End user agreement for Chartbook Maker
*Chartbook Maker License and Legal Information. *
This Software Distribution Agreement (hereinafter referred to as
"AGREEMENT") is a legal AGREEMENT between you(hereinafter referred to as
"USER"), and the author: Sean Kahil (hereinafter referred to as the
"AUTHOR") for use and distribution the software program entitled
"Chartbook Maker" and any charts as covered in section 3 (hereinafter
referred to as "SOFTWARE").
This AGREEMENT describes the terms and conditions by which AUTHOR will
license other parties to use or distribute the SOFTWARE which is
intended solely for use and distribution as SHAREWARE. No use,
distribution or reproduction of the SOFTWARE or copies of the SOFTWARE
is authorized except in compliance with the terms and conditions herein.
Distribution of the SOFTWARE in accordance with the provisions of this
Software License Agreement is encouraged.
You should carefully read the following terms and conditions before
installing or using this SOFTWARE. Unless you have a different license
AGREEMENT signed by AUTHOR, your installation, use or distribution of
this SOFTWARE indicates your acceptance of this license AGREEMENT.
If you do not agree to the terms of this agreement, do not install
SOFTWARE and delete any portions of SOFTWARE already installed on your
AUTHOR hereby grants you a nonexclusive license to install and use
SOFTWARE in machine-readable form on a single computer for use by a
*2. Terms and Conditions *
AUTHOR retains all right, title, and interest in and to the SOFTWARE,
and any rights not granted to you herein are reserved by AUTHOR.
You may not reverse engineer, disassemble, decompile, or translate the
Software, or otherwise attempt to derive the source code of the
Software, except to the extent allowed under any applicable law. If
applicable law permits such activities, any information so discovered
must be promptly disclosed to AUTHOR and shall be deemed to be the
confidential proprietary information of AUTHOR.
AUTHOR shall be credited as the owner of the SOFTWARE in all
distribution of the SOFTWARE. AUTHOR is the exclusive worldwide licenser
of the SOFTWARE, and the copyrights and other proprietary rights
therein. You may copy and/or distribute the SOFTWARE only in its
original, unaltered form, as a single installation executable except as
provided in this paragraph.
You may copy the SOFTWARE only for backup purposes, provided that you
reproduce all copyright and other proprietary notices that are on the
original copy of the SOFTWARE.
You may not use, copy, modify, distribute or transfer the SOFTWARE or
any element thereof in whole or in part, except as expressly provided
You may not sell, rent or lease the SOFTWARE to any other party.
AUTHOR reserves the right to modify the behavior and/or update the
contents of the SOFTWARE and its associated files, documentation and/or
other elements, at its discretion from time to time, without the consent
of, or any obligation to, any licensed users or distributors.
AGREEMENT will terminate if the USER fails to comply with any term of
the AGREEMENT. In the event of the termination the USER must immediately
return the SOFTWARE to the AUTHOR.
If any provision of this AGREEMENT is held to be void, invalid or
unenforceable, it will not affect the validity of the balance of this
AGREEMENT, which shall remain valid and enforceable according to its
terms and conditions.
* 3. Chart files*
Canadian charts files with file extensions .BSB and .KAP are copyright:
Her Majesty the Queen in Right of Canada ? Canadian Hydrographic Service
(CHS). They are included under license from Nautical Data International
Inc. (NDI) and are subject to the following restrictions:
SOFTWARE has been derived in whole or in part using data that is and
shall at all times be and remain the sole and exclusive property of NDI
USER is hereby advised of the Canadian carriage regulations applicable
to Canadian ships in all waters and to all ships in waters under
Canadian jurisdiction which requires the master and owner of every ship
to: have on board, in respect of each area in which the ship is to be
navigated, the most recent editions of the charts, documents; or to have
sufficient knowledge of specific information, such that safe and
efficient navigation in the area where the ship is to be navigated. This
is required by CHS, please see Article 4, 5 and 6 of the Charts and
Nautical Publications Regulations 1995 of the Canada Shipping Act , at
USER may not transfer SOFTWARE or store them in any electronic network
for use by more than one user unless a separate license fee is paid.
USER may not copy, or reproduce in any media, in whole or in part,
SOFTWARE except for back-up and archival purposes.
USER shall not assign, rent, lease, sub-licence or otherwise transfer
USER is only granted a non-exclusive, non-transferable and
non-assignable sub-licence by the Licensee to use the SOFTWARE.
USER shall not derive for publication, direct commercial sale, or other
forms of redistribution, a new or modified product or service that is
based upon the SOFTWARE supplied by the AUTHOR or the underlying data
USER shall not enter into any type of trade exchange or barter
arrangement with any other party in respect of SOFTWARE.
USER shall seek copyright approval for any intended publication of
substantial volumes of material extracted from or generated in the
course of use of the SOFTWARE.
USER will notify the AUTHOR within 10 days of any change of address.
In addition to these conditions USER is subject to the conditions
contained in the document "NDI-EULA-nav-Eng_final.pdf" included with
Whereas one set chart of charts may be purchased with SOFTWARE, AUTHOR
reserves the right to restrict functionality of SOFTWARE to access a
subset of these charts. An additional access fee may be required to
access additional charts subject to the licensing agreement between
AUTHOR and NDI.
* 4. Disclaimer of Warranty *
NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. Some jurisdictions
do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights which vary between
Images created using SOFTWARE are for amusement only and are NOT TO BE
USED FOR NAVIGATION.
5. Limitation of Liability *
You agree that your exclusive remedy against AUTHOR, its and agents of
AUTHOR for loss or damage caused by any defect or failure in SOFTWARE
regardless of the form of action, whether in contract, tort, including
negligence, strict liability or otherwise, shall be the return of the
purchase price paid to AUTHOR, if any, or replacement of SOFTWARE. This
agreement shall be construed in accordance with and governed by the laws
of the Province of British Columbia. In any case, AUTHOR shall not be
liable for loss of data, loss of profits, lost savings, special,
incidental, consequential, indirect or other similar damages arising
from breach of warranty, breach of contract, negligence, use of images
for navigation, or other legal theory even if AUTHOR or its agent has
been advised of the possibility of such damages, or for any claim by any
*BY USING AND/OR INSTALLING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS
AGREEMENT'S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF
THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR
WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT. *