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NAVSIM TECHNOLOGY, Inc. DATA END USER LICENCE AGREEMENT WARNING PLEASE READ! ANY USE WHATSOEVER OF THIS PRODUCT SHALL CONSTITUTE YOUR ACKNOWLEGEMENT OF AND AGREEMENT TO ADHERE TO ALL OF THE TERMS AND CONDITIONS HEREIN. NavSim Technology Inc. (NavSim) is the owner or licensee of all intellectual property rights (including copyright) in this data product. NavSim is licensed by the Government of Canada - Department of Natural Resources Geomatics Canada to modify, repackage, and distribute the Digital Topographic Raster Data (hereinafter referred to as "The Product"). THIS IS A LIMITED USE LICENCE AGREEMENT. In consideration of your payment of the requisite fee, you or your organization, as the case may be (hereinafter referred to as "you", or "the licensee"), are granted a non-exclusive, non-assignable and non-transferable licence to use The Product for navigation and information purposes subject to the following terms and conditions: 1) NavSim and/or Her Majesty the Queen in Right of Canada are the owners of all intellectual property rights, including Copyright and other rights pertaining in any way to The Product. 2) This is a licence to use the current edition of The Product, as supplied, and is not a sale of any, or all, of the rights of the owners. 3) The Product supplied may only be used by you personally, or by one user in your organization, on a single computer workstation, at any one time. If you require concurrent use by additional users, or wish to store this product in any electronic network for use by more than one user, you must obtain an appropriate multi-user licence from NavSim. 4) No part of The Product shall be copied, sold, rented, leased, lent, sublicensed or transferred to any other party or organization for any purpose. You may make one copy solely for back-up purposes, and you may install and use The Product on a separate computer provided that it is not used concurrently on the separate computer by any other person. 5) You may not extract, adapt or use any part of The Product to develop or derive any other data or integrated software product for distribution or commercial sale, without a separate licence to do so. 6) The product is licensed on an 'as is' basis and Her Majesty or NavSim makes no guarantees, representations or warranties respecting The Product, either expressed or implied, arising by law or otherwise, including but not limited to, effective, completeness, accuracy or fitness for a particular purpose. 7) Her Majesty or NavSim shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from Licensee's possession or use of The Product. Her Majesty or NavSim shall not be liable in any way for loss of revenue of contracts, or any other consequential loss of any kind resulting from any defect in The Product. 8) The licensee shall indemnify and save harmless Her Majesty, NavSim, and the Minister and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the Licensee's possession or use of The Product. 9) The licensee shall register The Product with NavSim at the time of installation. 10) The laws of Newfoundland and Labrador and all the applicable laws of Canada shall apply to the interpretation of this Licence Agreement. 11) It is your responsibility to ensure that your use of The Product complies with these terms, and to seek prior written permission from NavSim for any uses not permitted or not specified in this Agreement. 12) This Licence agreement will automatically terminate, without notice, if any terms herein are violated, in which case all use of The Product shall cease. ANY USE WHATSOEVER OF THIS PRODUCT SHALL CONSTITUTE YOUR ACKNOWLEGEMENT OF AND AGREEMENT TO ADHERE TO ALL OF THE TERMS AND CONDITIONS HEREIN. ----------------------------------------------------------------------------------------------------------------------------------- END-USER LICENSE AGREEMENT FOR MAPTECH CARTOGRAPHY [08-04-2004] WARNING! READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS PRODUCT! BY USING THIS MAPTECH, INC. PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND THIS LICENSE AGREEMENT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY RETURN THIS PRODUCT TO THE PLACE WHERE YOU PURCHASED IT, AND YOUR MONEY WILL BE REFUNDED. DESCRIPTION OF THE PRODUCT: This Maptech, Inc. ("Maptech") product may include (i) one or more software programs, (ii) one or more databases of map or chart data, (iii) one or more databases of other data, (iv) text and graphics, and/or (v) photographs (all such material is collectively referred to herein as the "Product"). Certain portions of the Product are made available to you over the Internet from Maptech's website (the "Website"). YOU ARE SOLELY RESPONSIBLE FOR OBTAINING INTERNET ACCESS FOR SUCH PURPOSE. Certain portions of the Product may be owned by Maptech, and other portions of the Product may be owned by one or more third parties, including without limitation one or more agencies or instrumentalities of the United States Government or other governments, and licensed to Maptech for use as provided in this License Agreement. Your use of the Product is subject to all of the terms and conditions of this License Agreement. GRANT OF LICENSE: Maptech hereby grants to you a non-exclusive license during the License Term (as defined below) to use (i) the standard components of the Product, and (ii) those portions of the Product obtainable from the Website (the "Website Software and Data") which you obtain from the Website. Maptech expressly reserves any and all rights which it may have in or to the Product which are not expressly licensed by Maptech to you hereunder, including but not limited to any and all such copyrights, patent rights and other intellectual property rights. In no event shall you make any use of the Product for commercial purposes except as expressly permitted herein, it being understood that, except as so expressly permitted, your sole rights with respect to the Product shall be to use the Product for your own benefit and not for the benefit of any third party. ACCESS TO THE WEBSITE: Your purchase of the Product entitles you to use the Website while the Website is being operated by Maptech. You understand and agree that Maptech may at it sole discretion discontinue the operation of the Website without notice at any time after one (1) year from the date of your purchase of the Product. LICENSE TERM AND TERMINATION: The term of the license granted to you hereunder (the "License Term") will commence upon your acceptance of the terms of this License Agreement and will continue indefinitely thereafter unless and until the License Term shall be terminated as provided herein. The License Term may be terminated as follows: (a) You may terminate the License Term at any time, with or without cause, effective upon your delivery to Maptech of written notice of termination; (b) The License Term shall terminate immediately and without notice if you shall be in breach of any material provision hereof. All of the provisions of this License Agreement which are not expressly limited to the period of the License Term, including without limitation the provisions regarding disclaimers of warranties, limitations of liability, remedies and proprietary rights, shall survive the termination of the License Term. Promptly following the termination of the License Term, you shall either destroy or return to Maptech any and all copies of the Product which may then be in your possession or under your control, including without limitation all such copies which may be in printed form, computer memory or any other machine-readable form. RESTRICTIONS ON USE: Your use of the Product is subject to the following restrictions and requirements:(a) You agree that you will not modify, decompile, disassemble or otherwise reverse engineer the Product in any way; (b) Except as expressly permitted herein, you agree that you will not make any copies of the Product for any purpose. WARNING REGARDING NAVIGATIONAL USE: THE PRODUCT IS INTENDED SOLELY AS AN AID TO NAVIGATION. YOU UNDERSTAND AND ACKNOWLEDGE THAT NAVIGATION REQUIRES THE APPLICATION OF SOUND JUDGMENT AND EXPERTISE IN THE PROCESS OF INTEGRATING NAVIGATIONAL INFORMATION FROM ALL AVAILABLE SOURCES. THE PRODUCT SHOULD NEVER BE USED AS THE SOLE SOURCE OF INFORMATION FOR NAVIGATION. LIMITED WARRANTY: Maptech represents and warrants to you that (i) all portions of the Product are either owned by Maptech or licensed to Maptech pursuant to a license agreement which grants to Maptech the right to grant to you the license described in this License Agreement, (ii) your use of the Product as described herein will not infringe upon any patent, copyright, trade secret or other proprietary right of any third party, and (iii) throughout the thirty (30) day period immediately following the commencement of the License Term, the Product will be free of material defects in materials and workmanship which preclude you from using the Product for its intended purpose. If you are not completely satisfied with the Product for any reason, you may return the Product to the place of purchase within thirty (30) days of purchase, together with your original receipt and the Product's supporting literature, packaging, and your purchase price will be refunded. EXCEPT AS EXPRESSLY PROVIDED ABOVE, MAPTECH MAKES NO WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT OR ITS CAPABILITY, VALIDITY, ACCURACY OR RELIABILITY. MAPTECH HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, AND YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BEAR THE ENTIRE RISK WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE PRODUCT. YOU EXPRESSLY ACKNOWLEDGE THAT MAPS AND CHARTS ARE SUBJECT TO CONTINUOUS REVISION BASED UPON THE AVAILABILITY OF ADDITIONAL DATA AND CHANGES IN FACTS OR CIRCUMSTANCES, AND THAT CERTAIN TYPES AND SCALES OF CARTOGRAPHY DO NOT PERMIT ONE HUNDRED PERCENT (100%) COMPLETE, ACCURATE AND CONSISTENT COVERAGE FOR ANY PARTICULAR GEOGRAPHICAL AREA. ACCORDINGLY, MAPTECH DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED IN THE PRODUCT WILL BE ONE HUNDRED PERCENT (100%) COMPLETE, ACCURATE OR CONSISTENT, OR THAT YOUR SYSTEM WILL BE ABLE TO OPERATE THE PRODUCT WITHOUT INTERRUPTION. YOU ACKNOWLEDGE THAT ACCESS TO THE WEBSITE WILL NOT BE UNINTERRUPTED OR ERROR FREE, AND THAT MAPTACH HAS NOT MADE ANY REPRESENTATION OR WARRANTY AS TO THE PERIODS OF THE WEBSITE'S AVAILABILITY, THE AVAILABILITY OF TECHNICAL SUPPORT, OR THE RESPONSE TIMES WHICH YOU MAY EXPERIENCE WHEN USING THE WEBSITE. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific rights, and you may also have other rights, which vary from state to state. LIMITATION OF LIABILITY: IF MAPTECH SHALL BE IN BREACH OF ANY PORTION OF THE LIMITED WARRANTY SET FORTH ABOVE, THEN, AT THE ELECTION OF MAPTECH, MAPTECH SHALL USE REASONABLE EFFORT EITHER TO MODIFY OR TO REPLACE THE PRODUCT WITH A COMPARABLE PRODUCT WHICH DOES NOT RESULT IN A BREACH OF SUCH LIMITED WARRANTY. IN NO EVENT SHALL MAPTECH BE LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY ERRORS OR OMISSIONS IN ANY GOVERNMENT CARTOGRAPHY AND DATA OR IN ANY OTHER CONTENT SUPPLIED TO MAPTECH BY ANY THIRD PARTY AND INCLUDED WITHIN THE PRODUCT. IN NO EVENT SHALL MAPTECH BE LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY NAVIGATIONAL USE OF AERIAL PHOTOGRAPHS AND/OR TOPOGRAPHIC MAPS AND/OR U.S. ARMY CORPS OF ENGINEERS CHARTS AND/OR CONTOUR CHARTS AND/OR ELEVATION MODELS AND/OR TIDE AND CURRENT DATA AND DISPLAYS AND/OR LIGHT LIST DATA AND DISPLAYS WHICH MAY BE INCLUDED WITHIN THE PRODUCT. IN NO EVENT SHALL MAPTECH BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR LOST PROFITS, ECONOMIC LOSSES, OR ANY OTHER CONSEQUENTIAL DAMAGES, OR FOR EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, ARISING OUT OF ANY BREACH BY MAPTECH OF ANY WARRANTY, AGREEMENT OR OBLIGATION CONTAINED HEREIN, EVEN IF MAPTECH SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF MAPTECH FOR ACTS OR OMISSIONS RELATING TO OR ARISING OUT OF THE PRODUCT, INCLUDING WITHOUT LIMITATION ANY SUCH LIABILITY BASED ON OR ARISING OUT OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, SHALL BE LIMITED AS SET FORTH IN THIS PARAGRAPH, AND IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MAPTECH TO YOU WITH RESPECT THERETO EXCEED THE AGGREGATE AMOUNT WHICH YOU SHALL THEN HAVE PAID TO MAPTECH WITH RESPECT TO THE PRODUCT. Some states do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. U.S. GOVERNMENT RESTRICTED RIGHTS: Certain software and documentation which may be included within the Product are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 2525.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable. The Manufacturer is Maptech, Inc., 10 Industrial Way, Amesbury, Massachusetts 01913 USA. OWNERSHIP OF THE PRODUCT: The Product and all copies thereof, including without limitation any and all translations, compilations, partial copies, extracts, excerpts, summaries, modifications and enhancements thereof, are and shall remain the sole and exclusive property of Maptech and its suppliers. All applicable rights to patents, copyrights, trademarks and trade secrets in the Product, including without limitation all such rights under U.S. Patent No. 5,727,090, are and shall remain in Maptech and such suppliers. To the extent that you may acquire any right or interest in or to the Product, other than the rights and license expressly granted to you herein, you agree that you shall be deemed to have assigned such rights to Maptech. INDEMNIFICATION: You agree to indemnify, defend and hold Maptech harmless from and against any and all loss, cost, damage, liability and expense (including without limitation reasonable attorneys fees, court costs, and other reasonable litigation and arbitration expenses) which Maptech may suffer, sustain or incur as a result of, arising out of, or relating to your breach of any of your representations, warranties or agreements contained herein. ARBITRATION: If any dispute or controversy shall arise between Maptech and you with respect to the Product, this Agreement, or any rights or obligations hereunder, and if such dispute or controversy shall not have been resolved within ten (10) business days next following the date upon which such dispute or controversy shall have arisen, then except as otherwise provided in this Paragraph, such dispute or controversy shall be submitted to the Chicago, Illinois office of the American Arbitration Association for arbitration by one arbitrator in accordance with the American Arbitration Association's commercial arbitration rules as then in effect. Such arbitrator shall be authorized to award any relief which he or she may deem proper in the circumstances, without regard to the relief that would otherwise be available in a court of law or equity, including without limitation an award of money damages, equitable relief, attorneys fees, and other arbitration and litigation costs and expenses. Any such award, and the findings of such arbitrator, shall be conclusive and binding upon the parties hereto, and judgment upon such award may be entered in any court of competent jurisdiction which is described below. Notwithstanding the foregoing, Maptech shall have the right to file an action in a state or federal court described below, without submitting such dispute or controversy to arbitration, if in good faith Maptech seeks a remedy in nature of a temporary restraining order or a temporary or permanent injunction. SEVERABILITY: The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision hereof, and except as otherwise expressly provided herein any such provision which is adjudicated to be invalid or unenforceable by a court of competent jurisdiction shall be severed from this Agreement. ASSIGNMENT: Your rights and obligations hereunder are personal to you and are not subject to voluntary or involuntary alienation, transfer, delegation or assignment by you. For purposes hereof, your rights and obligations hereunder shall be deemed to be alienated, transferred, delegated or assigned if you shall be merged or consolidated with or into any other entity, or if you shall be controlled by any person or entity other than the persons and entities which control you as of the date hereof. The rights and obligations of Maptech hereunder shall inure to the benefit of and be binding upon Maptech's successors and assigns. WAIVER: Failure to insist upon strict compliance with any of the terms or conditions hereof shall not be deemed a waiver or relinquishment of such term or condition, nor shall any waiver or relinquishment of any right or remedy hereunder at any one or more times be deemed a waiver or relinquishment of such right or remedy at any other time or times. ENTIRE AGREEMENT: This Agreement contains the entire agreement between Maptech and you with respect to the subject matter hereof, and all prior negotiations, understandings and agreements are merged herein. This Agreement may not be amended or rescinded except pursuant to a written instrument signed by the party against whom enforcement is sought. GOVERNING LAW: This Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of laws provisions. Except as otherwise provided above, any litigation regarding the interpretation, breach or enforcement of this Agreement or of any arbitration award issued pursuant to the terms above shall be filed in a state court of appropriate jurisdiction located in Cook County, Illinois or in a federal court of appropriate jurisdiction in the Northern District of Illinois, and each of the parties hereto hereby submits itself to the exclusive jurisdiction of such courts for such purposes. [END OF AGREEMENT] ----------------------------------------------------------------------------------------------------------------------------------- The NOAA electronic navigational chart (NOAA ENCŪ) files that may be downloaded from the National Oceanic and Atmospheric Administration (NOAA) that are labeled as "Version 2" data are official products. Official ENCs are suitable for navigation under the following regulations and policies, and in the following circumstances: On May 2, 2001, the United States Coast Guard amended the chart carriage regulations to permit government vessels to use electronic charting and navigation systems in lieu of paper charts. On August 15, 2002, the United States Coast Guard issued a statement of policy to bring its regulations into agreement with SOLAS Chapter V (as amended by the changes taking effect July 1, 2002). The policy statement said that, if a ship has an approved ECDIS installed according to SOLAS, Chapter V, the ECDIS will be considered as meeting the ship's nautical chart carriage regulations. The ships that are affected are: U.S.-flagged ships of 150 or more gross tons that engage on international voyages. U.S.-flagged ships certificated solely for service on the Great Lakes and the St. Lawrence River. Foreign-flag ships to which SOLAS, Chapter V, applies that are operating on the navigable waters of the United States. This policy is not applicable to U.S.-flag ships engaged only on domestic voyages. These ships must continue to comply with existing navigation equipment requirements until the chart carriage regulations are formally amended. The NOAA ENCŪ files available from this site are updated for Notices to Mariners on at least a monthly basis. Users are encouraged to check the site frequently and download the latest versions of the files. Updates are currently available only as a complete, revised NOAA ENCŪ file. Incremental updates (also called ENC Revision or "ER" files) will be available in the near future. Note that any NOAA ENCŪ listed as "Version 1" is NOT intended for navigational use. This is clearly indicated in the cell title column by the annotation "Not for Navigation". These files are being converted to Version 2 as resources permit, so users are encouraged to check the site to determine if an official version of a file is available. More information about the differences between Version 1 and Version 2 NOAA ENCŪs may be found here. Copying, reproduction of the NOAA ENCŪs to any other server or location for further reproduction or redistribution is discouraged unless the following guidelines are followed: 1) the NOAA ENCŪs and supplementary files including the CATALOG.031 and README.TXT are included in their entirety, 2) this disclaimer is displayed to and accepted by anyone who accesses the NOAA ENCŪs, and 3) a reference to this Web site is included so that anyone accessing the NOAA ENCŪs is advised of where they originated. If these NOAA ENCŪs are incorporated into any other product in a form other than as provided by NOAA, the producer of that product assumes full liability and must adhere to conditions 2 and 3 described in the paragraph above concerning copying or reproduction. By clicking on the link below to proceed to download the NOAA ENCŪs, the user acknowledges that they have read and agree to the above terms and conditions.
Copyright NavSim Technology Inc. 2002-2008
