End-User Agreement ("Agreement") for the application service Maritime Optima
Effective from: 21st of March 2021
An end user means any user of the service application; all account owners, free users, team members also those who have been invited into a team as an employee, or a person without being an employee or in any contractual relationship with a Customer, and any other person that has been granted access to the service by either Maritime Optima AS or the Customer.
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button and start downloading or using Maritime Optima AS' ("Application Service").
By clicking the "I Agree" button, downloading or by using the Application Service, you are agreeing to be bound by the terms and conditions of this Agreement. If you disagree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application Service.
Subscriptions
Maritime Optima AS grants you a revocable, non-exclusive, non-transferable, limited right to use a subscription for the Application Service in accordance with the terms of this Agreement.
The user shall use the Application Service only for the purposes specified and agreed on in this Agreement.
Intellectual Property Rights
Application Content: You are granted a limited, non-exclusive, revocable license to use the Application Service as described inside the product and on our web site:
https://www.maritimeoptima.com/pricing.
The customer is
not granted a right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare derivative works etc. Except for the limited rights expressly granted herein, all right, title and interest in and to the content on the Application Service is owned by Maritime Optima AS.
User Content: The user is solely responsible for the content you submit to the Application Service and the consequences of posting such content. In connection with such content, you warrant that you own or have the necessary licenses to use and authorize Maritime Optima AS to use any and all the content that you submit to the Application Service. You shall not submit as part of any such content any material that is copyrighted, protected as trade secret or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have permission from the rightful owner.
Restrictions
You are responsible for all activities in your account. You shall comply with all laws, regulations and conventions applicable to you in connection with the use of the Application Service, as well as other laws related to privacy, publicity, data protection, electronic communication and applicable anti-spam legislation.
You agree not to, and you will not permit others to:
Impair the security of the Application Service,
Give individuals not associated with the team or the company access to your account.
Log on to a server or account on the Application Service that you are not authorized to access,
Damage or make any part of the Application Service unusable,
Lease, distribute, license, sell or otherwise commercially exploit the Application Service or make the Application Service available to a third party other than as stated in this Agreement.
Communication. You are responsible for the content of all communications sent through the Application Service and shall comply with all applicable laws and regulations in connection with the use of the Application Service. You may not use the Application Service to communicate any message or material that:
Is harmful to minors, obscene or constitutes pornography.
Infringes on the intellectual property rights of a third party or is otherwise unlawful; or would otherwise give rise to civil liability.
Impair the security of the Application Service.
Log on to a server or account on The Service that the Account Owner is not authorized to access or
Damages or make any part of the Application Service unusable
Would otherwise give rise to civil liability; or
Constitutes or encourages conduct that could constitute a criminal offence under applicable laws or regulations.
Use of any bots to crawl or scrape of our websites are considered prohibited. We will file police reports on any attempts to do so.
Lease, distribute, license, sell or otherwise commercially exploit The Application Service or make The Application Service available to a third party other than as stated in this Agreement.
In the event you commit any breach of these restrictions, Maritime Optima AS will endeavor to provide you with the opportunity to remove or disable access to the offending material or content.
However, Maritime Optima AS reserves the right to immediately remove, at its sole discretion, any content that is unlawful or offensive without prior notification. In addition to any other rights and remedies under the Agreement and in law, Maritime Optima AS reserves the right to immediately suspend access to the Application Service if such breach, in Maritime Optima AS ’s opinion, is illegal or is an imminent threat to the Application Service.
Modifications to Application
Maritime Optima AS reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application Service or any service to which it connects, with or without notice and without liability to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Disclaimer
All data related to vessels, ports, weathers, loadline lines, polar codes, fixtures and other data presented in different features in the Application Service, are believed to be correct. The data is obtained from various sources and may be subject to frequent updates and changes without prior notice.
However, Maritime Optima does not accept any form of liability, neither legally nor financially, for loss (direct or indirect) caused by relying on or using the Application Service or its data.
Amendments to this Agreement
Maritime Optima AS reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Information
If you have any questions about this Agreement, please contact us.
Maritime Optima AS
Address: Bryggegaten 9, 0250 OSLO
Phone: + 47 47 01 07 04
E-mail: post@maritimeoptima.com
