Informatique & Mer License Agreement
MaxSea¨ Navigator
Upon opening the package or initially installing the disk with the software
purchased, a legal agreement between you (either an individual or entity), the
End User, and Informatique & Mer S.A. (hereinafter I&M) is in effect. If you do
not agree to the terms of this Agreement, promptly return the disk package and
the accompanying items (including written materials and binders or other
containers) to the place of purchase for a full refund.
NetSea Inc. of Hyannis, Massachusetts is the exclusive representative of I&M
in North America for the MaxSea¨ Navigator.
INFORMATIQUE & MER SOFTWARE LICENSE
1. GRANT OF LICENSE.
(a) Dedicated Use. I&M grants to you the nontransferable, nonexclusive, right to use the one
copy purchased of the I&M software in the purchased disk identified above
(hereinafter the ãSOFTWAREä) on a single computer (ãDedicated computerä). You may
transfer the SOFTWARE to another single computer PROVIDED you do so no more often
than once every (30) days and no copies of the SOFTWARE licensed herein are
retained for use on any other computer. However, if one individual uses the
Dedicated Computer more than 80% of the time it is in use, then that individual also
may use the SOFTWARE on a portable or home computer.
(b) Transitory Use. Notwithstanding above (a), you may transfer the right to use the SOFTWARE as
often as you like, if you require each user of the SOFTWARE to have physical
possession of an original I&M SOFTWARE License Agreement (either this I&M
License Agreement or an equivalent designated by I&M) at all times during the use of
the SOFTWARE.
For the purposes of this section, ãuseä means loading the SOFTWARE into RAM,
as well as installation on a hard disk or other storage device (other than a
network server). You may access the SOFTWARE from a hard disk, over a network, or
any other method you choose, so long as you otherwise comply with this I&M
License Agreement.
2. COPYRIGHT.
The entire right, title, and interest to the SOFTWARE and disk, manual, and
all updates, enhancements and maintenance modifications is owned by I&M, shall
remain with I&M, and is protected by United States copyright laws and
international treaty provisions. Therefore, you must treat the SOFTWARE like any other
copyright material (e.g., a book or musical recording) except that you may either
(a) make a single copy only of the SOFTWARE solely for backup or archival
purposes; or
(b) transfer the SOFTWARE to a single hard disk, provided you keep the
original solely for backup or archival purposes.
You may not copy the written materials accompanying the SOFTWARE.
3. OTHER RESTRICTIONS.
This I&M License Agreement is your proof of license to exercise the rights
granted herein and must be retained by you. You may not rent or lease the
SOFTWARE, but you may transfer your rights under this I&M License Agreement on a
permanent basis, provided you transfer this License Agreement, the SOFTWARE, and all
accompanying written material; retain no copies; and the recipient agrees to
the terms of this Agreement. You may not reverse engineer, decompile, or
disassemble the SOFTWARE. If the SOFTWARE is an update, any transfer must include the
update and all prior versions.
LIMITED WARRANTY
LIMITED WARRANTY.
I&M warrants that
(a) upon opening the package or initially installing the disk with the
software purchased, the SOFTWARE will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from the date of
receipt; and
(b) any hardware accompanying the SOFTWARE will be free from defects in
materials and workmanship under normal use and service for a period of one (1) year
from the date of receipt. Any implied warranties on the SOFTWARE and hardware
are limited to ninety (90) days and one (1) year, respectively, with time of the
essence. Some states do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES.
I&Mâs entire liability and your exclusive remedy shall be, at I&Mâs option, either
(a) return of the price paid; or
(b) repair or replacement of the SOFTWARE or hardware that does not meet I&Mâs Limited Warranty and that is returned to I&M with a copy of your receipt.
This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted
from accident, abuse, or misapplication. Any replacement SOFTWARE will be
warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer. These remedies are not available outside of the United States of America.
DISCLAIMER
Except as expressly set forth herein, I&M makes no warranties, express or
implied, regarding or related to the Licensed SOFTWARE or material furnished.
LIABILITIES
I&M shall not be liable under any claim, demand, or action under this
Agreement for any special, indirect, incidental, exemplary, punitive, or consequential
damages.
RELIEF
End User acknowledges that any unauthorized use or disclosure of the Licensed
SOFTWARE in violation of this Agreement may cause I&M irreparable damage, and
End User agrees not to contest I&M seeking of injunctive or equitable relief.
TRADEMARK
MaxSea¨ is a registered trademark of I&M. No license, right, or interest is
granted to End User in such trademark.
LAW
The validity, construction, and performance of this Agreement shall be
governed exclusively under Massachusetts law, with venue in Barnstable County,
Massachusetts.
AGREEMENT
This Agreement represents the entire Agreement between I&M and End User and
can not be changed except in writing and signed by both parties.
The information in this manual and the specifications included herein are
subject to change without notice.
Should you have any questions concerning this Agreement, or if you desire to
contact NetSea for any reason, please write: NetSea, Inc., 1600 Falmouth Road,
Suite 13, Centerville, MA 02632.
Copyright ©1998, NetSea, Inc.
MaxSea is a Registered Trademark of Informatique & Mer S.A.
NetSea, NavCenter and TrueView are Trademarks of NetSea, Inc.
Other product names mentioned herein may be Trademarks and/or Registered
Trademarks of their respective companies.