IMPORTANTREAD CAREFULLY: Your use of The Product published by River Pilot, LLC is subject to the general terms and conditions of this Agreement. In addition, this End-User License Agreement ("Agreement") is a legal contract between you and River Pilot, LLC for The Product, which includes proprietary data, associated media, printed materials and "online" or electronic documentation, as applicable (the "Product").
BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE PRODUCT.
1. LICENSE TERMS
Following acceptance of this Agreement, you may install and execute use one (1) registered copy of the Product for your own personal, individual use. You agree to use the data obtained through The Product ("Data") solely for personal, non-commercial purposes, and not for service bureau, time-sharing or other similar purposes. You may not modify the Data or remove any copyright notices that appear on the Data in any way. You may not decompile, disassemble or reverse engineer any portion of the Data, and you may not transfer or distribute the Data in any form, for any purpose.
You may install the single registered copy on one hand-held device (the "Licensed Device"), and you may access and use the Product on that Registered Device so long as only one copy of the Product is in operation.
2. OTHER LIMITATIONS
You may not rent, lease or lend the Product. You may not reverse engineer, decompile, or disassemble the software program contained in the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
COMMERCIAL RESALE OR DISTRIBUTION OF THIS PRODUCT IS NOT AUTHORIZED AND IS PROHIBITED.
River Pilot, LLC may provide you with support services related to the Product ("Support Services"). Use of Support Services is governed by River Pilot, LLC policies and programs described in the user manual, in "online" documentation, and/or in other River Pilot provided materials. Any software code provided to you as part of the Support Services shall be subject to the terms and conditions as specified by Garmin Ltd. as licensor of such software. With respect to technical information you provide to River Pilot LLC as part of the registration of your license to the Product or in connection with the Support Services, River Pilot LLC may use such information for its business purposes, including for product support and development. However, River Pilot LLC will not utilize such technical information in a form that personally identifies you.
Without prejudice to any other rights, River Pilot LLC may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you shall no longer be authorized to use this Product and must destroy all copies of the Product.
3. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Wyoming.
4. PROPRIETARY RIGHTS
Copyright. All title and copyrights in and to the Product (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Product), the accompanying media and printed materials, and any copies of the Product are owned by River Pilot LLC or its suppliers and licensors. The Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Product like any other copyrighted material, subject to the provisions of this Agreement.
U.S. Government Restricted Rights. The Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Manufacturer for such purpose is River Pilot, LLC.
Submissions. Should you decide to transmit to River Pilot LLC website by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant River Pilot LLC and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.
5. DISCLAIMER OF WARRANTY
The Product is provided to you "as is," and you agree to use it at your own risk. River Pilot LLC and its licensors (and their respective licensors and suppliers) (collectively "Suppliers") make no guarantees, representations or warranties of any kind, whether express or implied, arising by law or otherwise, and Suppliers expressly disclaim any warranties regarding content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, non-infringement, usefulness, use, or results to be obtained from the Product, or that the Product or use thereof will be uninterrupted or error-free. Some states, territories, and countries do not allow certain warranty exclusions, so to that extent this exclusion may not apply to you.
THIS PRODUCT AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS." SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Product. ANY LIABILITY OF RIVER PILOT LLC OR ITS SUPPLIERS OR LICENSORS FOR A DEFECTIVE COPY OF THE PRODUCT WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE PRODUCT WITH ANOTHER COPY OR REFUND OF THE INITIAL LICENSE FEE THE CARRIER RECEIVED FROM YOU FOR THE DEFECTIVE COPY OF THE PRODUCT. IN NO EVENT WILL RIVER PILOT LLC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SIO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.
You agree to defend, indemnify, and hold free and harmless River Pilot LLC and its licensors (and their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents, and representatives of each of them) from and against any liability, loss, injury (including any injury resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorneys' fees, arising out of or in connection with any use or possession by you of the Product.
You agree not to export from anywhere any part of the information provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.
8. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between River Pilot LLC (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.