Admiralty Digital Catalogue
End-user Licence Agreement
Attention: Please read the following text carefully, by clicking the "Next" button you agree to this licence.
1 THE PARTIES
The UKHO The United Kingdom Hydrographic Office, for and on behalf of the Secretary of State for Defence of the United Kingdom of Great Britain and Northern Ireland, of Admiralty Way, Taunton, Somerset, TA1 2DN, United Kingdom.
The LICENSEE The person downloading the Catalogue.
2 DEFINITIONS
AUTHORISED USERS means those persons authorised by the LICENSEE to use the Catalogue.
CATALOGUE means the Admiralty Digital Catalogue software that will be downloaded if the Licensee accepts the terms of this Agreement.
2 GRANT
2.1 In its own right and on behalf of ChartWorld GmbH, its successors or assigns the UKHO grants the LICENSEE the right to use one copy of the CATALOGUE on any single computer, provided that the CATALOGUE is in use on only one computer at any time. The CATALOGUE is in use on a computer when it is loaded into the temporary memory (for example the Random Access Memory, or RAM) or installed onto a permanent storage device (for example the hard disk or a CD ROM drive) of that computer.
2.2 The LICENSEE agrees to ensure that the AUTHORISED USERS are made fully aware of, understand and agree to abide by the terms and conditions of this Agreement before they are allowed access to the CATALOGUE. The LICENSEE accepts full responsibility for the actions of its AUTHORISED USERS.
2.3 On behalf of ChartWorld GmbH, its successors or assigns the UKHO grants the LICENSEE the right to make one (1) copy of the CATALOGUE solely for backup or archive purposes. This copy shall remain subject to all terms and conditions of this Agreement.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 Intellectual property rights (including copyright, database rights, trade marks, service marks and goodwill) in the CATALOGUE shall remain at all times the property of the British Crown, the UKHO, ChartWorld GmbH or their licensors. The LICENSEE shall acquire no rights in any such material except as expressly provided in this Agreement.
3.2 The LICENSEE shall give prompt notice to the UKHO if the LICENSEE becomes aware of any unauthorised use or exploitation of the whole or any part of the CATALOGUE by any third party.
4 RESTRICTIONS
4.1 The CATALOGUE is not to be used by the LICENSEE for navigational or other safety-related purposes.
4.2 The LICENSEE shall not alter, merge, modify or adapt the CATALOGUE in any way, including by way of disassembling or decompiling it, and the LICENSEE shall not loan, rent or purport to lease or sub-license the CATALOGUE or any copy of it to any person.
5 TERM AND TERMINATION
5.1 This Agreement shall come in to force from the date the LICENSEE downloads the CATALOGUE and shall continue in force until terminated in accordance with clause 5.2 below.
5.2 This Agreement shall terminate forthwith if the LICENSEE or the AUTHORISED USERS violate any of its provisions.
5.3 Upon termination of the Agreement, or if the UKHO supplies the LICENSEE with any replacement version of the CATALOGUE, the LICENSEE shall destroy all copies, including partial copies, of the CATALOGUE the subject matter of this Agreement.
6 LICENCE DISCLAIMER
6.1 Neither the UKHO nor ChartWorld GmbH shall be liable for loss or damage due to the use, misuse or non-use of the CATALOGUE by the LICENSEE or its AUTHORISED USERS (except in case of death or personal injury solely and directly attributable to any negligent compilation or transcription by the UKHO of the CATALOGUE, unless this can be excluded under local law), in contract, tort, under statute or otherwise and whether or not arising out of any negligence on the part of the UKHO in respect of any inadequacy of any kind whatsoever in the CATALOGUE.
7 GENERAL
7.1 Assignment and Sub-Licensing: The LICENSEE shall not be entitled to assign or sub-license to any third party any of its rights or obligations under this Agreement without the UKHO’s prior written consent. The UKHO shall be entitled to assign or contract-out its rights and obligations under this Agreement to any person, but the UKHO shall give notice of such assignment in writing to the LICENSEE.
7.2 Severability: If any part, term or provision of this Agreement not being of a fundamental nature be held illegal or unenforceable the validity or enforceability of the remainder of this Agreement shall not be affected.
7.3 Rights of third parties: Notwithstanding anything to the contrary elsewhere in this Agreement, no right is granted to any person other than ChartWorld GmbH who is not a party to this Agreement in their own right and the parties to this Agreement declare that they have no intention to grant any such right.
7.4 Entire Agreement: This Agreement supersedes and cancels all previous agreements and working arrangements whether oral or written, express or implied between the parties in respect of or in connection with the matters referred to in this Agreement.
7.5 No Waiver: No waiver of any term or condition of this Agreement shall be effective unless made in writing and signed by the party against which enforcement of the waiver is sought. The waiver of any breach of any term or any condition of this Agreement shall not be construed as a waiver of any subsequent breach of a term or condition of the same or different nature.
7.7 Amendment: This Agreement may be amended by the UKHO giving not less than three months’ notice or at any time in writing signed by both parties.
7.8 Governing Law: To the extent that this Agreement relates to the intellectual property rights of the British Crown or the UKHO it shall be governed by and construed and interpreted in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts. To the extent that this Agreement relates to the intellectual property rights of ChartWorld GmbH it shall be governed by and construed and interpreted in accordance with German law and the parties submit to the exclusive jurisdication of the courts of Hamburg.
shadowman991