This Web Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Passage Navigation LLC (“Company”). This Agreement governs your use of the Passage Nav web planner (including all related documentation, the “Web Planner”). The Web Planner is licensed, not sold, to you.
PLEASE READ THIS SECTION CAREFULLY BEFORE USING THE WEB PLANNER.
Passage Nav is a sailing distance and passage planning tool. It is not a navigation instrument and must not be used as one. The Web Planner is designed to assist with trip planning and distance estimation only.
I, the End User, hereby acknowledge, understand, and agree that:
Passage Nav is a passage planning tool only.
Passage Nav is not a navigation instrument and must not be used as one.
If I need an actual navigation tool, I will seek a true navigation website or application.
Distance calculations are straight-line (great circle) estimates only. They do not account for land masses, shoals, reefs, rocks, tidal streams, currents, wind, sea state, vessel performance, magnetic variation, or any other navigational hazard or variable.
Estimated time enroute (ETE) calculations are mathematical estimates based solely on user-input speed. They do not account for actual conditions.
You are solely responsible for all navigational decisions, passage planning, vessel operation, and the safety of all persons aboard your vessel.
Always use official nautical charts appropriate for your cruising area. Monitor weather, tides, and currents through appropriate official sources.
To the maximum extent permitted by applicable law, Passage Navigation LLC’s total liability to you for any claim arising from or related to your use of the Web Planner for navigational or passage planning purposes shall not exceed the amount you paid for the Web Planner. The Company expressly disclaims all liability for any navigational decisions made in reliance on information provided by the Web Planner.
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to access and use the Web Planner for your personal, non-commercial use in a web browser strictly in accordance with the Web Planner’s documentation.
Except as may be expressly permitted by applicable law or expressly authorized by the Web Planner, you shall not:
— copy the Web Planner;
— modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Web Planner;
— reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Web Planner or any part thereof;
— remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Web Planner, including any copy thereof;
— rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Web Planner, or any feature or functionality of the Web Planner, to any third party for any reason;
— use any robot, spider, or other automatic device, process, or means to access the Web Planner for any purpose;
— frame, mirror, or otherwise incorporate the Web Planner or any portion of the Web Planner as part of any other application, website, or service;
— use the Web Planner in any manner that could disable, overburden, damage, or impair the Web Planner or interfere with any other party’s use of the Web Planner; or
— remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Web Planner.
You acknowledge and agree that the Web Planner is provided under license, and not sold, to you. You do not acquire any ownership interest in the Web Planner under this Agreement, or any other rights thereto other than to use the Web Planner in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the Web Planner, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
The Passage Nav web planner does not collect, store, transmit, or share any personal data. No account is required. No analytics, tracking, or advertising software development kits (SDKs) are present in the Web Planner.
The Web Planner stores the following data locally in your web browser only — it is never shared by Company with any third party:
— Whether you have accepted this End User License Agreement (stored in browser local storage)
— Your last selected sailing region and speed preference (stored in browser local storage for convenience)
— Map tiles cached automatically by the Mapbox mapping service as you browse regions
None of this data is transmitted to any server. None of it is accessible to Passage Navigation LLC or any third party. For complete details, see our Privacy Policy.
The Web Planner uses Mapbox to render map tiles. When using the Web Planner with an active internet connection, your browser may request map tiles directly from Mapbox’s servers. These requests may include your IP address and the map area being viewed, which is standard behavior for any mapping application. Mapbox’s privacy policy governs that data and is available at mapbox.com/legal/privacy.
You agree that Company is not responsible for any misuse or mishandling of your data by Mapbox, and that you will look solely to Mapbox for any claim or dispute with respect to Mapbox’s use of your information or data.
The Web Planner may display or make available third-party content (“Third-Party Materials”), including map data and tiles provided by Mapbox. You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Company may from time to time in its sole discretion develop and provide Web Planner updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
You acknowledge and agree that all Updates will be deemed part of the Web Planner and be subject to all terms and conditions of this Agreement.
The term of this Agreement commences when you first access or use the Web Planner and will continue in effect until terminated by you or Company as set forth in this Section 7.
You may terminate this Agreement by ceasing all use of the Web Planner.
Company may terminate this Agreement at any time without notice if it ceases to support the Web Planner, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination: all rights granted to you under this Agreement will also terminate; and you must cease all use of the Web Planner.
Termination will not limit any of Company’s rights or remedies at law or in equity.
THE WEB PLANNER IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEB PLANNER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEB PLANNER WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB PLANNER OR THE CONTENT AND SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEB PLANNER.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Web Planner or your breach of this Agreement.
You may not use or otherwise export or re-export the Web Planner except as authorized by United States law and the laws of the jurisdiction in which the Web Planner was obtained. In particular, but without limitation, the Web Planner may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Web Planner, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Web Planner shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Dallas, Dallas County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEB PLANNER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY, THE PARTIES EACH KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY AND EXPRESSLY WAIVES FOREVER TRIAL BY JURY.
This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Web Planner and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Web Planner.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.