END USER LICENSE AGREEMENT (EULA)

Thank you for choosing the Mastex Software MXSuite software. Do not use or load this software and any associated materials (collectively, the ‘Software’) until you have carefully read the following terms and conditions. By installing, loading and/or using the Software, you agree to the terms of this end user license agreement (the ëagreementí). If you do not wish to do so, the software must not be installed, loaded and/or used.

 

LICENSE:

  1. You are granted a non-exclusive, non-transferable, non-sublicenseable license to use the Software in accordance with the terms set out in this agreement.
  2. You may install the Software onto one or more computer(s), however only at one (1) vessel or location at the same time, for your personal or commercial use only.
  3. You may make one back-up copy of the Software. You may use such back-up only to reinstall the Software on the computer(s) on which the Software was installed originally.
  4. You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided for in this agreement, and you agree to prevent unauthorized copying of the Software.
  5. You may not circumvent technical protection measures in, reverse engineer, decompile, or disassemble the Software.
  6. The Software may include third party software and/or portions thereof. These are offered on their separate terms, which shall apply in addition to those set out in this agreement.
  7. If you licensed the Software on a subscription basis, your rights to use the Software are limited to the subscription period. If you extend your subscription, you may continue using the Software until the end of the extended subscription period. After the expiration of your subscription the Software will stop running.
  8. Only if specifically agreed upon with Mastex Software, Mastex Software provides support services for properly licensed Software, as described at www.mastexsoftware.com (the ëServicesí).

OWNERSHIP OF SOFTWARE AND COPYRIGHTS: Title to (all copies of) the Software remain at all times with Mastex Software or its respective suppliers and/or third parties. The Software is copyrighted and protected by the laws of the European Union, the United States, other countries and international treaty provisions. You may not remove any copyright notices from the Software. Mastex Software may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software.

Except as expressly provided otherwise, Mastex Software grants no express or implied right under Mastex Software patents, copyrights, trademarks, or other intellectual property rights. You may not sublicense or transfer the Software without having obtained prior written approval thereof from Mastex Software and (in that case) only if the recipient agrees to be fully bound by the terms in this agreement and further only if you retain no copies of the Software.

LIMITED MEDIA WARRANTY: If the Software has been delivered by Mastex Software on physical media, Mastex Software warrants the media to be free from material physical defects for a period of ninety (90) days after delivery by Mastex Software. If such a defect is found, return the media to Mastex Software for replacement or alternate delivery of the Software as Mastex Software may select.

EXCLUSION OF OTHER WARRANTIES: EXCEPT AS PROVIDED ABOVE; THE SOFTWARE IS PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Mastex Software DOES ALSO NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SOFTWARE.

LIMITATION OF LIABILITY: EXCEPT IN CASE OF INTENT OR WILFUL RECKLESNESS Mastex Software OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST REVENUE , LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR IN-ABILITY TO USE THE SOFTWARE AND/OR THE SERIVCES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR EXPRESS OR IMPLIED WARRANTIES OR DIRECT OR CONSEQUENTIALOR INCIDENTAL DAMAGES, IN WHICH CASE THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN ITS FULL EXTENT BUT SHALL APLY TO THE MAXIMUM EXTENT ALLOWED FOR IN THE RELEVANT JURISDICTION. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

TERMINATION OF THIS AGREEMENT: Mastex Software may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or, at Mastex Softwareí sole discretion, return all copies of the Software to Mastex Software.

APPLICABLE LAW: this agreement shall be governed by the laws of the Netherlands. Application of the UN Convention on Contracts for the International Sale of Goods shall not apply.

GENERAL TERMS AND CONDITIONS: Mastex Softwareí general Terms and Conditions are applicable to this agreements. These terms and conditions may be found on Mastex Softwareí website www.mastexsoftware.com. Mastex Software reserves its right to amend the general Terms and Conditions, in which case the amended general Terms and Conditions shall apply to all present and future licenses.

CHOICE OF FORUM: all claims arising out of or relating to this agreement shall be exclusively settled by the competent court in Rotterdam, The Netherlands, except where mandatory law of the country of your residence stipulates otherwise.

You may not export the Software in violation of applicable export laws and regulations.

Mastex Software is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Mastex Software.

ENTIRE AGREEMENT: This agreement (together with Mastex Softwareí general terms and conditions and terms accompanying any Software supplements, updates and Services that are provided by Mastex Software and that you use) are the entire agreement for the Software and such supplements, updates and Services (unless Mastex Software provides other or additional terms with such supplements, updates and/or Services).

SEVERABILITY CLAUSE: If any of the provisions of this agreement is found to be invalid or unenforceable, then the remainder of this agreement will stay in full force and effect and the invalid or unenforceable clause shall be replaced by a clause that has the same legal and factual effect to the maximum extent possible without being invalid or unenforceable.