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NAVIGATION AND YOU SHOULD PURCHASE AN UPGRADED VERSION
OF THE CARTOGRAPHY DATA INFORMATION FOR THE RELEVANT
GEOGRAPHIC AREA. IT IS YOUR RESPONSIBILITY TO DETERMINE
WHETHER CHART DATA IN THE PRODUCT HAVE BEEN LABELED
OBSOLETE BY CHECKING WWW.NAVIONICS.COM
OR CONTACTING
NAVIONICS AT INFO@NAVIONICS.COM
This is a legal Agreement between NAVIONICS S.P.A. ("NAVIONICS"), YOU
and RAYMARINE plc ("RAYMARINE"). By using the electronic charts that
are preloaded in the Product, you are consenting to the terms of this
Agreement. If you do not agree to the terms of this Agreement, Navionics is
unwilling to license the Electronic Charts to you and you must not use the
Product. In these circumstances please return the Product on which the
Electronic Charts are stored together with all accompanying documentation
and proof of purchase, to the retailer where you purchased it within 28 days
of purchase. If you do this, the price paid for the Product will be refunded. If
you bought the Product from an authorized third party retailer, please note
that the retailer has the right to enter into this license on our behalf.
DEFINITIONS: As used in this Agreement,
"Chart Data" or "Electronic Charts" means the cartography data information
produced and licensed hereunder by Navionics and preloaded in the hard
drive of the Product.
"Date of first purchase" means the date on which the Product was purchased
by the First retail purchaser or in the case of the purchase of a vessel from a
Raymarine certified original equipment manufacturer on which a new
Product is installed, the date of such purchase.
"First retail purchaser" means the first retail customer who purchased the
Product or, where the Product was installed and/or commissioned on a
vessel by a Raymarine certified original equipment manufacturer, the first
retail customer who purchased the vessel on which the Product is installed.
For a Product installed by a Raymarine certified installer on a vessel already
in the customer's possession, the First retail purchaser shall mean the
customer in possession of the vessel at the time of Product installation.
"Related Materials" means all of the printed materials and whatever is in the
Product package related to the Chart Data.
"Warranty period" shall mean a period starting on the date of first purchase
and ending on the first anniversary of the date of first purchase, or the date
on which Navionics labels the Chart Data obsolete, whichever occurs first.
It is AGREED as follows:
You acknowledge that the Chart Data has not been developed to meet your
individual requirements and that it is therefore your responsibility to ensure
that the facilities and functions of the Chart Data (as described in the
documentation that accompanies the Product) meet your requirements.
USES PERMITTED BY NAVIONICS: This Agreement gives you certain
limited rights to use and maintain the Chart Data solely with the Product.
Chart Data may be used on the Product as an electronic chart/map and as
an aid to navigation. You agree to use reasonable efforts to protect the Chart
Data from unauthorized use, reproduction, distribution or publication.
Navionics reserves all rights to the Chart Data not specifically granted in this
Agreement.
USES NOT PERMITTED BY NAVIONICS: YOU MAY NOT (1) make copies
of the Chart Data; (2) alter, recompile, disassemble or reverse-engineer the
Chart Data, or make any attempt to unlock or bypass the initialization system
or encryption techniques utilized; (3) remove or obscure the Navionics
copyright and trademark notices.
Navionics explicitly reserves the right to enforce any legal rights arising from
your failure to comply with any provision of this Agreement.
DISCLAIMERS.fm Page 151 Wednesday, February 18, 2009 11:04 AM
151


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