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 ‘EULA’). If you do not wish to do so, the Software must not be installed, loaded and/or used.

1. Grant of license. You are granted a non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance with the terms set out in this EULA. This EULA can be updated from time to time, in Mastex Software’s sole discretion, and will be made available at www.mastexsoftware.com/mastex-software/eula.
   
2. Subscription period/license term. 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 (extended as the case may be) the Software will stop running and any and all (user)data contained in the Software will be lost.
   
3. Permitted use. 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. You may make a backup copy of the Software. You may use such backup only to reinstall the Software on the computer(s) on which the Software was installed originally.
   
4. Prohibited use. You may not: (a) copy, modify, rent, sell, distribute or transfer any part of the Software except as provided for in this EULA, and you agree to prevent unauthorized copying of the Software; (b) use the Software in violation of any applicable laws, rules or regulations and/or export the Software in violation of applicable export laws and regulations; and (c) circumvent technical protection measures in, reverse engineer, decompile, or disassemble the Software.
   
5. Technical information collection. You agree that Mastex Software may, for business purposes and for improving the Software, collect, process and use certain technical information that is gathered as part of the use of the Software, any product maintenance and support, any services provided to you and any other information you provide to Mastex Software, provided such information does not identify you, a specific individual, or contain any personally identifiable information, you consent to Mastex Software’s storage and processing of such technical information for the purpose of providing Software and support to you.
   
6. Personal information. In the event you provide personal or personally identifiable information to Mastex Software as part of the use of the Software, or for performing services, such information will be processed in accordance with Mastex Software’s privacy statement, which is available at mastexsoftware.com/mastex-software/privacy.
   
7. 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. 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 EULA.
   
8. Limited warranty. Mastex Software provides the Software ‘as is’. 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. 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 EULA and further only if you retain no copies of the Software. 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, NONINFRINGEMENT, 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.
   
9. 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 INABILITY 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.
   
10. Termination. Mastex Software may terminate this EULA at any time if you violate its terms. Upon termination, you will immediately destroy the Software or, at Mastex Software’s sole discretion, return all copies of the Software to Mastex Software.
    
11. Applicable law and choice of forum. This EULA 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. All claims arising out of or relating to this EULA shall be exclusively settled by the competent court in Rotterdam, The Netherlands, except where mandatory law of the country of your residence stipulates otherwise.
    
12. Audit. During the term of this EULA and for a period of one (1) year thereafter, Mastex Software may, during normal working hours and upon reasonable prior notice, inspect the files, computer processors, equipment and facilities of you to verify your compliance with this EULA.
    
13. General terms and conditions. Mastex Software’s general Terms and Conditions are applicable to this EULA. These terms and conditions are available at 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 – including this EULA.
    
14. Entire Agreement. This EULA (together with Mastex Software’s 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). Mastex Software is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Mastex Software.
    
15. Severability. If any of the provisions of this EULA is found to be invalid or unenforceable, then the remainder of this EULA 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.
    
16. No waiver. No failure of either party to exercise or enforce any of its rights under this EULA will act as of will be deemed to be a waiver of such rights and/or any other rights of that party.