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OCENS END USER LICENSE AGREEMENT The Products and/or Content transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. OCENS reserves all rights not expressly granted to You. The Products that are subject to this license are referred to in this license as the "Licensed Service." a. Scope of License: This license granted to You for the Licensed Service by OCENS is limited to a non-transferable license to use the Licensed Service on devices You own or control. This license does not allow You to use the Licensed Service on any device that You do not own or control, and You may not distribute or make the Licensed Service available over a network, other than a network solely active and present on your vessel, where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Service. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, analyze network data traffic, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Service). Any attempt to do so is a violation of the rights of OCENS and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by OCENS that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. b. Consent to Use of Data: You agree that OCENS may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Service. You authorize OCENS to share this information with EchoMasterMarine. OCENS may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. c. Termination. The license is effective until terminated by You or OCENS. Your rights under this license will terminate automatically without notice from OCENS if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Service. d. Services; Third Party Materials. The Licensed Service may enable access to OCENS's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials"). By using the Services, You acknowledge and agree that OCENS is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. OCENS does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither OCENS, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or location data inherent within or displayed through use of the Licensed Service. You agree that the Licensed Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Licensed Service may be reproduced in any form or by any means. You shall not exploit the Licensed Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Licensed Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that OCENS is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Licensed Services. In addition, Licensed Services and Third Party Materials that may be accessed from, displayed on or linked to or from your device are not available in all languages or in all countries. OCENS makes no representation that such Licensed Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Licensed Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. OCENS, and its licensors, reserve the right to change, suspend, remove, or disable access to any Licensed Service at any time without notice. In no event will OCENS be liable for the removal of or disabling of access to any such Licensed Services. OCENS may also impose limits on the use of or access to certain Licensed Services, in any case and without notice or liability. e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SERVICE AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED SERVICE ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OCENS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SERVICE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OCENS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SERVICE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SERVICE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OCENS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OCENS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF OCENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall OCENS's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. g. You may not use or otherwise export or re-export the Licensed Service except as authorized by United States law and the laws of the jurisdiction in which the Licensed Service was obtained. In particular, but without limitation, the Licensed Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. i. The laws of the State of Washington, excluding its conflicts of law rules, govern this license and your use of the Licensed Service. Your use of the Licensed Service may also be subject to other local, state, national, or international laws.
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