The following terms are in
addition to the standard X-Traverse
Terms of Service. These
charts are:
- compatible only
with
Fugawi
Marine ENC, Fugawi
Global Navigator or Geonav
MapMapster for Windows PC, or GPSNavX
or MacENC
for Mac OS X or iNavX™
App for iPad™, iPhone, or iPod touch;
- available for activation
on one device listed above plus one additional
device as a backup;
- downloaded directly
to your software via the internet and stored locally for offline use;
- available for re-download
to the two device on which they were first activated on for up to 1-year,
provided your X-Traverse Data Account remains active.
By purchasing or using these charts, you also agree that you
have read and understand the following:
WARNING
- This electronic chart is an aid to navigation designed to facilitate the use
of authorized government charts, not to replace them. Only official PAPER government
charts and notices to mariners contain all of the current information needed
for the safety of navigation, and the captain is responsible for their prudent
use.
END
USER LICENSE AGREEMENT ("EULA")FOR CHS DIGITAL NAUTICAL PRODUCTS
FROM HER
MAJESTY THE QUEEN IN RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF FISHERIES
AND OCEANS, ON BEHALF OF THE CANADIAN HYDROGRAPHIC SERVICE (the "Crown")
615 Booth Street, Ottawa, Ontario, K1A 0E6
NOTICE
TO USERS: Please read the End User Licence Agreement for the enclosed CHS Digital
Nautical Product carefully.
This is an End User Licence Agreement
between you and the Crown for the enclosed CHS Digital Nautical Product.
1.0 DEFINITIONS
"Backup" means one copy
of the Product installed on the same or another device owned by you, as set
out in clause 2.1(a) of this Agreement
"CHS Digital Nautical Product"
or "Product" means the enclosed product containing raster (BSB) or
vector (S57 ENC) charts, including any associated software, hardware, media,
printed materials, and "online" or electronic documentation.
“Crown's Data” means
Data of which the Intellectual Property Rights rests with the Crown.
“Crown's Licensed Intellectual
Property” means Data where intellectual property licences have been conferred
upon the Crown by third parties for the use of that Data.
“Data” means any expressed
data, fixed in a form giving rise to Intellectual Property Rights.
“End User(s)” means any
individual, corporation or organization to whom CHS directly or indirectly distributes
and grants a licence for use of the Product. End Users do not have the right
to re-distribute, sell, grant sub-licences to, nor use the CHS Digital Nautical
Product, in whole or in part, to develop new products.
“EULA” means this End
User Licence Agreement.
“Intellectual Property Rights”
means any and all intellectual property rights recognized by the law, including
but not limited to intellectual property rights protected through legislation.
"Update" or "Product
Update" means updates to the Product which may consist of a new chart,
a new edition of a chart, or an electronic file, in CHS's sole discretion, as
set out in clause 5.0 of this Agreement.
2.0 LICENCE GRANT
2.1 In consideration of your payment
and subject to this EULA, you are granted a non-exclusive, non-assignable and
non-transferable licence to use the Product for personal use, subject to the
terms and conditions set out below:
(a) This
licence is for the installation and use of the Product by you on your own primary
device, plus installation of one backup on the same or another device owned
by you.
This licence is not a licence for
multiple, non-concurrent or concurrent network users/workstations; for such
uses, a site licence is required directly from CHS.
(b) You shall not, nor allow nor
direct any person to:
(i) Disassemble, decompile or in
any way attempt to reverse engineer software associated with the Product;
(ii) Extract, adapt or use any part
of the Product to develop or derive any other product for distribution or commercial
purposes or for the provision of any navigational information service without
a separate licence from CHS to do so;
(iii) Copy, publish, communicate
or redistribute the Product or any part of the Product, except one backup as
set out in clause 2.1(a) above; or
(iv) Sell, rent, lease, lend, sublicense
or transfer to any other individual or organization the Product for any purpose
whatsoever.
3.0 COPYRIGHT AND OTHER INTELLECTUAL
PROPERTY RIGHTS
3.1 All title and Intellectual Property
Rights in and to the Product shall at all times remain the property of the Crown.
3.2 All title and Intellectual Property
Rights in and to Data which is not the Crown's Data ("Crown's Licensed
Intellectual Property") are the property of the respective content owners
and may be protected by copyright, other intellectual property laws, common
law or international treaties.
3.3 At any time while this agreement
is in effect or after the expiry or termination of this Agreement, you agree
not to use or adopt any trade mark, trade name, trading style or commercial
designation that includes or is similar to or may be mistaken for the whole
or any part of any trade mark, official mark, logo or domain name used by CHS
or the Crown, unless with the prior written consent of CHS.
3.4 This is a licence to use the
Product as supplied, and is not a sale or assignment of any, or all, of the
rights of the Crown thereto.
3.5 In the event your intended use(s)
of the Product falls outside the scope of this Agreement, you agree to request
written authorization from CHS, prior to such use.
4.0 REPRESENTATIONS, WARRANTIES,
INDEMNITIES
4.1 The Crown does not make any representation
or warranty of any kind with respect to the accuracy, usefulness, novelty, validity,
scope, completeness or currency of the Product; and the Crown expressly disclaims
any implied warranty of merchantability or fitness for a particular purpose
of the Product.
4.2 The Crown does not ensure or
warrant compatibility with past, current or future versions of operating systems
to access the Product.
4.3 The Crown assumes no obligation
or liability whatsoever for the provision of updates to the Product or the provision
of notices in relation to the Product or for the failure to do so.
4.4 In no event shall the Crown or
its employees, contractors or its agents be liable, whether by way of any suit
or action or other, for any loss, liability, damage or cost that you may suffer
or incur at any time, by reason of your possession or use of the Product or
arising out of the exercise of your rights under this Agreement.
4.5 You shall indemnify the Crown
and its employees, contractors and agents from and against and be responsible
for all claims whatsoever alleging loss, costs, including solicitor and client
costs, expenses, damages or injuries including injuries resulting in death,
actions, suits, or proceedings, by whomsoever made, brought, and prosecuted,
in any manner arising out of your possession or use of the Product or from your
exercise of your rights under this Agreement.
4.6 Your obligation to indemnify
the Crown under this Agreement shall not affect or prejudice the Crown from
exercising any other rights under law.
4.7 GPS Navigational Disclaimer.
All Global Positioning System (GPS) receivers are subject to positional error,
malfunction, and failure. Prudent mariners do not rely on a single aid to navigation.
Although every effort has been made to make the CHS Digital Nautical Product
as accurate as possible, the location of geographic features may not coincide
with positions obtained when using GPS. Differences between charted information
and present conditions may be caused by the level of accuracy of the original
survey and natural or man-made changes since the date of survey.
4.8 Datum Shift Note. All chart data
are produced with the appropriate NAD83 datum shifts applied. Therefore when
viewing a chart referenced to a geodetic datum other than NAD83, the geographic
grid or border location may not agree with the cursor or vessel's GPS position.
To display your vessel's position correctly on the Digital Nautical Product,
the geographic position provided by the GPS receiver must be referenced to NAD83.
Please ensure the datum for your GPS receiver is set to NAD83.
5.0 REGISTRATION AND UPDATES OF THE
PRODUCT
5.1 You are required to register
your Product, within 30 days of purchase with regard to installation on your
primary device, and during the term of this Licence with regard to your backup
device. CHS reserves the right to require proof of purchase prior to registration.
5.2 The Products are produced once
a year, and updates are issued from time to time during the year.
5.3 You are responsible for obtaining
information about any necessary updates to your Product, by monitoring the Notices
to Mariners system at www.notmar.ca.
5.4 You are entitled to receive free
updates from CHS to the end of the licence period. The updates may consist of
a new chart, a new edition of a chart, or an electronic file, in CHS's sole
discretion.
5.5 For information on registration
of your Product, the frequency of updates for your Product, or how to obtain
updates for your Product, see www.charts.gc.ca.
5.6 For safety reasons, outdated
versions of the Products should NOT be used for navigational purposes.
6.0 TERM
6.1 This EULA is effective for one
year from the date of purchase of the Product.
7.0 TERMINATION
7.1 This EULA may be terminated automatically
and without notice, if you commit or permit a breach of any of your covenants
or obligations under this Agreement.
7.2 Upon the termination of the Agreement,
for whatever reason:
(a) Clauses 4.4 and 4.5 shall survive;
(b) Your rights under clause 2.0
shall immediately cease; and
(c) You shall destroy the Product
as well as any backup copies made thereof.
8.0 GENERAL
8.1 This EULA shall be construed
and enforced in accordance with, and the rights of the parties shall be governed
by, the laws of the province in which the Product was purchased, and of Canada;
or if the Product was purchased outside Canada, then by the laws of Ontario
and of Canada.
8.2 If a dispute arises between the
parties concerning this Agreement, the parties shall attempt to resolve the
matter by negotiation, mediation or arbitration in accordance with the federal
Commercial Arbitration Act.
8.3 Any notices or other communications
under this EULA shall be in writing and shall be addressed to:
Canadian Hydrographic Service
615 Booth St.
Ottawa, ON K1A 0E6
Fax 613-996-9053
chsinfo@dfo-mpo.gc.ca
8.4 This
EULA constitutes the entire agreement between the parties with respect to its
subject matter. This EULA may only be amended in writing, signed by both parties,
which expressly states the intention to amend this EULA.
9.0 ACKNOWLEDGEMENT AND AGREEMENT
BY USE
9.1 Any use whatsoever of this product
shall constitute your acknowledgement of and agreement to adhere to all of the
terms and conditions herein.
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