License Statement Azimuth Assist


End User License Agreement for Azimuth Assist

1. License scope

  1. Nienhuis - Nautical Assist hereby grants to the rightful acquirer of Azimuth Assist ("you") a right to use this software. This right is limited to use by you within your company or other legal entity
  2. The software may be used on an unlimited number of computers within your organization.
  3. It is expressly forbidden to:
    • reverse engineer the source code of the software or to decompile the software, except to the extent permitted by mandatory law;
    • provide copies of the software to third parties;
    • sublicense the software or otherwise make the software available to third parties, including by rental, Software-as-a-Service models or otherwise;
    • modify the software, except to the extent permitted by mandatory law;
    • remove indications of Nienhuis - Nautical Assist as copyright holder of the software or to remove or render illegible any part thereof.
  4. You may make a backup copy of the software. This backup copy may not be used or traded or distributed in any way, except in conjunction with the original software.

2. Intellectual property

  1. All rights, title and interest to the software, the accompanying documentation and all modifications and extensions thereto rest and remain with Nienhuis - Nautical Assist. You only have the rights and permissions explicitly granted to you by this agreement or granted in writing otherwise. You may not use, copy, distribute or publish the software in any other manner.

3. Consideration

  1. You may use the software for a limited period at no charge for the purpose of evaluating if the software is right for you. After this period a one-time fee is due. The agreement terminates automatically in case you do not pay the fee after this period. You will be separately informed about the manner of payment by Nienhuis - Nautical Assist.
  2. You must register to use this software. During registration Nienhuis - Nautical Assist processes certain of your personal data. In addition to the data requested in the registration form the IP-address from which the registration is undertaken is recorded, as well as information regarding the software. This personal data is only used for the execution of the license agreement and related purposes such as the making of related offers or notifications of available updates.
  3. Personal data will be deleted when it is no longer necessary for execution of this agreement, unless applicable law demands that the data is retained for a longer period. Consult the privacy policy of Nienhuis - Nautical Assist referred to during registration.
  4. Use of the software additionally requires activation. The software must be activated after a trial period of one month after installation. To complete activation after the trial period the software performs an activation protocol via the internet with a server operated by Nienhuis - Nautical Assist.

4. Updates

  1. Nienhuis - Nautical Assist from time to time releases updates that address bugs or improve the functioning of the software
  2. The software will alert you to any available updates. This requires an active internet connection. Installation of updates is performed only with your separate consent. No liability is accepted for any damage caused by bugs addressed in an update not installed by you.
  3. An update may provide terms additional to the terms of this agreement. You will be informed in advance if this is the case and you will have an opportunity to refuse that update. By installing such an update you accept the additional terms, which then become part of this agreement.

5. Support

  1. You are solely responsible for installation and usage of the software. The documentation will provide recommended requirements for the hardware and software environment.
  2. Nienhuis - Nautical Assist shall provide you with a reasonable level of support through its website and/or e-mail (or other communication channels announced to you). Nienhuis - Nautical Assist however does not guarantee that all requests for support or bug reports are taken into consideration.

6. Guarantees and liability

  1. Nienhuis - Nautical Assist guarantees:
    • that the carrier on which the software is supplied, shall function in accordance with expectations for a period of 90 days after receipt (and will replace the carrier free of charge if not);
    • that Azimuth Assist substantially operates as described in the documentation;
    • that Azimuth Assist contains no viruses, backdoors or malicious routines;
    • that Azimuth Assist violates no third-party rights (such as copyrights), excluding any violations arising out of a particular use of the software;
    • it will use its best efforts to investigate any reported bugs as soon as is practical and to repair such bug or create a workaround (but may delay repairing bugs with limited impact until the next planned update);
    • but nothing else.
  2. Nienhuis - Nautical Assist will indemnify and hold you harmless for any claims by third party alleging a copyright infringement, a patent infringement, a personal data breach ("data leak"), an error in the software, but only if and to the extent the allegation is based in the software as delivered by Nienhuis - Nautical Assist.
  3. In all cases you must report the allegation to Nienhuis - Nautical Assist as soon as possible and provide all reasonable support necessary to resolve the allegation. If no other options are available Nienhuis - Nautical Assist may terminate this agreement to resolve the allegation.
  4. Except in cases of intentional misconduct or gross negligence or the violation of a warranty granted above Nienhuis - Nautical Assist is not liable towards you, regardless of ground, for any damages in connection with Azimuth Assist.
  5. No liability exists in case damages were not reported timely after discovery to Nienhuis - Nautical Assist. In addition no liability exists if the cause of damage is beyond the control of Nienhuis - Nautical Assist.

7. Term of the agreement

  1. This agreement enters into force when you start making use of the software and remains in force for one year.
  2. Unless the agreement is terminated at least one month prior to the end of this period, the term is extend with successive periods of equal length.
  3. This agreement terminates automatically and immediately in case you enter into bankruptcy, apply for a suspension of payments, your assets are seized, or in case your company enters into liquidation, legal dissolution or winding-up.
  4. After termination of the agreement (regardless of reason) you must cease all use of Azimuth Assist. In addition you must remove all copies (including backup copies)) of Azimuth Assist from all computer systems under your control.

8. Miscellaneous terms

  1. Dutch law applies to this end-user license agreement.
  2. Unless dictated otherwise by mandatory law, all disputes arising in connection with this agreement shall be brought before the competent Dutch court for the principal place of business of Nienhuis - Nautical Assist.
  3. A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement. In such a case the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.
  4. Nienhuis - Nautical Assist may assign its rights and obligations under this agreement to a third party that acquires the relevant business or the copyrights to Azimuth Assist from her.