Navico Databases License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN THE END-USER WHO FIRST PURCHASES
THIS PRODUCT AS A CONSUMER ITEM FOR PERSONAL, FAMILY, OR HOUSEHOLD USE
(“YOU”) AND NAVICO, THE MANUFACTURER OF THIS PRODUCT (“WE”, “OUR”, OR “US”).
USING THE PRODUCT ACCOMPANIED BY THIS LICENSE AGREEMENT CONSTITUTES
ACCEPTANCE OF THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT ALL TERMS AND CONDITIONS, PROMPTLY RETURN THE
PRODUCT WITHIN 30 DAYS OF PURCHASE. PLEASE RETURN USING THE ENCLOSED UPS
SHIPPING LABEL AND INCLUDE: PROOF OF PURCHASE, NAME, ADDRESS, AND PHONE
NUMBER. YOUR PURCHASE PRICE AND ANY APPLICABLE TAXES WILL BE REFUNDED.
PLEASE ALLOW 4-6 WEEKS TO PROCESS YOUR REFUND.
1.
This License Agreement applies to the one or more databases that your product may
contain. We refer to these singly as a “Database” and together as the “Databases.” Your
product may thus include the “WBS Database” which contains worldwide background
surface mapping data, the “SmartMap Database” which contains inland mapping data,
or other Databases.
2.
The Databases that your product may contain are licensed, not sold. We grant to you the
nonexclusive, nonassignable right to use these Databases for supplemental navigation
reference purposes, but only as long as you comply with the terms and conditions of
this License Agreement. We reserve the right to terminate this license if you violate any
aspect of this License Agreement. You are responsible for using official government
charts and prudent navigation for safe travel.
3.
The Databases housed in your product are protected by the copyright notices appearing
on the product or its screen(s). You may NOT modify, adapt, translate, reverse engineer,
decompile, disassemble, rent, lease, or resell any Database, and you may NOT create
derivative works based upon any Database or its contents. Any unauthorized reproduc-
tion, use, or transfer of a Database may be a crime and may subject you to damages
and attorney fees.
4.
This License Agreement will terminate immediately without prior notice from us if you
fail to comply with or violate any of the provisions of this Agreement. Upon termina-
tion, you will promptly return all products containing one or more Databases to us.
5.
Prices and programs are subject to change without notice.
6.
This License Agreement shall be governed by the laws of the State of Oklahoma and
comprises the complete and exclusive understanding between you and us concerning
the above subject matter.
Databases Limited Warranty
“We”, “our”, or “us” refers to Navico, the manufacturer of this product. “You” or “your”
refers
to the first person who purchases the product as a consumer item for personal, family, or household use.
The Databases Limited Warranty applies to the one or more databases that your product may contain.
We refer to each of these as a “Database” or together as the “Databases.” Your product may thus include
the “WBS Database” which contains worldwide background surface mapping data, the “SmartMap
Database” which contains inland mapping data, or other Databases.
We warrant to you that we have accurately compiled, processed, and reproduced the portions of the
source material on which the Databases are based. However, we are under no obligation to provide
updates to the Databases, and the data contained in the Databases may be incomplete when compared to
the source material. WE MAKE NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND ABOUT
THE ACCURACY OF THE SOURCE MATERIAL ITSELF, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
If there is a defect in any Database, your exclusive remedy shall be, at our option, either a refund of
the price you paid for the product containing the defective Database or a replacement of such product.
WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO ANYONE FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL, OR OTHER INDIRECT DAMAGE OF ANY KIND.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitations or exclusions may not apply to you.
This warranty does NOT apply in the following circumstances: (1) when the product has been serviced
or repaired by anyone other than us; (2) when the product has been connected, installed, combined,
altered, adjusted, or handled in a manner other than according to the instructions furnished with the
product; (3) when any serial number has been effaced, altered, or removed; or (4) when any defect,
problem, loss, or damage has resulted from any accident, misuse, negligence, or carelessness, or from
any failure to provide reasonable and necessary maintenance in accordance with the instructions of the
owner’s manual for the product.
We reserve the right to make changes or improvements in our products from time to time without
incurring the obligation to install such improvements or changes on equipment or items previously
manufactured.
This warranty gives you specific legal rights and you may also have other rights which may vary from
state to state.
Your remedies under this warranty will be available so long as you can show in a reasonable manner
that the defect occurred within one (1) year from the date of your original purchase, and we must receive
your warranty claim no later than 30 days after such 1-year period expires. Your claim must be substanti-
ated by a dated sales receipt or sales slip.
