Terms and Conditions for use of Trekking Point software.
By receiving, opening the file package, and/or using Trekking Point (“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 Trekking Point your use of Trekking Point indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Trekking Point grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Trekking Point in accordance with this Agreement and any other written agreement with Trekking Point. Trekking Point does not transfer the title of Trekking Point to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Trekking Point and the purchasers or users of Trekking Point .
If you do not agree to be bound by this agreement, remove Trekking Point from your computer now and, if applicable, promptly return to Trekking Point by mail any copies of Trekking Point and related documentation and packaging in your possession.
Trekking Point 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 Trekking Point contact Trekking Point.
Your license to use Trekking Point is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Trekking Point .
You shall use Trekking Point in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Trekking Point 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 Trekking Point may be used on one single computer location by one user. Use of Trekking Point means that you have loaded, installed, or run Trekking Point on a computer or similar device. If you install Trekking Point onto a multi-user platform, server or network, each and every individual user of Trekking Point must be licensed separately.
You may make one copy of Trekking Point 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 Trekking Point . The assignment, sublicense, networking, sale, or distribution of copies of Trekking Point are strictly forbidden without the prior written consent of Trekking Point. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Trekking Point . If any person other than yourself uses Trekking Point 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!
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 Trekking Point . Nor can you create any derivative works or other works that are based upon or derived from Trekking Point in whole or in part.
Trekking Point’s name, logo and graphics file that represents Trekking Point shall not be used in any way to promote products developed with Trekking Point . Trekking Point retains sole and exclusive ownership of all right, title and interest in and to Trekking Point and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Trekking Point , 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 Trekking Point.
You will indemnify, hold harmless, and defend Trekking Point , 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 Trekking Point’s Software.
In no event (including, without limitation, in the event of negligence) will Trekking Point , 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, Trekking Point or the use or inability to use Trekking Point or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Trekking Point’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 Trekking Point ) 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 Trekking Point.
Except as expressly stated in writing, Trekking Point 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.
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.
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 Trekking Point and destroy all copies of Trekking Point supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
a) Neither Trekking Point 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 Trekking Point 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 Trekking Point and any of its suppliers shall be limited to the amount actually paid by you for the Software.
c) Trekking Point 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.
e) Through use of the Services, the User may encounter differences between the real conditions and those indicated in the nautical maps and any other data which is accessible through the Platform. The User acknowledges and undertakes to exercise their own judgement irrespective of use of the Platform and its functions, according to the User’s own responsibility and at the User’s own risk and peril. The User is liable for his or her conduct and for the consequences of same.
f) When a Service requires or includes downloadable software, or otherwise when the User downloads the App, this software may be automatically updated on the User’s device should a new version or function be available, or this software may require that the User actively updates it. The User undertakes to ensure that the software always remains updated in order to obtain the best possible performance from the Premium Services.
g) The Platform may include links to third-party websites which are not controlled or managed directly by Trekking Point(by way of example, websites belonging to commercial businesses reported by Users through publishing Content). Trekking Point is not liable for the information and, in general, for the User’s browsing on these websites operated by third parties.
h) Some of the Services are available on mobile devices. The User undertakes to pay the utmost attention in order to ensure safe use and in compliance with applicable laws, with particular regard to the maritime code and laws put in place to protect one’s own safety and the safety of others, and the User acknowledges that neither the Services replace authorised government maps which, together with warnings to navigators, contain all information necessary for safe navigation. Any log generated or viewed on the App is to be considered solely as a suggestion for planning navigation and must not be used for direct navigation.
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 Trekking Point AS WELL.