END USER LICENSE AGREEMENT
READ THIS AGREEMENT BEFORE USING THIS MAPTATTOO PRODUCT.
THIS IS A NON EXCLUSIVE LEGAL AGREEMENT BETWEEN YOU AND MAPTATTOO. BY OPENING THIS MAPTATTOO PRODUCT PACKAGE AND/OR BY DOWNLOADING AND/OR USING THIS MAPTATTOO PRODUCT, YOU AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT.
1 DEFINITIONS
As used in this agreement, the following terms have the respective meanings provided below:
“DEVICE” means the hardware device on which you access or use the Product.
“MAPTATTOO” means MAPTATTOO LLC, an Illinois, USA, Limited Liability Company having its principal place of business at 2603 Harrison Street, Evanston, IL 60201, USA.
“PRODUCT” means a MAPTATTOO electronic chart product containing cartographic information and related application software, provided as a downloadable archive, installed on the DEVICE.
“NAUTICAL CHART” means a map layer containing cartographic reference detail, based on public and private sources, including but not limited to port plans, safety depth contours, marine services info, tides and currents and navigation aids.
2 USES PERMITTED
You may use your Product on your Device as an electronic chart/map and ancillary aid to navigation (see Safety Warning below) and/or course. This agreement gives you certain limited rights to use and maintain the Product. You agree to use reasonable efforts to protect the Product from unauthorized use, reproduction, distribution or publication.
3 PROHIBITED USES
You may not (1) make copies of a Product; (2) alter, decompile, disassemble or reverse-engineer or attempt to unlock or bypass the initialization system or encryption techniques utilized with, a Product; or (3) remove or obscure MAPTATTOO copyright or trademark notices from any Product.
4 DURATION AND TERMINATION
This agreement is effective from the day you download and/or use and/or otherwise purchase your Product and shall continue until terminated/expired. Your license to use the Product shall terminate automatically, without notice from MAPTATTOO, if you fail to comply with the PROHIBITED USES provision above. Upon such termination/expiration, you must delete and/or destroy any Product in your possession or control. MAPTATTOO reserves the right to enforce any other legal rights arising from termination/expiration.
5 PRODUCT VERSIONS
MAPTATTOO is not obligated to support superseded or discontinued versions of Products or to upgrade or maintain Products for use on new releases/versions of your Device or its operating system. Some or all features of your Product may fail to function on Devices other than the Device for which you originally purchased it.
6 DISCLAIMER
THE PRODUCT AND RELATED MATERIALS ARE LICENSED “AS IS” AND MAPTATTOO (AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DEVELOPERS, CLIENTS, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS) DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK AS TO THE PERFORMANCE AND RESULTS OF PRODUCT. MAPTATTOO’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE LICENSE TO USE THE PRODUCT. IN NO EVENT SHALL MAPTATTOO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF MAPTATTOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7 GENERAL
If any provision of this agreement is held to be invalid or unenforceable, the remainder of this agreement shall not be affected thereby and such provision shall be substituted with a valid and enforceable provision which as nearly as possible accomplishes the intent of the original provision.
8 SAFETY WARNINGS
Marine and lakes Products are designed to provide ancillary aid to navigation by facilitating the use of authorized government charts, not to replace such charts. Only official government charts and notices to mariners contain all information needed for safe navigation. The user is responsible for the prudent use of Products. Any track generated by electronic charts, autorouting software or similar tools are basic suggestions for route planning only and must not be used for direct navigation.
9 ACKNOWLEDGEMENT OF SOURCES
This product has been produced by Maptattoo LLC and incorporates Canadian Hydrographic Service (“CHS”) data, following any minimum standards/guidelines that may have been established by CHS, pursuant to CHS Digital Value-Added Reseller Agreement no. 2022-0117-1260-M. The incorporation of data sourced from CHS in this product shall not be construed as constituting an endorsement by CHS of this product. This product does not meet the requirements of the Navigation Safety Regulations, 2020 under the Canada Shipping Act, 2001. Charts and publications issued by or on the authority of CHS must be used to meet the requirements of those regulations.