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Raymarine Navionics Eula 84227-1 en
Raymarine Navionics Eula 84227-1 en
“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.
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NAVIONICS CHART DATA END USER LICENSE AGREEMENT
LIMITED WARRANTY: You purchased the Chart Data and Related Materials together with, or
pre-loaded on, the Product. Navionics warrants that during the Warranty period (i) Navionics has
the right to grant you the rights to use the Chart Data and Related Materials as provided by this
Agreement; and (ii) the Chart Data substantially represents the navigational charts issued by the
national hydrographic offices for the geographic area covered. Navionics does not warrant that
the Chart Data will be error-free or bug-free or will operate without interruption during the
Warranty period.
WARRANTY EXCLUSIONS This limited warranty does not cover nonconforming Chart Data or
Related Materials due to obsolescence, abuse, non-authorized equipment modification, alteration
or misuse.
Your exclusive remedy as to Chart Data or Related Materials that fail to conform to the limited
warranty above shall be as follows:
(a) you must promptly submit the Product to Raymarine (for details, please refer to
www.raymarine.com) for inspection, together with a dated proof of purchase of the
Product and a written notice describing the alleged failure of the Chart Data or the
Related Materials to conform to the limited warranty in sufficient detail to enable such
failure to be analyzed and reproduced;
(b) if it is possible to reproduce the alleged failure and determine that the Chart Data or the
Related Materials do not conform to the limited warranty, Navionics will (at its sole option)
repair or replace the nonconforming Chart Data or Related Materials. Navionics shall
complete the repairs or replacement by issuing a file to Raymarine, in a card or Internet
downloadable format, at Navionics’ option. In the event Navionics determines in its sole
discretion that it is not able to repair or replace the nonconforming Chart Data or Related
Materials that is preloaded into a Product, then, in such case, Navionics will issue a chart
for replacement on Compact Flash (CF) card. Raymarine will install such replacement on
your Product as agent for Navionics.
For the avoidance of doubt, as licensee of the Chart Data and Related Materials, Raymarine does
not warrant the Chart Data or Related Materials, and has no liability or responsibility to repair or
replace the Chart Data or the Related Materials. Raymarine merely facilitates the diagnosis of
whether any preloaded Chart Data or Related Materials fail to conform to the limited warranty
provided by Navionics hereunder and installs any replacements provided by Navionics for such
purpose as agent for Navionics.
This limited warranty gives you specific legal rights; you may have others, which vary from
jurisdiction to jurisdiction.
For purposes of this Agreement and the limited warranty, "Chart Data" shall NOT include (and the
terms and conditions of this Agreement shall NOT apply to) any upgrades, updates or modified
versions of Chart Data unless expressly provided as a warranted repair or replacement above,
and then in such case any repair or replacement of the Chart Data as provided herein will benefit
from the Navionics limited warranty described above for a period of 12 months from the date of
repair/replacement.
DISCLAIMER: EXCEPT FOR THE LIMITED WARRANTIES DESCRIBED ABOVE, THE DATA
AND THE RELATED MATERIALS ARE LICENSED “AS IS”. NAVIONICS 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 PERFORMANCE AND RESULTS OF THE CHART DATA.
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NAVIONICS CHART DATA END USER LICENSE AGREEMENT
Notwithstanding any wording to the contrary, nothing in this Agreement shall exclude or in any
way limit Navionics’ or Raymarine’s liability for fraud, or for death and personal injury caused by
its negligence, or any other liability to the extent the same may not be excluded or limited as a
matter of law.
If any of the terms of this Agreement are determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or provision will to that extent be
severed from the remaining terms, conditions and provisions which will continue to be valid to the
fullest extent permitted by law.
ACKNOWLEDGMENT: You acknowledge that you have read this limited warranty provision
regarding the Chart Data and the Related Materials, understand it, and agree to be bound by its
terms and conditions. You also agree that: (1) no oral or written information or advice given by
Navionics or Raymarine, their dealers, distributors, agents or employees shall in any way
increase the scope of this warranty, and you may not rely on any such information or advice; and
(2) this warranty provision is the complete and exclusive statement of agreement regarding
warranty of the Chart Data and the Related Materials by Navionics and Raymarine and
supersedes all proposals or prior agreements, oral or written, and any other communications you
may have had prior to purchasing.