End user license agreement

READ THIS AGREEMENT BEFORE USING THIS NAVIONICS® PRODUCT.

THIS IS A NON EXCLUSIVE LEGAL AGREEMENT BETWEEN YOU AND NAVIONICS.  BY DOWNLOADING AND USING THIS NAVIONICS® PRODUCT, YOU AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT.

CERTAIN DEFINITIONS:  As used in this Agreement, the following terms have the respective meanings provided below:

 “DEVICE” means any or all of the hardware devices on which you access or use the Product, including without limitation a computer, tablet, smartphone or plotter. 

 “NAVIONICS” means: (a) if you live in the Americas (including Caribbean countries and any territories or possessions of countries in the Americas), Navionics Inc., a Delaware, USA, corporation having its principal place of business at 6 Thatcher Lane, Wareham 02571, Massachusetts, USA; or (b) if you live anywhere else, Navionics S.p.A., an Italian company, with head office at Corso Magenta 43, 20122 Milan, Italy, Fiscal Code and Register of Enterprises of Milan No.  00260950456, V.A.T.  number No.  01661250462.

 “PRODUCT” means a Navionics® electronic chart product containing cartographic, touristic and similar information, and related application software, downloaded electronically from Navionics ChartInstaller, or an “app” installed on a mobile Device.

“SONARCHARTS™” means a high definition bathymetry map layer created by integrating hydrographic office charts with data from Navionics proprietary surveys and sonar logs provided by Navionics Community users

“COMMUNITY EDITS” means edits made by Navionics users using Navionics apps and viewable on select chartplotters and on apps.

USES PERMITTED: You may use your Product on your Device as an electronic chart/map and ancillary aid to navigation (see Safety Warning below).  This Agreement gives you certain limited rights to use and maintain the Product.  You agree to use reasonable efforts to protect the Product from unauthorized use, reproduction, distribution or publication.  In the case of Products used on mobile Devices, Navionics reserves the rights to take marketing initiatives, by itself or through co-marketing actions, by sending messages or causing banners to appear on your Device during use of the Product (you may opt out of such initiatives by sending an empty e-mail from the e-mail account to which the Product is registered to unsubscribe@navionics.it).

PROHIBITED USES: You may not (1) make copies of a Product; (2) alter, decompile, disassemble or reverse-engineer or attempt to unlock or bypass the initialization system or encryption techniques utilized with, a Product; or (3) remove or obscure Navionics copyright or trademark notices from any Product (or its physical media, if applicable).

Community Layers: As used herein, “Community Layers” (“CL”) means any data submitted by any user of Products, using an interface included in a Product or on Navionics website, AND SHARED WITH NAVIONICS AND THE NAVIONICS COMMUNITY.  CL may be more than one and include in separate layers and without limitation: Community Edits, SonarCharts™, sonar logs, points of interest (POI) and other cartographic object additions, bathy information, error fixing or discrepancy reports.  CL may be submitted only to correct or improve Navionics’ charts and may not include any personal data unless specifically and formally authorized by you.  Your submission and use of CL is subject to applicable terms, rules of conduct and copyright policies set forth in the Terms of Use posted on Navionics website <http://www.navionics.com/terms-use >.
In Sweden, sonar logs may only be recorded in inland waters. Restrictions might also apply in Norway, Finland and Denmark. Please comply with local laws.
Navionics may change such rules and policies at any time without notice to you and your submission of CL shall constitute your acceptance of such rules and policies as are then in effect.  Accordingly, you should review the Terms of Use from time to time for any changes.

DURATION & TERMINATION: This Agreement is effective from the day you download or otherwise purchase your Product and shall continue until terminated.  Your license to use Data shall terminate automatically, without notice from Navionics, if you fail to comply with any provision of this Agreement.  Upon such termination, you must delete and destroy any Product in your possession or control.  Navionics reserves the right to enforce any other legal rights arising from termination.

Navionics is not obligated to support superseded or discontinued versions of Products or to upgrade or maintain Products for use on new releases/versions of your Device or its operating system.  Some or all features of your Product may fail to function on Devices other then the Device for which you originally purchased it.

DISCLAIMER: THE PRODUCT AND RELATED MATERIALS ARE LICENSED “AS IS” AND NAVIONICS (AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DEVELOPERS, CLIENTS, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS) DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  YOU ASSUME THE ENTIRE RISK AS TO THE PERFORMANCE AND RESULTS OF PRODUCT.  NAVIONICS’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE LICENSE TO USE THE PRODUCT.  IN NO EVENT SHALL NAVIONICS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF NAVIONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

GENERAL: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and such provision shall be substituted with a valid and enforceable provision which as nearly as possible accomplishes the intent of the original provision. 

This Agreement shall be governed by the following laws (“Applicable Law”), without reference to conflict-of-law principles, and any dispute arising out or relating to this Agreement shall be submitted to the exclusive jurisdiction of the following courts: (a) if your licensor is Navionics Inc., the laws of Massachusetts, USA and the state courts sitting in Plymouth County, or the federal courts sitting in Boston, Massachusetts, USA; or (b) if your licensor is Navionics S.p.A., the laws of Italy and the Court of Milan, Italy.  The foregoing choices of law and forum are subject to mandatory (non-waivable) provisions of (i) Applicable Law; or (ii) of the jurisdiction in which you reside.

SAFETY WARNINGS: Products are designed to provide ancillary aid to navigation by facilitating the use of authorized government charts, not to replace such charts.  Only official government charts and notices to mariners contain all information needed for safe navigation.  The user is responsible for the prudent use of Products.  Any routes generated by electronic charts, auto-routing software or similar tools are basic suggestions for route planning only and must not be used for direct navigation.

IF YOU ARE PURCHASING THIS PRODUCT THROUGH iTUNES: You acknowledge and agree that (i) this Agreement is concluded between you and Navionics, and not Apple, Inc.  (“Apple”); (ii) Navionics, and not Apple, is solely responsible for the Product; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Product; (iv) in the event of any failure of the Product to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Product; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Product; (vi) Apple is not responsible for any claims that you have arising out of your use of the Product; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Product infringes that third party’s intellectual property rights; and (viii) Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.  You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

END-USER TERMS REQUIRED BY FLURRY SERVICES: Navionics is using in its mobile applications Flurry Services in order to collect statistical data about your usage of our applications, without infringing your privacy rights.  Above data are used to improve the services offered to you.  Flurry is not responsible for any use by Navionics of any data about you.  If you do not want Flurry to track data from your device you can opt-out by clicking on this link: http://www.flurry.com/resources/privacy.html
Updated July 15th 2013