Such a simple warning seems sufficient tonme
But of course it would be hidden if chart quilting is on. I don't think and verbose warning and disclaimer would be 100% watertight in a court. I think some of the commercial
disclaimers have been challenged and rejected in US courts. In the the UK we have a term unfair conditions that is used in court when warning notices are cited as absolving a supplier of blame. I think more is less in this case the more you say the mare lawyers will imply want you did not say or did not say correctly.
Below is a disclaimer for plan2mav I think
you may see the point when did you last read a full terms and conditions before clicking accept.
JEPPESENŽ MOBILE PLAN2NAV APPLICATION
End User License Agreement (EULA)
Last Revised: August 9, 2011
PLEASE READ THIS EULA CAREFULLY. IT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND JEPPESEN MARINE
, INC. AND JEPPESEN ITALIA S.r.l. (JEPPESEN MARINE
INC. AND JEPPESEN ITALIA S.r.l. ARE HEREINAFTER REFERRED TO COLLECTIVELY AS “JEPPESEN” FOR THE USE OF THIS APPLICATION AND ALL DATA CONTAINED WITHIN THIS APPLICATION (APPLICATION AND DATA ARE HEREINAFTER REFERRED TO COLLECTIVELY AS ”APPLICATION&rdquo
. YOUR USE OF THIS APPLICATION IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS EULA. BY CLICKING THE ”ACCEPT” BUTTON OR USING THIS APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THIS EULA.
JEPPESEN RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS OF THIS EULA AT ANY TIME BY POSTING
THE CHANGES IN THIS APPLICATION. THE MOST CURRENT
VERSION OF THE TERMS AND CONDITIONS CAN BE REVIEWED BY GOING TO “SETTINGS” WITHIN THIS APPLICATION THEN TO “LEGAL”. YOU SHOULD VISIT THIS LOCATION EVERY TIME YOU USE THE APPLICATION TO REVIEW THE TERMS AND CONDITIONS. ANY CHANGES OR MODIFICATIONS TO THE TERMS AND CONDITIONS WILL BE EFFECTIVE ON THE DATE THE CHANGE OR MODIFICATION IS MADE. YOUR USE OF THIS APPLICATION FOLLOWING THE DATE OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AS REVISED. IF YOU DO NOT AGREE TO THE REVISED TERMS AND CONDITIONS, THEN YOU MUST STOP USING THIS APPLICATION.
. This Application contains the valuable proprietary content of Jeppesen and its licensors and is protected by copyright
and other intellectual property laws and treaties. Jeppesen and its licensors retain all right, title and interest in the copyrights, patents, trade
secrets, trademarks and other intellectual property rights pertaining to this Application. This Application is licensed, not sold to You, and You agree not to use this Application except in its intended manner in accordance with the terms of this EULA.
2. LICENSE USE AND RESTRICTIONS ON USE. For each license, You may install this Application on one mobile computing device. This Application may be used strictly as a supplement to official navigation
information and traditional navigation techniques and not as the sole or primary method of navigation or for any other purpose whatsoever. IN ADDITION, YOU MUST PAY ATTENTION TO SURROUNDING ENVIRONMENTAL CONDITIONS AND SITUATIONS AND THIS APPLICATION MAY NOT BE USED WHERE SUCH USE MIGHT INTERFERE WITH THE SAFE OPERATION OF ANY WATERCRAFT. THIS APPLICATION IS INTENDED FOR RECREATIONAL USE ONLY. USE OF THIS APPLICATION BY SOLAS (SAFETY OF LIFE AT SEA) CLASS, COMMERCIAL
OR MILITARY WATERCRAFT OR AS OTHERWISE PROHIBITED BY APPLICABLE LAW IS STRICTLY PROHIBITED.
You shall not: (a) copy, reproduce, or publish this Application or any portion thereof; (b) distribute copies of this Application or accompanying materials to others; (c) modify, adapt, translate, reverse engineer
, or decompile this Application or create derivative works based on this Application; (d) modify, adapt, translate, or create derivative works based on the printed, electronic, or written materials; (e) assign, rent, lend, or sublease this Application; or (f) sell or transfer this Application.
3. TERMINATION. This EULA will automatically terminate if You fail to comply with any term of this EULA or any applicable law.
4. NO WARRANTY AND DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY
, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS APPLICATION IS PROVIDED ”AS IS” AND ”AS AVAILABLE,”+ WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. JEPPESEN HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THIS APPLICATION, EITHER EXPRESS, IMPLIED OR ARISING BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. JEPPESEN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THIS APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY JEPPESEN OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU FURTHER ACKNOWLEDGE THAT THIS APPLICATION AND RELATED SERVICES ARE NOT INTENDED AS OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THIS APPLICATION OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION NAUTICAL NAVIGATION OR VESSEL TRAFFIC CONTROL SYSTEMS.
LOCATION DATA PROVIDED BY THIS APPLICATION OR ANY SERVICES ARE FOR SITUATIONAL AWARENESS PURPOSES ONLY AND NOT INTENDED FOR NAUTICAL NAVIGATION AND NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE, TIME-DELAYED OR INCOMPLETE LOCATION DATA COULD LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE, OR VIOLATION OF LAWS OR ANY OTHER APPLICABLE MARITIME REGULATIONS
. JEPPESEN DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY
, OR TIMELINESS OF LOCATION DATA OR ANY OTHER DATA DISPLAYED BY THIS APPLICATION OR SERVICES. USE OF THIS LOCATION DATA IS AT YOUR SOLE RISK.
NAUTICAL NAVIGATION IS AN INHERENTLY DANGEROUS ACTIVITY AND SHOULD ONLY BE ENGAGED IN BY PERSONS WITH ADEQUATE TRAINING AND EXPERIENCE.
THIS APPLICATION MAY NOT CONTAIN ALL NAUTICAL NAVIGATION DATA NEEDED FOR SAFE NAUTICAL NAVIGATION. ONLY CURRENT
CHARTS AND NOTICES TO MARINERS CONTAIN ALL INFORMATION NEEDED FOR SAFE NAUTICAL NAVIGATION.
THIS APPLICATION IS NOT ADEQUATE AS A PRIMARY MEANS OF NAVIGATION, AND SHOULD BE USED ONLY AS A SUPPLEMENT TO OFFICIAL GOVERNMENT
CHARTS AND TRADITIONAL NAVIGATION METHODS TO AID IN SITUATIONAL AWARENESS OF THE SURROUNDING ENVIRONMENTAL CONDITIONS.
THIS APPLICATION IS DERIVED, IN PART, FROM DATA PROVIDED WITH THE PERMISSION OF VARIOUS NATIONAL HYDROGRAPHIC OFFICES AND OTHER THIRD PARTY SOURCES (THE “LICENSORS&rdquo
. JEPPESEN IS AN AUTHORISED USER AND LICENSEE OF THIS DATA UNDER SEPARATE AGREEMENTS WITH THE LICENSORS. ALL RIGHTS ARE RESERVED BY THE RESPECTIVE LICENSORS AND COPYRIGHT
RESTRICTIONS APPLY. INFORMATION ABOUT THE SOURCE OF A SPECIFIC NAUTICAL CHART MAY BE VIEWED BY CHOOSING “DETAILS / DATA SOURCE” IN THE NAVIGATION SYSTEM.
JEPPESEN IS NOT RESPONSIBLE FOR DEFECTS IN THIS APPLICATON DUE TO INCORRECT OR MISSING INFORMATION FROM THESE LICENSORS OR OTHER THIRD PARTY SOURCES.
NO LICENSOR HAS VERIFIED THIS APPLICATION AND NO LICENSOR ACCEPTS ANY LIABILITY FOR THE ACCURACY OF THIS APPLICATION OR FOR ANY MODIFICATIONS THAT MAY HAVE BEEN MADE TO THE INFORMATION SUPPLIED. FURTHERMORE, NO LICENSOR WARRANTS THAT THE DATA MEETS ANY REGULATIONS
AS AN APPROPRIATE PRODUCT FOR NAVIGATION OR THAT IT CONTAINS THE MOST CURRENT HYDROGRAPHIC INFORMATION AVAILABLE.
5. LIMITATION ON LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JEPPESEN BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE 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 OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE) AND EVEN IF JEPPESEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED TWO HUNDRED FIFTY DOLLARS (U.S. $250.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states and jurisdictions do not allow limitations on direct, indirect, incidental, or consequential damages, so the above limitations or exclusions may not apply to You.
If a court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on Jeppesen’s liability set forth in this Section will apply to the fullest extent permitted by law. If Jeppesen cannot exclude or limit a warranty or liability implied by law, this EULA will be read and construed subject to such provisions of law.
6. INDEMNIFICATION. You will defend, indemnify and hold harmless Jeppesen, its licensors and its subcontractors from and against all claims and liabilities (including claims by third parties), and costs and expenses (including attorneys' fees), incident thereto or incident to successfully establishing the right to indemnification, arising out of or relating to any claims for injury to or death of any person or persons, including Your employees, or for loss of or damage to any property, including any watercraft, or otherwise arising out of or in any way relating to Your utilization of the Application provided hereunder, whether or not arising in tort or occasioned by the negligence of Jeppesen. Your obligations under this indemnity will survive the termination of this EULA.
7. EXPORT COMPLIANCE. You are responsible for Your compliance with any applicable export control restrictions, laws and regulations as may be modified from time to time, imposed by the governments of the U.S. and, if applicable, other countries. You shall not attempt to, or knowingly export or re-export the Application covered under this EULA to any country or national thereof prohibited from obtaining such Application, either directly or indirectly. Each party shall, at its sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct its respective activities hereunder. Nothing in this clause releases You from any obligation stated elsewhere in this EULA not to disclose such Application.
8. ENTIRE AGREEMENT. This EULA contains the entire understanding of the parties hereto relating to the subject matter hereof. No waiver or modification of any of the terms hereof by You will be valid unless in writing and signed by both Jeppesen and You. No waiver of any breach will be deemed a waiver of any subsequent breach. If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will not be affected.
9. GOVERNING LAW. This EULA will be interpreted under and governed by the laws of the State of Colorado, U.S.A. without recourse to choice of law statutes or principles that would otherwise result in the application of the law of any other jurisdiction to this EULA. The United Nations Convention on Contracts for the International Sale
of Goods will not apply to this EULA.
10. CONFLICTING DOCUMENTS. In the event You issue a purchase
order for Your request of the Application, the terms and conditions therewith are hereby rejected by Jeppesen and this EULA will govern and take precedence over all other terms and conditions contained on or referenced by such purchase
When You download or use the Application on any AppleŽ operating system, the following terms apply and You agree as follows:
a. Acknowledgement: The parties acknowledge that this EULA is concluded solely between such parties, and not with Apple, and Jeppesen, not Apple, is solely responsible for the Application and the content thereof. You further acknowledge that the usage rules for the Application are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service
as of the date You download the Application, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive.
of License: The license granted to You is limited to a non-transferable license to use the Application on any iPhone
, iPod touch or iPad
that You own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service
and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance
and support services with respect to the Application.
d. Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to this Application. In the event of any failure of this Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price
, if any, paid to Apple for this Application to that end-user; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application. The parties acknowledge that to the extent that there are, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty they would be the sole responsibility of Jeppesen. However, You understand and agree that in accordance with the EULA, Jeppesen has disclaimed all warranties of any kind with respect to this Application and, therefore, there are no warranties applicable to this Application.
e. Product Claims: The parties acknowledge that as between Apple and Jeppesen, Jeppesen, not Apple, is responsible for addressing any claims of the end-user or any third party relating to this Application or the end-user’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that this Application fails to conform to any applicable legal
or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Compliance. You represent and warrant that You are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and You are not listed on any United States Government list of prohibited or restricted parties.
g. Intellectual Property Rights. You acknowledge that, in the event of any third party claim that Your possession and use of this Application infringes that third party’s intellectual property rights, Apple will have no responsibility or liability whatsoever for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
h. Third Party Terms. You must comply with applicable third party terms and conditions when using this Application.
i. Third Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions contained herein, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.
j. Name and Address of JEPPESEN.
Jeppesen Marine, Inc., 55 Inverness Drive East, Englewood, CO 80112.
Jeppesen Italia S.r.l., Centro Direzionale Olidor, Via Dorsale, 9, 54100 Massa, ITALY
By pressing Accept, you confirm that you:
1. acknowledge the above warning and accept the limitations of this product and the C-MAP
by Jeppesen charts
2. have read the documentation
for this product, including its notes, and the Jeppesen Data License Agreement, and agree to be bound by the terms of the Jeppesen Data License Agreement.