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. CONSENT OF USE OF DATA

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 Privacy Policy

Fishpoints operates Fishpoints.net and may operate other websites and apps. It is Fishpoints policy to respect your privacy regarding any information we may collect while operating our websites.

6.2 Website Visitors or Apps Users

Like most website operators, Fishpoints collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Fishpoints purpose in collecting non-personally identifying information is to better understand how Fishpoints visitors use its website. From time to time, Fishpoints may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Fishpoints also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Fishpoints.net blogs/sites. Fishpoints only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

6.3 Gathering of Personally-Identifying Information

Certain visitors to Fishpoints websites choose to interact with Fishpoints in ways that require Fishpoints to gather personally-identifying information. The amount and type of information that Fishpoints gathers depends on the nature of the interaction. For example, we ask visitors who sign up atFishpoints.net to provide a username and email address. Those who engage in transactions with Fishpoints are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Fishpoints collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Fishpoints. Fishpoints does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

6.4 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.

6.4 Protection of Certain Personally-Identifying Information

Fishpoints discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Fishpoints behalf or to provide services available at Fishpoints websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Fishpoints websites, you consent to the transfer of such information to them. Fishpoints will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Fishpoints discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Fishpoints believes in good faith that disclosure is reasonably necessary to protect the property or rights of Fishpoints, third parties or the public at large. If you are a registered user of an Fishpoints website and have supplied your email address, Fishpoints may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Fishpoints and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Fishpoints takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

6.5 Photo

If you choose to upload a photo to your fishponds 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.

6.6 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.

6.7 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.

6.8 Ads

Ads appearing on any of our websites 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.

6.9 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.net account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

6.10 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.