END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Transas Marine International AB ("Transas") for the use of Transas Pilot ("Licensed Application"). You agree that this EULA is enforceable like any written negotiated agreement signed by you. By using all or any portion of the Licensed Application, you accept and agree to be bound by this EULA, just as you would for any other written document signed by you. Please read this EULA carefully. By using all or any portion of the Licensed Application you accept all the terms and conditions of this EULA
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, PRESSING "I AGREE" BUTTON OR OTHERWISE USING THE LICENSED APPLICATION. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE LICENSED APPLICATION.
1. GRANT OF LICENSE: Transas agrees to grant and you agree to accept on the following terms and conditions, a non-transferable non-exclusive license to use Transas Pilot ("the Licensed Application") delivered with this Agreement. This Agreement confers no ownership or title in the Licensed Application and confers no rights whatsoever in any associated source code or in any other intellectual property of Transas or its suppliers.
2. COPYRIGHT: Title, ownership and intellectual property rights to this Licensed Application shall remain vested in Transas and its suppliers. The Licensed Application is protected under copyright law and international treaties. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Licensed Application are obtained, however, the use of such upgrades or updates is governed by this EULA and the amendments that may accompany them and may be subject to additional payments and conditions.
3. LICENSE: This EULA authorises you to use the Licensed Application as provided in the Licensed Application user manuals or published at http://transaspilot.com/eula
This EULA and any of the licenses, programs or materials to which it applies may not be assigned, sub-licensed, hired, lent or otherwise transferred by you. YOU MAY NOT MODIFY, TRANSLATE, DISASSEMBLE, DECOMPILE OR REVERSE-ENGINEER THE LICENSED APPLICATION OR ANY COPY, IN WHOLE OR IN PART, UNLESS TRANSAS PRIOR WRITTEN CONSENT IS OBTAINED OR NOT REQUIRED BY LAW.
4. TERMINATION: This EULA is effective until it is terminated. You may terminate this EULA at any time by destroying all copies of the Licensed Application in your possession or under your control. This EULA will automatically terminate if you violate any of the terms of this EULA. Upon termination of this EULA, all license rights granted to you shall immediately terminate. All other provisions of this EULA shall survive such termination.
5. DISCLAIMER OF WARRANTY: THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. TRANSAS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE LICENSED APPLICATION, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. TRANSAS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, OR THAT THE OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
USE OF THE LICENSED APPLICATION IS AT THE USER'S OWN RISK. THE LICENSED APPLICATION MUST NOT BE USED FOR PRIMARY NAVIGATION. THE LICENSED APPLICATION IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE AS CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS IN WHICH THE FAILURE OF THE LICENSED APPLICATION COULD LEAD DIRECTLY OR INDIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
6. LIMITED LIABILITY: TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRANSAS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS EULA, YOUR USE OF OR INABILITY TO USE THE SOFTWARE, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE LICENSED APPLICATION, EVEN IF TRANSAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Transas may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Transas' liability shall be the minimum permitted under such applicable law.
7. TRANSAS CHARTS: Transas charts are derived from copyright material from other sources such as the Hydrographic Offices of various countries, and Customer shall not infringe these copyrights.
WARNING: THE LICENSED APPLICATION IS ONLY A NAVIGATIONAL AID AND IS NOT A SUBSTITUTE FOR ANY NAVIGATIONAL EQUIPMENT THAT MAY BE REQUIRED UNDER APPLICABLE REGULATIONS OR LAW.
No National Hydrographic Office has verified the information in this product and none accepts liability for the accuracy of reproduction or any modifications made therein. Transas electronic charts are not intended to substitute for official government charts. They do not necessarily contain the latest chart corrections and should always be used in conjunction with updated government paper charts. Transas reserves the right to discontinue charts distribution if the data contained therein do not meet the safety requirements for maritime navigation. In that case the charts will become unavailable for re-installation at your devices.
8. AIS INTERNET DATA: AIS internet data is provided WITHOUT WARRANTY OF ANY KIND. The correctness, validity, and accuracy of the AIS information is not guaranteed and no warranty or assurance is given for its use. The AIS data should not be relied upon to determine precise locations, proximity, distance, or direction or make navigational decisions. Transas assumes no liability for damages arising from use of AIS internet data. Your use of the AIS internet data and services shall be at your own initiative and risk. AIS internet data is sourced from a variety of shore stations around the world and there is no guarantee of service, coverage or availability. The AIS internet data is provided on an "as is" and "as available" basis with no guarantee concerning the non-infringement or suitability for a particular purpose. This service is only available during a stable internet connection. The AIS internet data is copyright of the respective provider and must not be shared, distributed or disseminated by any means.
9. WEATHER DATA: Weather data is provided WITHOUT WARRANTY OF ANY KIND. While supplier of weather data uses reasonable skill and care to ensure the accuracy of the weather data and forecasts provided through our web and software applications, and through third parties by whatever means (including but not limited to third party websites, software, charts and maps), it should always be borne in mind that meteorology, and weather forecasting in particular, are not exact sciences. Therefore weather data and forecasts cannot be relied on as statements of fact. In addition, you should be aware that weather services are provided without warranties or representations of any kind, whether express or implied. Any use you may make of weather services is entirely at your sole risk, and there is not warranted 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 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 data, forecasts or services, to the fullest extent that we may disclaim such responsibilities and liabilities at law.
10. GENERAL: If any of the above provisions or portions thereof are invalid under any applicable law, they are to that extent only deemed to be omitted. This Agreement constitutes the entire agreement between you and Transas relating to the licensing of the Licensed Application. No variation or amendment or addition to the terms and conditions of this Agreement shall be effective unless the prior agreement of Transas in writing shall have been obtained. Any third party supplier of software contained in the Licensed Application may protect its rights in the Licensed Application against violations of this EULA, including any infringement of the third party supplier’s copyrights. The governing law of this Agreement shall be that of the Republic of Ireland.
11. CONSENT TO USE OF DATA: Transas may use tools or third party analytical software to automatically collect and use certain non-personal data, gathered as part of the product support services provided to you, if any, related to the Licensed Application, which does not directly enable Transas to identify you (“non-personal data”). You agree that Transas may collect, use and disclose to Transas’ partners, affiliates and contractors non-personal data, including but not limited to: (i) device properties, including, but not limited to IP address, Media Access Control (“MAC”) address and unique device identifier or other device identifier ("UDID"); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and coarse location; (vi) other non-personal data as reasonably required by Transas solely to improve its products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. Transas uses Flurry Analytics tool in order to develop and analyse use of the Licensed Application. If you wish to opt-out from Flurry analytics, please follow this link: http://www.flurry.com/resources/privacy.html You recognize and agree that the analytics companies utilized by Transas and its affiliates may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.
12. APPLE REQUIREMENTS: You acknowledge and agree that (i) this EULA is concluded between you and Transas, and not Apple, Inc. nor its subsidiaries (hereinafter – “Apple”); (ii) Transas, and not Apple, is solely responsible for the Licensed Application; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application; (iv) in the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application; (vi) Apple is not responsible for any claims that you may have arising out of your use of the Licensed Application; (vii) Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes any third party's intellectual property rights; and (viii) you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof. 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.
Any end-user questions, complaints or claims with respect to the Licensed Application should be directed to the following email address: firstname.lastname@example.org
Transas is the registered trademark of Transas Marine Ltd.