EULA

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

 

1. LICENSE

By receiving, opening the file package, and/or using Marine Navigation (“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Fishpoints your use of Marine Navigation indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Fishpoints grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Marine Navigation in accordance with this Agreement and any other written agreement with Fishpoints. Fishpoints does not transfer the title of Marine Navigation to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Fishpoints and the purchasers or users of Marine Navigation .

If you do not agree to be bound by this agreement, remove Marine Navigation from your computer now and, if applicable, promptly return to Fishpoints by mail any copies of Marine Navigation and related documentation and packaging in your possession.

2. DISTRIBUTION

Marine Navigation and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Marine Navigation contact Fishpoints.

3. USER AGREEMENT

3.1 Use

Your license to use Marine Navigation is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Marine Navigation .

3.2 Use Restrictions

You shall use Marine Navigation in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Marine Navigation together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Marine Navigation may be used on one single computer location by one user. Use of Marine Navigation means that you have loaded, installed, or run Marine Navigation on a computer or similar device. If you install Marine Navigation onto a multi-user platform, server or network, each and every individual user of Marine Navigation must be licensed separately.

You may make one copy of Marine Navigation for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Marine Navigation . The assignment, sublicense, networking, sale, or distribution of copies of Marine Navigation are strictly forbidden without the prior written consent of Fishpoints. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Marine Navigation . If any person other than yourself uses Marine Navigation registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Marine Navigation . Nor can you create any derivative works or other works that are based upon or derived from Marine Navigation in whole or in part.

Fishpoints’s name, logo and graphics file that represents Marine Navigation shall not be used in any way to promote products developed with Marine Navigation . Fishpoints retains sole and exclusive ownership of all right, title and interest in and to Marine Navigation and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Marine Navigation , products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Fishpoints.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Fishpoints , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Fishpoints’s Software.

In no event (including, without limitation, in the event of negligence) will Fishpoints , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Marine Navigation or the use or inability to use Marine Navigation or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Fishpoints’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Fishpoints ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Fishpoints.

3.5 Warranties

Except as expressly stated in writing, Fishpoints makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Italy applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Italy therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Marine Navigation and destroy all copies of Marine Navigation supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4 LIMITATION OF LIABILITY

a) Neither Marine Navigation nor its suppliers shall be liable to you or to any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use the equipment or access data, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Software even if Marine Navigation has been advised of the possibility of such damages.

b) Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Marine Navigation and any of its suppliers shall be limited to the amount actually paid by you for the Software.

c) Marine Navigation shall not be liable for any fraud on the part of its employees and/or agents; or  any fraudulent misrepresentation on the part of its employees and/or agents.

d) Notwithstanding the above, neither party’s liability for death or personal injury resulting from its own negligence shall be limited.

5. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY MARINE NAVIGATION AS WELL.

6 PRIVACY POLICY

You agree that Fishpoints may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Marine Navigation .Fishpoints may also use this information to provide notices to you which may be of use or interest to you.

6.1 Our Principles

Fishpoints is all about where you are and getting to where you want to be. We help you achieve more. So we can help you, sometimes we’ll need to know some things about you. While we collect and use your data, we fully understand that you value your privacy.
We believe privacy is about freedom and being able to decide for yourself how your data is used and by whom. This is why we have established our Privacy Principles:
1. We will always keep you fully informed about your data: we make sure you understand which data from or about you we use, why we use it, how long we use it and who can use it.
2. We enable you to remain in control of your data:we consider the data from or about you to be yours. We only use it for the purposes for which you have given it to us, or for which we collected it from you. At any time you can opt-out or opt-in using our software and websites.
3. We protect your data:your data is yours. We keep it that way by protecting it as best as we reasonably can to prevent it from falling into the wrong hands.

6.2 Our ten promises to you

1. We will tell you which data from or about you we use, why we use it, how long we use it, who else can use it and where it is kept.
2. We will only use your data for the purposes we have stated to you.
3. We keep as little of your data as possible, and only for as long as we need it. When we no longer need data we destroy it or we irreversibly anonymise it, so it is no longer linked to you.
4. If we ask your permission to use your data for specific purposes, we also allow you to withdraw your permission.
5. If we have not been able to ask your permission to collect and use your data and you don’t want us to do so, you can tell us and we will act accordingly.
6. We will allow you to access and correct your data if it is linked to your App account.
7. We will keep protecting your data against unauthorized access and accidental loss as best as we reasonably can.
8. If we engage others to use your information on our behalf, we will ensure they act in accordance with our policies.
9. If we share your data with others, we will first ask you for permission, unless there is a legal obligation that prohibits us from asking.
10. We are open to any questions you may have about how we use your data and we will answer them.

6.3 Fishpoints policy on privacy and processing of personal data

We operate according to the privacy laws applicable in your country. Because we are rooted in Europe, European privacy laws also apply. These laws are considered to be the most extensive in the world. They offer a high level of protection to you by only allowing us to use your data when the strict conditions of these laws are met. Our company policy on privacy and processing of personal data reflects these laws and we apply this policy globally.
Definitions
Personal Data: any information relating to an identified or identifiable natural person (‘Data subject’, user); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;
Processing of Personal Data ‘processing’: any operation or set of operations which is performed upon Personal Data, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

  • 1. Fishpoints will process Personal Data fairly and lawfully.
  • 2. Fishpoints will collect Personal Data for specified, explicit and legitimate purposes and will not further process Personal Data in a way incompatible with those purposes.
  • 3. Fishpoints will ensure Personal Data is adequate, relevant and not excessive in relation to the purposes for which they are collected and/or further processed.
  • 4. Fishpoints will ensure Personal Data are accurate and, where necessary, kept up to date.
  • 5.Fishpoints will keep Personal Data in a form which permits identification of its users for no longer than is necessary for the purposes for which the Personal Data were collected or for which they are further processed.
  • 6. Fishpoints will process Personal Data only if:

    a) the user has unambiguously given his consent; or
    b) processing is necessary for the performance of a contract to which the user is party or in order to take steps at the request of the user prior to entering into a contract; or
    c) processing is necessary for compliance with a legal obligation to which Fishpoints is subject; or
    d) processing is necessary for the purposes of the legitimate interests pursued Fishpoints, except where such interests are overridden by the interests for fundamental rights and freedoms of the user and in particular his right to privacy.

  • 7. Fishpoints will avoid processing Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or Personal Data concerning health or sex life.
  • 8. Fishpoints will avoid processing Personal Data related to persons under the age of 13 years.
  • 9. To ensure fair processing of Personal Data, Fishpoints will inform its users of

    a) The purposes of the processing;
    b) The categories of the Personal Data concerned;
    c) The categories of the recipients of the Personal Data;
    d) How to access and rectify their Personal Data.

  • 10. Fishpoints implements appropriate technical and organizational measures to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of Personal Data over a network, and against all other unlawful forms of processing. Fishpoints does so having regard to the state of the art and the cost of their implementation, ensuring a level of security appropriate to the risks represented by the processing and the nature of the Personal Data to be protected.
  • 11. In case processing is carried out on Fishpoints’s behalf, Fishpoints will choose a processor providing sufficient guarantees in respect of the technical security measures and organizational measures governing the processing to be carried out, and will ensure compliance with those measure. In these cases Fishpoints will ensure the processing is governed by a contract binding the processor to the controller and stipulating in particular that:

    a) The processor shall act only on instructions from Fishpoints;
    b) The provisions of 10) are applied to the processor.

  • 12. In principle Fishpoints will process Personal Data in the European Economic Area (EEA). In those cases where Personal Data is transferred or processed outside the EEA by Fishpoints or on Fishpoints’s behalf, Fishpoints will ensure adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights by applying appropriate contractual clauses or other acceptable legally binding instruments.
  • 13. In case Fishpoints remotely stores information, or gains access to (any) data already stored, in a device of a user, Fishpoints will ensure the user concerned has given his or her consent, having been provided with clear and comprehensive information, about the purposes of the processing. This shall not prevent Fishpoints from any technical storage or access for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or as strictly necessary in order for Fishpoints to provide a service explicitly requested by the user.

6.4 Data we collect

When you use our sites, our products and our services we collect data from you or about you. What data we exactly collect depends on what you use and how you use it. In general there are 3 categories of data we collect and use:
Data you provide
This is the data you enter yourself when using our sites, products and services. This data includes for example your name, email address, the search terms you enter, your address and favourite locations, your phone number, any map errors reports and speed camera reports you enter, your size, weight, gender, age etc. etc.
Data collected via sensors
A lot of our products come equipped with one or more sensors or use the sensors of the devices they run on. Examples of sensors are GPS receivers, WiFi or Bluetooth receivers, a camera, a microphone, G-force sensors, hart rate sensors and touch sensitive screens. These sensors, when activated, will automatically collect data. Depending on the purpose for which it was captured, the data in combination with data that identifies you or your device can be sent to Fishpoints and others for subsequent use.
Metadata
This refers to any data that is collected or automatically generated while you use Fishpoints sites, products or services. In many cases metadata is collected or generated inherent to you using a computing device or inherent to transmitting data over computer networks, such as the internet. This data includes user interface and other device usage events, IP-addresses, unique device identifiers, WiFi and Bluetooth MAC addresses, cookies and records of computer activity.

6.5 Data we receive from others

We receive data from third parties that they have collected, under their responsibility and in accordance with their privacy policy, and shared with us. We use that data within the limits of what these third parties allow us to do with it while also adhering to our own privacy principles and policy. We receive real-time feeds of location, speed, sensors and other vehicle and device information from, for example, mobile phone users, business fleets and vehicles that are equipped with our on-line maps or traffic and travel services. We use this data only after we have made sure it cannot be linked back to you.
We also receive data from others about you when you have interacted with them, for example when you have visited their websites or used their mobile apps. This data can include IP-addresses, unique device identifiers, advertising identifiers, Wi-Fi and Bluetooth MAC addresses, cookies and other records of computer activity, as well as indications of your behaviour, interests and demographic.

6.6 Fishpoints account

Fishpoints uses your Fishpoints account to grant you access to downloadable content, services you are subscribed to or have activated, software upgrades and sections of our website which need registration. We also use your Fishpoints account when you want to purchase additional items and to tailor our offerings to you. The way in which Fishpoints uses your Fishpoints account also depends on the software and device or system you use.
To create your Fishpoints account, as a minimum you need to supply your name and email address and choose a password. Fishpoints advises you to keep your Fishpoints account details confidential and use a password you do not use elsewhere.
We will use your email address occasionally to send information related to the products and services registered to your Fishpoints account. We will only do this if there are updates you need to be aware of to ensure you can use your product in a safe, reliable way, without interruption or if there is a legal requirement to contact you.
Using your Fishpoints account, you can also subscribe to the Fishpoints News email, which provides the latest news, product information and special offers from Fishpoints and others we select. You can opt-out of receiving the Fishpoints News email at any time by clicking on the appropriate link in the emails you receive.
Should you wish to delete your Fishpoints account, you can delete in the app profile account.
We will not share your Fishpoints account details with anyone else, unless they work under our responsibility, according to our instructions or when explicitly and lawfully ordered to do so following due legal process.

6.7 Service management and improvement

Fishpoints keeps information that tells us how and when you use our services. This includes information about the device you are using and the information we receive while you use the service, such as locations, routes, destinations and search queries. Fishpoints uses the information for technical diagnostics, to detect fraud and abuse, to create usage reports, and to improve its services. The information is kept only for these purposes and for a limited period of time, after which it is destroyed. Fishpoints is unable to identify you based on this information, and will not try to. Fishpoints applies security methods based on industry standards to protect the information against unauthorised access. Fishpoints will not give anyone else access to the information or use it for any other purpose, unless explicitly and lawfully ordered to do so following due legal process.

6.8 Aggregated Statistics

Fishpoints may collect statistics about the behavior of visitors to its websites or apps. Fishpoints may display this information publicly or provide it to others. However, Fishpoints does not disclose personally-identifying information other than as described below.

6.9 Photo

If you choose to upload a photo to your Fishpoints account, your photo will be viewable by the all community,  You may remove or replace your photo at any time by logging into your account on the app.

6.10 Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Fishpoints uses cookies to help Fishpoints identify and track visitors, their usage of Fishpoints website, and their website access preferences. Fishpoints visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Fishpoints websites, with the drawback that certain features of Fishpoints websites may not function properly without the aid of cookies.

6.11 Business Transfers

If Fishpoints, or substantially all of its assets, were acquired, or in the unlikely event that Fishpoints goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Fishpoints may continue to use your personal information as set forth in this policy.

6.12 Ads

Ads appearing on any of our websites/app may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Fishpoints and does not cover the use of cookies by any advertisers.

6.13 Privacy Policy Changes

Although most changes are likely to be minor, Fishpoints may change its Privacy Policy from time to time, and in Fishpoints sole discretion. Fishpoints encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a Fishpoints account, you might also receive an alert informing you of these changes. Your continued use of this site/app after any change in this Privacy Policy will constitute your acceptance of such change.

6.14 Analytics

We use Google Analytics, which creates a number of first-party cookies, all prefixed __utm:

__utma contains a unique and anonymous identifying ID, which allows us to ensure that subsequent visits to our website are recorded as belonging to the same (unique) visitor. This cookie expires after two years.
__utmb used to establish and continue a unique user session. Each time you request another page from the website the cookie is updated to expire after 30 minutes.
__utmc works with __utmb to determine when to create a new session for a website visitor. This is a session cookie and expires when you exit the browser.
__utmz tracks how you found us and is used to calculate traffic and navigation within the website.
__utmv You may also sometimes find this cookie is created which relates to custom reporting segments, a feature which we occasionally use on Google Analytics.

Full details of the cookies which Google Analytics uses can be found in Cookies & Google Analyticsin documentation for Google’s Analytics tracking code. You can also read Google’s Privacy Policy for Google Analytics.

We don’t share the data that Google Analytics collects, and we don’t believe that our use of Google Analytics is privacy-intrusive. We use the data that is collected in the following ways:

  • to report, in aggregate, how our visitors find and use our website;
  • to understand overall visitor behaviour; and
  • to inform how we update and improve our website.

To opt out of our use of Google Analytics you may wish to consider using the Google Analytics Opt-out Browser Add-on.