULA will govern and take precedence over all other terms and conditions contained on or referenced by such purchase order.
When You download or use the Application on any available operating system (OS), the following terms apply and You agree as follows:
a. Acknowledgement: The parties acknowledge that this EULA is concluded solely between such parties, and not with the OS provider, and SEAPILOT, not the OS provider, is solely responsible for the Application and the content thereof. You further acknowledge that the usage rules for the Application are subject to any additional restrictions set forth in the Usage Rules for the OS provider Store Terms of Service as of the date You download the Application, and in the event of any conflict, the Usage Rules in the Store shall govern if they are more restrictive.
b. Scope of License: The license granted to You is limited to a non-transferable license to use the Application on any Smartphone, Tablet or PC that You own or control as permitted by the Usage Rules set forth in the OS provider Store Terms of Service.
c. Maintenance and Support: The parties acknowledge that the OS provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
d. Warranty: You acknowledge that the OS provider is not responsible for any product warranties, whether express or implied by law, with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, You may notify the OS provider, and the OS provider will refund the purchase price, if any, paid to the OS provider for the Application to that end-user; to the maximum extent permitted by applicable law, the OS provider will have no other warranty obligation whatsoever with respect to the Application. The parties acknowledge that to the extent that there are, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty they would be the sole responsibility of SEAPILOT. However, You understand and agree that in accordance with the EULA, SEAPILOT has disclaimed all warranties of any kind with respect to the Application and, therefore, there are no warranties applicable to the Application.
e. Product Claims: The parties acknowledge that as between the OS provider and SEAPILOT, SEAPILOT, not the OS provider, is responsible for addressing any claims of the end-user or any third party relating to the Application or the end-user’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. Legal Compliance. You represent and warrant that You are not located in a country that is subject to a UN embargo, or that has been designated as a “terrorist supporting” country by the United States Department of State; and You are not listed on any UN list of prohibited or restricted parties.
g. Intellectual Property Rights. You acknowledge that, in the event of any third party claim that Your possession and use of the Application infringes that third party’s intellectual property rights, the OS provider will have no responsibility or liability whatsoever for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
h. Third Party Terms. You must comply with applicable third party terms and conditions when using the Application.
i. Third Party Beneficiary. You acknowledge and agree that the OS provider and the OS provider’s subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions contained herein, the OS provider will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.
By pressing “Accept”, you confirm that You: (i) acknowledge the above warning and accept the limitations of the Application and SEAPILOT charts, and (ii) have read the documentation for the Application, including its notes and agree to be bound by the terms of this EULA.