Conditions of Use

Terms and Conditions (EULA)

SII TECH MARINE INC. DATA LICENSE AGREEMENT

PLEASE READ THIS ENTIRE DATA LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY IN ITS ENTIRETY BEFORE DOWNLOADING, INSTALLING, ACCESSING AND USING THIS DATA.  THIS AGREEMENT IS LEGALLY BINDING UPON YOU (“YOU”) AND SII TECH MARINE INC. WHO ENTERS INTO THIS AGREEMENT ON BEHALF OF ITSELF AND IT’S SII TECH MARINE INC. AFFILIATES WHEREVER LOCATED (HEREINAFTER COLLECTIVELY REFERRED TO AS “SII TECH MARINE INC.”).  BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THIS DATA, YOU ARE AGREEING TO EACH TERM OF THIS AGREEMENT INCLUDING THE RESTRICTIONS ON USE, LIMITED WARRANTY AND DISCLAIMER, AMONG OTHER THINGS.  IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON THEIR BEHALF.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PROMPTLY RETURN THE DATA AND ACCOMPANYING MATERIALS TO THE PLACE WHERE YOU PURCHASED IT. ALL DATA SALES ARE NON-REFUNDABLE ONCE YOU HAVE ACCEPTED THIS AGREEMENT AND USED THE DATA.

AS A PARTY TO THIS AGREEMENT, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

All (a) data including but not limited to, digital charts and any other supplemental information whether intended to aid navigation or not, and any updates thereof supplied to You by SII TECH MARINE INC. under this Agreement shall be subject to the terms and conditions of this Agreement. The terms and conditions set out in this Agreement supersede all other documents concerning the Data, Materials and Services, including previous versions of this Agreement.

1. OWNERSHIP AND COPYRIGHT. SII TECH MARINE INC. and/or its third-party licensors shall retain all rights, title and interest in the copyrights, database rights and other neighboring rights, patents, trade secrets, trademarks, service marks, design rights, proprietary information rights and other intellectual property rights as may exist anywhere in the world in the Data.  The Data and certain Materials may be protected by copyright, database rights and other neighboring rights.  To the maximum extent permitted by applicable law, such protected works may not be copied, reproduced, translated, modified, adapted, reversed-engineered, decompiled, stored in a retrieval system, or retransmitted in whole or in part, in any form or by any means.  This Agreement does not grant you any rights in connection with any trademarks or service marks of SII TECH MARINE INC.  All rights not expressly granted are reserved by SII TECH MARINE INC. and/or its authorized third-party licensors.

2. LICENSE. The Data You are about to load is licensed, not sold, either on a single usage or limited networking basis in a navigation system.  Subject to the terms and conditions herein, SII TECH MARINE INC. grants to You the non-transferable, personal, non-exclusive right to use the Data, Materials and Services .The term of the license is a time limited license based on the specific product You have acquired. It is mandatory for all SOLAS vessels to register IMO number at the time of the purchase. Based on ENC Licence On board a vessel, End-Users are allowed to use unlimited display screens within a single End-User license. These screens must be a part of a single vessel´s navigation and/or operational system. 5 A maximum of 5 (five) hardware systems per license are allowed for shore-based installations for single End-User licenses. Shore based installations are defined as office use, VTS, pilots and maritime inspectors, etc. In this instance, pilots are defined as separate End-Users, each requiring a separate license. Each pilot can use their ENC license on a maximum of five hardware systems (e.g. PPU, PC, laptop, tablet, cell phone).  Exceptions Singapore and Japan ENCs are allowed to be used on a maximum of 2 (two) systems. Malacca & Singapore Straits (MSS) and Hong Kong Pearl River Delta ENCs are allowed to be used on a maximum of 3 (three) systems. 

3. RESTRICTIONS ON USE. THE DATA AND OTHER THINGS PROVIDED HEREUNDER ARE FOR PRIVATE USE ONLY AND NOT FOR COMMERCIAL USE.  Except (i) as otherwise expressly authorized herein or (ii) as expressly allowed by mandatory applicable law, or (iii) for the initial loading and other operations necessary for legal utilization of the Data, You may NOT (a) copy, duplicate, reproduce or publish the Data or the Materials or any of their contents; (b) electronically transfer the Data or the contents of the Materials to multiple computers for concurrent use over a network; (c) distribute, sell, or otherwise transfer copies of the Data or the Materials to others by any means whatsoever; (d) in whole or in part change, modify, adapt, translate, reverse engineer, disassemble or decompile the Data or the Materials or create derivative works based on the Data or the Materials; (e) assign, rent, exchange, lend, lease or sublease the Data or the Materials or any copies thereof; (f) bundle, re-package, or include the Data or the Materials with any software in any way; or (g) remove or obscure any SII TECH MARINE INC. or other third party copyright or trademark notices.  Any unauthorized reproduction, use, or transfer of the Data or the Materials may be a crime and may subject You to damages and attorneys’ fees. You agree to use reasonable efforts to protect the Data and Materials from unauthorized use, reproduction, distribution or publication.

4. TERMINATION. Without prejudice to any other rights governed by this Agreement, the license to use the Data and the Materials and any right to receive Services granted under this Agreement will automatically terminate if you fail to comply with any of the use restrictions provided in Section 3 of this Agreement or if you fail to comply with any mandatory law applicable to Your use of the Data.  Additionally, SII TECH MARINE INC. may terminate this Agreement immediately and without prior notice to you if you breach any term or condition of this Agreement. In such event, you will not be entitled to reimbursement of any fees already paid to SII TECH MARINE INC., but You will be liable for payment of any amounts due to SII TECH MARINE INC. If this Agreement is terminated for any reason, you must destroy the Data and Materials (and any copies thereof) in your possession and certify to SII TECH MARINE INC. that they have been destroyed.

5. WARNINGS. YOU ACKNOWLEDGE, SHALL COMPLY WITH, AND TAKE INTO CONSIDERATION THE FOLLOWING WARNINGS FROM SII TECH MARINE INC.:

NAUTICAL NAVIGATION IS AN INHERENTLY DANGEROUS ACTIVITY AND SHOULD ONLY BE ENGAGED IN BY PERSONS WITH ADEQUATE TRAINING AND EXPERIENCE. ONLY UP-TO-DATE OFFICIAL GOVERNMENT CHARTS AND NOTICES TO MARINERS CONTAIN ALL INFORMATION NEEDED FOR THE SAFETY OF NAVIGATION AND, AS ALWAYS, THE CAPTAIN IS RESPONSIBLE FOR THEIR PROPER USE AND AWARENESS OF CURRENT CONDITIONS.

UNLESS OTHERWISE SPECIFIED BY NATIONAL MARITIME AUTHORITIES, THE DATA LICENSED HEREUNDER IS INADEQUATE AS A PRIMARY MEANS OF NAVIGATION, AND SHOULD BE USED ONLY AS A SUPPLEMENT TO OFFICIAL GOVERNMENT CHARTS AND TRADITIONAL NAVIGATION METHODS.

IT IS MANDATORY FOR ALL SOLAS VESSELS TO REGISTER IMO NUMBER AT THE TIME OF THE PURCHASE.

NEW CHARTS OR NOTICE TO MARINERS CORRECTIONS WILL RENDER THE DATA OBSOLETE AND INACCURATE.  UPDATES MAY BE AVAILABLE FROM SII TECH MARINE INC.THE DATA MAY NOT CONTAIN ALL NAUTICAL NAVIGATION DATA EXISTING WORLDWIDE AND YOU SHOULD MAKE NO ASSUMPTION OTHERWISE.

THE DATA IS DERIVED, IN PART, FROM MATERIAL PROVIDED WITH THE PERMISSION OF VARIOUS NATIONAL HYDROGRAPHIC OFFICES AND OTHER THIRD PARTY SOURCES (THE “LICENSORS”).  SII TECH MARINE INC. IS AN AUTHORISED USER AND LICENSEE OF SELECTED DATA PRODUCTS UNDER SEPARATE AGREEMENTS WITH THE LICENSORS.  ALL RIGHTS ARE RESERVED BY THE RESPECTIVE LICENSORS AND COPYRIGHT RESTRICTIONS APPLY.  THE INFORMATION MAY NOT BE MODIFIED OR EXPLOITED BY REVERSE ENGINEERING OF FORMATS AND ENCRYPTION OR COPIED, REPRODUCED, TRANSLATED, OR REDUCED TO ANY ELECTRONIC MEDIUM OR MACHINE READABLE FORM, IN WHOLE OR PART.  INFORMATION ABOUT THE SOURCE OF A SPECIFIC CHART MAY BE VIEWED BY CHOOSING “INFORMATION OF CHARTS / DATA SOURCE” IN THE NAVIGATION SYSTEM.

SII TECH MARINE INC. MAY UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR DEFECTS DUE TO INCORRECT OR MISSING INFORMATION FROM THESE HYDROGRAPHIC OFFICES OR OTHER THIRD PARTY SOURCES.

NO LICENSOR HAS VERIFIED THE DATA AND NO LICENSOR ACCEPTS ANY LIABILITY FOR THE ACCURACY OF REPRODUCTION OR FOR ANY MODIFICATIONS THAT MAY HAVE BEEN MADE TO THE INFORMATION SUPPLIED.  FURTHERMORE, NO LICENSOR WARRANTS THAT THE DATA MEETS ANY REGULATIONS AS AN APPROPRIATE PRODUCT FOR NAVIGATION OR THAT IT CONTAINS THE LATEST HYDROGRAPHIC INFORMATION AVAILABLE.

This Service includes (but is not limited to) content based on ENC Data issued by government authorities. The Parties acknowledge and agree that whilst the relevant government authority has confidence in the ENC Data issued, once it is issued and converted into other formats, the relevant government authority has no further control over the said data or the service that is provided to users. This includes, but is not limited to representation, display, completeness, up-to-datedness, or accuracy

Notice: The Naval Hydrography Service (SHN) of Argentina provides the nautical data contained in its own cartography, but the products that distributors develop with them have not been validated in accordance with article 11 of law 1922, so they must not be considered as official nautical publications of SHN – Argentina.

Notice: Inland-ENCs can be used as additional data for the ports of Nieuwpoort BE8NIE01 and Blankenberge BE7EV002. Those data are downloadable via https://www.visuris.be/Vaarkaarten

Notice: National Hydrographic Centre, Malaysia disclaims any responsibility or legal liability to users for damages of any kind, including lost profits, or any other incidental or consequential damages relating to the usage of the data.

Notice: This product has been derived in part from material obtained from the Hydrographic Service of the Royal Netherlands Navy with its permission. © Copyright Netherlands Ministry of Defense, [the year of first publication]. All rights reserved.

The Hydrographic Service of the Royal Netherlands Navy makes no warranties or representations, express or implied, with respect to this product. The Hydrographic Service of the Royal Netherlands Navy has not verified the information within this product or quality assured It.

Notice: The South African Hydrographer and or staff of the South African Navy Hydrographic Office accept no liability on any data utilized from un-encrypted ENCs supplied for the non-ECDIS Navigation Service by IC-ENC on behalf of the South African Navy Hydrographic Office. No right is granted to any person who is not a party to this Contract in its own right any provisions of this Contract and the parties declare that they have no intention to grant any such rights.

Notice: Instituto Hidrografico. This product has been derived in part from material obtained from IHPT with the permission of IHPT. IHPT and its licensors make no warranties or representations, express or implied, with respect to this product. IHPT and its licensors have not verified the information within this product or quality assured it. Re-licensing of IHPT data products is not permitted. Pricing includes all updates and new charts issued during each year and licensing price will be reviewed each year.

6. LIMITED WARRANTY AND DISCLAIMER. To the maximum extent permitted by applicable law, the following provisions apply:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DATA IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  YOU ACKNOWLEDGE THAT THE DATA IS OF A GENERAL NATURE, AND THAT IT MAY NOT BE DESIGNED FOR, ADEQUATE TO, OR CONFORM TO YOUR SPECIFIC NEEDS AND/OR PURPOSES, NOR THAT IT CONFORMS WITH SPECIFIC SAFETY REQUIREMENTS OR GOVERNMENTAL STANDARDS OR REGULATIONS IN YOUR COUNTRY. ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE DATA AND MATERIALS ARE HEREBY DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, VALIDITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, CONFORMITY WITH GOVERNMENT STANDARDS OR REGULATIONS, OR NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF THIS TYPE, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

The limited warranties and other obligations and liabilities of SII TECH MARINE INC., and your remedies set forth in this agreement, are Your sole and exclusive remedies and in substitution for any other rights, claims and remedies You would otherwise have against SII TECH MARINE INC. with respect to the Data, the Materials and the Services provided hereunder. Notwithstanding the exclusion of warranty for the Data, should You encounter any problems with the Data or find a suspected error, You should report such problem or suspected error to SII TECH MARINE INC. as soon as reasonably possible.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL SII TECH MARINE INC. OR ITS THIRD PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES(INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE, PROFIT, OR DATA; OR BUSINESS INTERRUPTION) WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, CONTRIBUTION, STRICT LIABILITY, TORT OR OTHER THEORY ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE DATA, MATERIALS OR SERVICES PROVIDED HEREUNDER OR ANY OTHER LEGAL THEORIES, EVEN IF SII TECH MARINE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SII TECH MARINE INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE DATA DURING THE LATEST TWELVE (12) CALENDAR MONTHS, OR, IF YOU DID NOT PAY FOR THE DATA, FIFTY DOLLARS ($50). YOU ACCEPT THIS ALLOCATION OF RISK AND AGREE TO RELEASE SII TECH MARINE INC. FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS IN EXCESS OF SII TECH MARINE INC.’S ENTIRE AND AGGREGATE LIABILITY SET FORTH HEREIN.

If an arbitration panel or court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on SII TECH MARINE INC.’s liability set forth in this Section shall apply to the fullest extent permitted by law.  If SII TECH MARINE INC. cannot exclude or limit a warranty or liability implied by law, this Agreement shall be read and construed subject to such provisions of law.

8. INDEMNIFICATION. To the maximum extent permitted by applicable law, You will indemnify and hold harmless SII TECH MARINE INC. and its third party licensors from and against all claims and liabilities (including claims by third parties including but not limited to vessel owners, operators or managers), and costs and expenses (including attorneys’ fees), incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including Your employees but not employees of SII TECH MARINE INC., or for loss of or damage to any property, including any vessel and cargo, arising out of Your use of the Data provided hereunder, whether or not arising in tort or occasioned by the negligence of SII TECH MARINE INC. Your obligations under this indemnity will survive the termination of this Agreement.

9. EXPORT COMPLIANCE. You shall be responsible for Your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the governments of the Canada. and, if applicable, other countries.  You shall not attempt to, or knowingly export or re-export any Data, Materials or Services covered under this Agreement to any country, or national thereof, to the extent prohibited under any applicable laws, including Canada export control laws regarding specifically designated persons, countries, and national of countries subject to the security controls. . You shall, at Your sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct Your respective activities hereunder. 

10. ASSIGNMENT. SII TECH MARINE INC. may assign and transfer all its rights and obligations under the Agreement to any third party.

11. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed by and construed in accordance with the laws of the Canada, without regard to its conflicts of laws provisions. To the maximum extent permitted by applicable law, any dispute, controversy or claim arising out of or relating to this Agreement or breach thereof, shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be British Columbia, Canada. The language of arbitration shall be English. This arbitration clause shall not deprive any of the parties from seeking interim injunctive relief in national courts of competent jurisdiction.

12. AMENDMENTS. SII TECH MARINE INC. reserves the right to change or modify any of the terms and conditions of this Agreement at any time without notice to You.  Any changes or modifications to the terms and conditions will be effective on the date the change or modification is made, and will be provided to You with the next Data update for Your acceptance prior to downloading, installing, accessing or using the updated Data. 

13. GENERAL. Failure or neglect by either party to enforce at any time any of the provisions of this Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement.

If you have any questions concerning this Agreement, including warranty service, you should contact the SII TECH MARINE INC. through siitechmarine.com.

If any provision of this Agreement is held to be void, invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable.