Terms and Conditions
Jul 1st, 2007 by virgil
PLEASE READ THIS DOCUMENT CAREFULLY. BY USING EARTHNC, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE EARTHNC.
This is a legal agreement between you (”User”) and EarthNC, Inc. (”EarthNC”). This Agreement states the terms and conditions upon which EarthNC offers EarthNC Online Products together with all related documentation and accompanying items including, but not limited to, the executable programs, updates, drivers, libraries and data files associated with such programs (collectively, “the Products”).
Disclaimer
Given that EarthNC Products allow the submission and sharing of 3rd party geographic content (user points of interest, routes, …), provided by both partners and EarthNC users, Users recognize that EarthNC cannot independently verify the accuracy of all such information which may be subject to error and it is provided on an ‘As-Is’ basis. Users are encouraged to report inaccurate information to EarthNC via our Contact Form or other means for correction or deletion.
License
1. GRANT OF LICENSE. The Products are licensed, not sold, to user for use only under the terms of this Agreement. As between user and EarthNC, EarthNC retains all title to and ownership of the Products and reserves all rights not expressly granted to user. EarthNC grants to user the right to use the Products provided that (a) the Products may NOT be modified by user except by authorized by EarthNC; (b) all copyright notices are maintained on the Products; and (d) the licensee/end user agrees to be bound by the terms of this Agreement.
2. COPYRIGHT The Products are proprietary products of EarthNC and are protected by copyright law. User acquires only the right to use the Products and does not acquire any rights of ownership. User agrees not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the Products. User agrees not to cause or permit the reverse engineering, disassembly, or decompilation of the Products.
3. MODIFICATIONS OF PRODUCTS. User may not modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the Products except as authorized by EarthNC. User may not modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the written materials without the prior written consent of EarthNC.
4. WARRANTY DISCLAIMER. EarthNC is providing the Products on an “as is” basis without warranty of any kind; EarthNC disclaims all express and implied warranties, including the implied warranties of merchantability or fitness for a particular purpose.
5. LIMITATIONS on Using, Copying, and Modifying the Products. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where user acquired the Products, user may not use, copy or modify the Products. Nor may user sub-license any rights under this Agreement.
6. INDEMNIFICATION. User hereby indemnifies, holds harmless and will defend EarthNC from and against any and all claims or lawsuits, including attorney’s fees and costs that arise, result from or are connected with the use or distribution of the Products in violation of this Agreement. Navigators must always remember that the EarthNC Chart Products are accurate to the best of EarthNC’s knowledge, and any inconsistencies found are generally due to undetectable limitations in underlying publicly available data, EarthNC Plus Charts are NOT considered legal replacements for official navigational charts and should not be used as a primary aid to navigation. Users should always practice prudent navigation habits and never rely on a single source of navigation data.
8. TERM/TERMINATION. This Agreement is effective upon registration and/or use and shall remain in force for until terminated. In the event the user violates this agreement, the agreement will effectively terminate. All protections afforded EarthNC in this agreement that pertain to indemnification, confidentiality and non-distribution terms will survive such termination.
9. PRIVACY. EarthNC is dedicated to the privacy of its users. Your e-mail address and other information provided at registration will not be sold or transmitted to a 3rd party unless required by law. For full information, please read our privacy policy posted in the page footer of most pages.
General
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Products nor any information derived therefrom may be exported except in accordance with the laws of the U.S. or other applicable provisions. This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Products.
