The
following terms are in
addition to the standard X-Traverse
Terms of Service. These
Hilton's Realtime Navigator charts are:
- compatible
only with with Fugawi
Marine ENC™ software for PC, MacENC™
software for Mac OS X and iNavX™
App for iPhone™ 3GS, 3G, the original iPhone or iPod touch;
- available
for activation and use on any two devices;
- downloaded
directly to your software via the internet and stored locally for offline
use; and
- replaced
on your device with more recent charts ("snapshots") every time
you perform a chart update.
By purchasing
or using these charts, you also agree that you have read and understand the
following HILTON’S END USER LICENSE AGREEMENT:
This License
Agreement (the “Agreement”) is between you (the user) and Hilton’s
Fishing Charts, LLC (“Licensor”).
1. Grant
of License.
1.1 Licensor
hereby grants to you a non-exclusive, non-transferable (except as permitted
below), perpetual right to use Licensor’s and its suppliers’ computer
software, data associated media, and electronic documentation (collectively,
the “Product”) as transmitted in electronic format from X-Traverse.com,
under license from Licensor. Your license is subject to the terms and conditions
of this Agreement and subject to timely payment of applicable license fees and
other charges.
1.2 You
shall only use the Products subject to the restrictions described herein. Licensor
expressly reserves any and all rights which it may have in or to the Product
and which are not expressly licensed by Licensor to you under this Agreement.
1.3 You
may install and use a copy of the Product on any two X-Traverse supported software
products.
2. Restrictions.
Except as
specifically permitted herein, you may not: network, rent, sell, publish, loan,
modify, sub-license or lease the Product to others; or reverse engineer, reverse
translate, decompile, disassemble or in any manner decode the Product or attempt
to discover the source code of the Product, except as otherwise permitted by
law. You may assign your rights under this Agreement on a permanent basis provided
the assignee agrees in writing to the terms of this Agreement.
3. Product
Registration.
Certain
features of the Product, including but not limited to technical support and
software updates, require that the Product be registered to you.
4. Termination.
You may
terminate this Agreement at any time. Licensor may immediately terminate this
Agreement if you breach any representation, warranty, agreement or obligation
contained or referred to in this Agreement, with no refund due. Upon termination,
you will immediately return to Licensor the original and all copies of the Product
and erase all copies from your computers.
5. Proprietary
Rights and Confidentiality.
The Product
is solely owned by Licensor and its suppliers, and it is protected by trade
secret, copyright and patent laws. You will take all steps necessary to protect
Licensor's and its suppliers’ proprietary rights in the Product, including,
but not limited to, the proper display of copyright, trademark, and other proprietary
notices on any versions or copies in any form of the Product, including copies
stored on diskettes, hard drives or other media. You will, at your own cost
and expense, protect and defend Licensor's ownership of the Product against
all claims, liens and legal processes of your creditors and will keep the Product
free and clear of all such claims, liens and processes.
6. Support
and Updates.
Technical
support is available to registered users of the Product at no charge for one
year after the date of purchase of the license to the Product. Updates to the
Product will be provided as described on Licensor’s web site (www.rt-nav.com
and/or www.hiltonsoffshore.com).
Any updates to the Product shall be deemed to be part of the Product and shall
be governed by the terms and conditions of this Agreement.
7. Disclaimer
of Warranties by Licensor and Warranty From You.
7.1 THE
PRODUCT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. LICENSOR
FURTHER DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT FOR THE PRODUCT. LICENSOR MAKES NO GUARANTEES, REPRESENTATIONS
OR WARRANTIES ABOUT THE SUITABILITY OR THE ACCURACY OF THE INFORMATION CONTAINED
IN THE PRODUCT AND OTHER INFORMATION PROVIDED TO YOU BY LICENSOR OR REGARDING
THE USE, OR THE RESULTS OF USE, OF THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE PRODUCT. THE INFORMATION PROVIDED BY LICENSOR COULD INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
7.2 You
warrant that: (i) all individuals having access to the Product will adhere to
all the terms and conditions of this Agreement; (ii) you shall, at your own
expense, promptly enforce the restrictions in this Agreement against any person
who gains access to the Product in violation of the terms; (iii) you shall immediately
notify Licensor in writing of any misuse, misappropriation or unauthorized disclosure,
display or copying of the Product that may come to your attention; and (iv)
the person accepting the terms of this Agreement has actual authority to bind
his or her organization and its other users who will gain access to and use
of the Product to each and every term, condition and obligation to this Agreement.
8. Indemnification.
You agree
to indemnify, defend and hold harmless Licensor and its suppliers from and against
any and all claims, costs, liabilities, damages and expense (including, but
not limited to reasonable attorneys fees and legal costs), including claims
by third parties, which Licensor may incur as result of your breach of any of
the terms and conditions of this Agreement and/or use of the Product.
9. Limitation
of Liability.
9.1 NOT
FOR NAVIGATION: THESE CHARTS ARE PROVIDED TO ASSIST YOU IN FINDING WHERE THE
FISH ARE MOST LIKELY TO BE POSITIONED AND ARE NOT INTENDED TO BE USED AS NAVIGATIONAL
CHARTS. NO LIABILITY WILL BE ASSUMED BY BY HILTON’S FISHING CHARTS LLC,
ITS OFFICERS OR SHAREHOLDERS FOR ANY ERRORS IN ACCURACY OR OF OMISSION.
9.2 IN
NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING THE FOREGOING,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO
USE THE PRODUCT OR FOR ANY CAUSE OF ACTION, INCLUDING IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
9.3 ANY
DAMAGES THAT LICENSOR IS REQUIRED TO PAY FOR ANY PURPOSE WHATSOEVER IN THE AGGREGATE
SHALL BE LIMITED TO THE LICENSE FEES PAID FOR USE OF THE PRODUCT. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU UNDER THE LAWS OF THOSE
STATES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF ANY TRANSACTION UNDER
THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER YOU HAVE KNOWLEDGE
OF THE OCCURRENCE WHICH GIVES RISE TO THE CAUSE OF SUCH ACTION.
The parties
to this Agreement have each agreed to the fees and entered into this Agreement
in reliance upon the limitations of liability and disclaimers of warranties
and damages set forth in this Agreement, that the same form an essential basis
of the bargain between the parties, and that they shall not be removed, even
in the event of the failure of an essential purpose of a remedy.
10. Injunctive
Relief.
Because
of the unique nature of the Product, you understand and agree that Licensor
will suffer irreparable injury in the event you fail to comply with any of the
terms of this Agreement and that monetary damages may be inadequate to compensate
Licensor for such breach. Accordingly, you agree that Licensor will, in addition
to any other remedies available to it at law or in equity, be entitled to injunctive
relief, without posting a bond, to enforce the terms of this Agreement.
11. Miscellaneous.
You shall
also pay all freight, transportation, insurance, media-related costs and taxes
and other governmental charges, however characterized (except based on Licensor's
income), in connection with your licensing of the Product. Licensor shall be
neither in default nor liable for any failure in performance or loss or damage
under this Agreement due to any cause beyond its control. This Agreement shall
inure to the benefit of Licensor and its successors, administrators, heirs and
assigns.
12. Acknowledgment
of Understanding - Entire Agreement.
You acknowledge
that you have read this Agreement, understand it and agree to be bound by its
terms and conditions. You also agree that this Agreement is the complete and
exclusive statement of the agreement between Licensor and you and supersedes
all proposals, representations or prior agreements, oral or written, and any
other communications between Licensor and you relating to the subject matter
of this Agreement. This Agreement may not be amended, except by an agreement
in writing which is signed by authorized representatives of Licensor and you.
13. Governing
Law and Venue.
This Agreement
shall be governed by the laws of the State of Texas, but not including the 1980
United Nations Convention on Contracts for International Sale of Goods. Exclusive
venue for any action under this Agreement shall be in Fort Bend County, State
of Texas. You consent to the personal jurisdiction of the courts of such venue.
14. Questions.
Questions
regarding the above document may be sent via email to hilton@rt-nav.com.
>>Click to Enlarge