READ THIS AGREEMENT BEFORE USING THIS NAVIONICS® PRODUCT.
THIS IS A NON EXCLUSIVE LEGAL AGREEMENT BETWEEN YOU AND NAVIONICS. BY OPENING THIS NAVIONICS® PRODUCT PACKAGE AND/OR BY DOWNLOADING AND/OR USING THIS NAVIONICS® PRODUCT, YOU AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT.
1. 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 srl a socio unico, 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, provided on a memory card or as an “app” installed on a Device.
“NAUTICAL CHART” means a map layer containing cartographic reference detail, based on public and private sources as well as on our own surveys, including but not limited to port plans, safety depth contours, marine services info, tides and currents and navigation aids.
“SONARCHART™” is a high definition bathymetry map layer created by integrating hydrographic office charts with data from Navionics proprietary surveys and sonar logs recorded with plotter, mobile and PC and provided by Navionics community users and/or other communities. The user can switch from Nautical Chart to SonarChart™ to get an increased awareness of shallow waters and a detailed bottom description for any sea or inland waters.
“SONARCHART™ LIVE” is a SonarChart™ created in real-time by the end user for personal use by means of chartplotters connected via NMEA compatible Wi-Fi routers or from a mobile depth sounder hardware. Such chart is drawn in real time on the users’ Device. At the same time the sonar logs recorded as described above, opportunely anonymized, are sent automatically to Navionics to improve SonarChart™ along with the continuous stream of other sonar logs recorded with plotter, mobile and PC by the Navionics community users and/or other communities. SonarChart™ Live can be overlaid on Nautical Chart or SonarChart™ layer as preferred by the user. SonarChart™ Live does not belong to the community Layers category (as defined below).
“COMMUNITY EDITS” means edits made by Navionics users using Navionics apps and viewable on selected chartplotters and on apps.
"PLOTTER SYNC" is a software module that allows boaters to Wi-Fi connect a Raymarine GPS chartplotter to Navionics servers on the internet through a Navionics mobile app. Owners of compatible units are thus able to download/update charts, download/upload waypoints and routes and upload sonar logs. The sonar logs recorded by the plotter, opportunely anonymized, are sent automatically by means of Plotter Sync to Navionics to improve SonarChart™ along with the continuous stream of other sonar logs recorded with plotter, mobile and PC by Navionics community users and/or other communities.
“COMMUNITY LAYERS” (CL): As used herein, CL means any data submitted by any user of Products, using an interface included in a Product, AND SHARED WITH NAVIONICS AND THE NAVIONICS COMMUNITY. CL may be more than one and include in separate layers and without limitation: community Edits, SonarChart™, sonar logs, points of interest (POI) and other cartographic object additions, bathy information, error fixing or discrepancy reports and/or any other data. 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. Sweden, Norway and Finland restrict sonar logs recording at sea. Please check and comply with local laws.
2. USES PERMITTED
You may use your Product on your Device as an electronic chart/map and ancillary aid to navigation (see Safety Warning below) and/or course. 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, causing banners to appear on your Device during use of the Product or by sending messages (you may opt out of receiving messages by sending an empty e-mail to firstname.lastname@example.org).
3. 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).
4. CONTENT (CL) YOU SUBMIT
You acknowledge that CL will be accessible to other users. We cannot guarantee the security of any information you disclose through any CL; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding service providers, us or any other third party. You may be held legally responsible for damages suffered by other users, us or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post as CL. We are not legally responsible for any CL, even if a CL is defamatory or otherwise legally actionable.
You are and will remain solely responsible for the CL you post and for the consequences of such posting. We have no duty to monitor CL. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from CL.
By submitting CL, you automatically grant, or warrant that the owner of such CL has expressly granted, to us a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, display, perform, modify, adapt, publish, translate and distribute and promote such CL (in whole or in part), and to incorporate it in other works, in any form, media or technology now known or later developed, and for any purpose and you explicitly waive any right to compensation for such use. You also permit any other user to access, view, store or reproduce such CL for personal use. We have no obligation to post any CL from you or anyone else. We may, in our sole and unfettered discretion, decline to post, edit, remove or delete any CL.
You may not sell, market or permit any other party to sell or market, CL.
You acknowledge and agree that, when you submit CL through a mobile device, we may collect the GPS position of the device only after anonymizing it and only for the sole purpose of ensuring the accuracy of the CL and not for your identification or localization.
5. CL RULES
You are solely responsible for any community Edits, SonarChart™, sonar logs, points of interest (POI) and other cartographic object additions, bathy information, error fixing or discrepancy reports and/or any other data that you voluntarily submit and that you assure are accurate and correct. The above may not (in our sole judgment):
(a) be defamatory, abusive, harassing, or threatening to another person;
(b) disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
(c) be violent, vulgar, obscene, pornographic or otherwise sexually explicit, or foreseeably harmful to any person or entity;
(d) constitute, encourage or discuss with the intent to commit any illegal activity (including without limitation child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing or illegal drug use, harassment, theft);
(e) violate any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual right; (ii) right of privacy or publicity (specifically, CL must not contain another person’s personal information or image without such person’s express permission); or (iii) any confidentiality obligation;
(f) be commercial in nature (whether or not for profit) or solicits others (including solicitations for contributions or donations);
(g) contain a virus or other harmful component, or otherwise tamper with, impair or damage our site, applications or Products, or any connected network, or otherwise interfere with their use or enjoyment by any other person;
(h) be irrelevant to the general topic or purpose of the Product or platform for which it is submitted;
(i) violate any specific restrictions applicable to the specific platform or forum, such as age restrictions or procedures;
(j) be antisocial, disruptive, or destructive (including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet); or
(k) be false or misleading;
(l) contain any of your personal contact information (although you may be required to provide such information to us as part of your registration to upload CL).
6. CONTENT (CL) SUBMITTED BY OTHERS
Submission and use of CL through our Products, applications or other platforms is governed by this end user license agreement.
Although Navionics requires users to submit only accurate and correct CL, Navionics does not warrant credibility or reliability of CL submitted by users.
7. DURATION AND TERMINATION
This agreement is effective from the day you download and/or use and/or otherwise purchase your Product and shall continue until terminated/expired. Your license to use the Product shall terminate automatically, without notice from Navionics, if you fail to comply with the PROHIBITED USES provision above. Upon such termination/expiration, you must delete and/or destroy any Product in your possession or control. Navionics reserves the right to enforce any other legal rights arising from termination/expiration.
8. PRODUCT VERSIONS
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 than the Device for which you originally purchased it.
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.
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.
11. APPLICABLE LAW AND JURISDICTION
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 srl a socio unico, 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.
12. SAFETY WARNINGS
Marine and lakes 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 track generated by electronic charts, autorouting software or similar tools are basic suggestions for route planning only and must not be used for direct navigation.
Navionics encourages hikers, bikers and skiers to comply with all applicable rules, including speed limits, and recommends them safe, prudent and vigilant behaviors. The user participating in road traffic and/or in any other environment (such as mountain) is responsible for the prudent use of Products and shall act in such a way as not to harm or endanger or hinder or create inconvenience to any other person.
13. 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.
14. END-USER TERMS REQUIRED BY FLURRY SERVICES
Navionics is using in its mobile applications Flurry Services in order to collect statistical anonymous 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: https://developer.yahoo.com/flurry/legal-privacy/terms-service/flurry-analytics-terms-service.html
Updated May 2015