Please read this software license agreement carefully before downloading or using the software.

By clicking "I Agree", you, the licensee, are agreeing to be bound by the terms and conditions of this Makai Voyager^TM agreement ("agreement") in a legally binding manner with Makai Ocean Engineering, Inc., 41-305 Kalanianaole Hwy, Waimanalo, HI 96795, USA ("Makai"). If you are acting on behalf of a company or organization, you represent that you Are authorized to legally bind such organization and you personally agree to accept the terms and conditions of this agreement

If you do not agree to all the terms and conditions of this agreement, then do not click "I Agree", download, install or use Makai Voyager.

1 Definitions

1. Licensed Product(s) shall mean the Makai Voyager software product that the licensee has acquired.
2. Maintenance Services shall mean the software maintenance and support services described in Section 3.
3. Database Services means making available to Licensees certain GIS or scientific databases for use with the software.
4. Documentation means making available digital media to educate the licensee how to use the software, such as manuals or video tutorials.

2 Licenses

2.1 Purchased License(s)

Makai grants the licensee of a purchased license a non-exclusive, non-transferable, non-assignable license (without the right to sublicense) with the right to:

1. Install the Licensed Product on one or more computers;
2. Install the license key for the Licensed Product on the computer specified in the license key request;
3. Make a backup copy of the Licensed Product;
4. Make copies of the Documentation for the Licensed Product and use the Documentation solely to support the Licensed Product – the Documentation may not be distributed to non-licensed individuals or organizations.

2.2 Evaluation License(s)

Makai grants the licensee of an evaluation license a non-exclusive, revocable (at any time and for any reason, at Makai's sole discretion), royalty-free, non-transferable, personal, non-assignable license (without the right to sublicense) with the right to:

1. Install the Licensed Product on one or more computers;
2. Make copies of the Documentation for the Licensed Product and use the Documentation solely to support the Licensed Product – the Documentation may not be distributed to non-licensed individuals or organizations.
3. Use the Licensed Product for the sole purpose of evaluating the software. You shall not use the Evaluation License in a production setting or any other commercial use including, but not limited to, for the benefit of your customers. If you break the Evaluation License agreement you agree to pay Makai the retail cost for a full license, plus annual maintenance. Evaluation copies of Licensed Products are provided "AS IS" with no warranty and indemnification provisions.

2.3 Open Source Software

The Licensed Product may contain software that is subject to open source licensing terms. The Licensee agrees that all Open Source Software shall remain subject to the terms and conditions under which it was provided. The Open Source Software is provided "AS-IS", without any warranty of any kind. Makai disclaims all other warranties, express or implied, with respect to the open source software, including but not limited to the implied warranties of noninfrigement, merchantability and fitness for a particular purpose. Neither Makai, nor the Licensors of the Open Source Software, shall have any liability for any direct, indirect, incidental, special, exemplary, or consequential damages (including lost profits) arising in any way out of the use or distribution of the Licensed Software. Copyrights to the Open Source Software and held by the copyright holders indicated in the copyright notices in the corresponding source files.

3 Maintenance Services

3.1 Maintenance Services

Maintenance Services consist of the following:

1. Support: Makai will provide Licensee with digital support media, which may include PDF manuals, tutorials and/or movies, to support the operation of Makai Voyager.
2. Software Updates: Makai will use commercially reasonable efforts to provide bug fixes to Licensed Products. Upgrades or enhancements may be subject to additional charges.
3. Changing the software code to provide new functionality, such as data import or analysis capabilities, by the Licensed Product version that was sold to the Licensee is not considered maintenance and may be subject to additional charges.

3.2 Conditions

To receive Maintenance Services for a Licensed Product, the following conditions must be met:

1. Licensee must have purchased a Maintenance Agreement or must have purchased the Licensed Product within 90 days of purchase.
2. A qualified person trained in operating the software must be made available to speak with Makai Service Technicians.
3. Licensee must follow the directions provided by Makai Service Technicians to remedy the problem.
4. Licensee must follow standard operating procedures found in the Documentation.
5. Problems must be communicated to Makai using the problem reporting procedure found in the Documentation.

3.3 Update to Terms

Makai may update its Maintenance Services terms with 60 days prior written notice, provided that these updates are applied generally to its Maintenance Service.

3.4 Exclusions

Makai will have no obligation to provide Maintenance Services to any Licensed Product that has been installed on an unsupported operating system, modified, incorporated into other software, damaged, or problems resulting from the Licensees negligence, abuse, and misuse or by any causes beyond Makai's reasonable control. Makai has no obligation to provide support for versions that are not the latest and immediately preceding version of the Licensed Product.

No Maintenance Services are provided for Licensed Product that has been installed on an operating system or hardware configuration that is not listed in the supported systems in the Documentation.

4 Database Services

4.1 Database Services

Makai, at its sole discretion, may or may not provide GIS databases for visualization within the Licensed Product. Additional database licenses may be required in addition to a separate online Database Agreement.

1. Access to GIS data may take the form of hard media (DVD, hard drive based media) or access to Internet-based servers.
2. When providing Licensees access to Internet-based servers, Makai will make every commercially reasonable effort to maintain the server(s) and make available sufficient bandwidth so as to provide a data streaming rate which will allow for a reasonable interactive rate of the Licensed Software. Makai makes no guarantee, however, of any specific streaming rate and does not provide a warranty of any kind with respect to its database services.

4.2 Conditions

In order to receive Database Services, the following must be met:

1. Licensee must be running a valid Licensed Product.
2. Licensee must purchase, maintain, and administer an Internet connection to access Makai's Internet-based servers.

4.3 Update to Terms

Makai may update its Database Services terms on 60 days prior written notice, provided that these updates are applied generally to its Database Service.

4.4 Exclusions

Makai will have no obligation to provide Database Services to any Licensed Product that has been installed on an unsupported operating system, modified, incorporated into other software, damaged, or problems resulting from the Licensees negligence, abuse, and misuse or by any causes beyond Makai's reasonable control. Makai has no obligation to provide Database Services for versions that are not the latest and immediately preceding version of the Licensed Product. Database Services are not be used for any other purpose other than visualization in the Licensed Product, WITHOUT WRITTEN APPROVAL FROM MAKAI.

5 Documentation

In support of the Licensed Product, Makai will provide the Licensee with Documentation explaining how to use the software. Documentation may consist of the following:

1. online or stand-alone HTML/PHP documents;
2. online or stand-alone PDF documents;
3. online or stand-alone videos; and/or,
4. tool-tips incorporated into the software.

5.1 Exclusions

Makai will have no obligation to provide additional Documentation for tasks that are outside the scope of the normal working parameters of the Licensed Product, as defined by the existing Licensed Product. Documentation is provided on an "AS IS" with no warranty and indemnification provisions.

6 Term and Termination

Ether party may terminate this Agreement by giving written notice. Upon termination, the Licensee must destroy all copies of the Licensed Product and Documentation. The License(s) will terminate immediately without notice from Makai if the Licensee fails to comply with any provision of this Agreement.

7 Indemnity

You, the Licensee, agrees to indemnify and hold Makai and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the use of the Licensed Product, your use of and connection to the Database Services, and your violation of this Agreement.

8 Limited Warranty

Makai warrants the Licensed Product for a period of ninety (90) days from the date of shipment from Makai. Specifically that:

1. if media was included in delivery, then the media on which the Licensed Product is furnished will be free of defects in materials and workmanship under normal use; and,
2. the Licensed Product substantially conforms to its published specifications.

Except for the foregoing, the Licensed Product is provided "AS IS". This limited warranty extends only to the original Licensee.

8.1 Exclusions

The warranty does not apply if the Licensed Product:

1. has been altered, except by Makai; or,
2. has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Makai

8.2 Disclaimer

Except as specified in this warranty, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, noninfringement, or arising from a course of dealing, usage, or trade practice, are hereby excluded to the extent allowable by applicable law.

In no event will Makai, be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use the Licensed Product.

Makai and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Licensed Product will meet your requirements; (ii) the Licensed Product and Database Service(s) will be uninterrupted, timely, secure or error-free; (iii) the results obtained that may be obtained from the use of the Licensed Product will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by the Licensee through Makai will meet your expectations; and (v) any errors in the Licensed Product will be corrected.

9 Export Control

The Licensed Product, including Documentation, is subject to U.S. export control laws, including, but not limited to the U.S. Export Administration Act, and its associated regulations, and may be subject to export or import regulations in other countries. The Licensee agrees to comply with all such regulations and acknowledged that it has the responsibility to obtain licenses to export, re-export, or import the Licensed Product.

10 Other Terms

10.1 Distribution

Redistribution Not Permitted. Makai's Software should not be placed on FTP sites, shareware sites, CDROMs, or redistributed in any way unless written permission is obtained from Makai.

10.2 Ownership of IP Rights

Makai and its licensors own all Intellectual Property Rights in the Licensed Product(s), Documentation, and methods of GIS data sharing and retrieval. The Licensee's rights are those expressly granted in this agreement; all other rights are reserved by Makai. Licensees will own all Intellectual Property Rights of their own data, exported files and media created by the Licensed Product and scripts written to use with their data. Makai may freely use and disseminate any Feedback that the Licensee provides. The Licensee agrees not to claim that Makai owes compensation for its use or dissemination of such Feedback.

10.3 Trademark Information

You agree that all of Makai's trademarks, trade names, service marks and other Makai logos and brand features, and product and service names are trademarks and the property of Makai (the "Makai Marks"). Without Makai's prior permission, you agree not to display or use in any manner Makai Marks.

10.4 Limitation of Liability

You, the Licensee, expressly understand and agree that Makai and its SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Makai has been advised of the possibility of such damages).

10.5 Force Majeure

Each party will be excused from performance of its obligations under this Agreement, except payment obligations, to the extent that performance is rendered impossible by earthquake, fire, flood, governmental action, labor disputes, supplier failures, or any other event or circumstance beyond that party's control.

10.6 Governing Law

This License shall be governed by and construed in accordance with the laws of the State of Hawaii, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software.

10.7 Restricted Rights

The Licensed Product is provided to non-DOD agencies with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the government's rights in software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. Manufacturer is Makai Ocean Engineering, Inc., P.O. Box 1206, Kailua, HI 96734.

Effective on June 17, 2011

voyager.makai.com is committed to protecting your privacy. This privacy policy describes how voyager.makai.com collects and uses the personal information you provide on our website: voyager.makai.com. It also describes the choices available to you regarding voyager.makai.com's use of your personal information and the steps you can take to access this information and to request that we correct or update it.

TRUSTe Privacy Seal

Makai Ocean Engineering, Inc. is a Participant in the TRUSTe Privacy Seal Program. TRUSTe is an independent organization whose mission is to advance privacy and trust in the networked world. This Web site has agreed to have its privacy practices monitored for compliance by TRUSTe.

If you have questions or concerns regarding this policy, you should first contact us at voyager@makai.com. If you do not receive acknowledgment of your inquiry, or if your inquiry has not been satisfactorily addressed, you should then contact TRUSTe. TRUSTe will then serve as a liaison with the Web site to resolve your concerns.

The TRUSTe program covers only information that is collected through this Web site, and does not cover information that may be collected through software downloaded from the site.

Collection and Use of Personal Information

We collect the following personal information from you:

• Contact Information such as name, email address, mailing address, phone number
• Unique Identifiers such as user name, account number, password
• Preferences Information such as product wish lists, order history, marketing preferences

We also collect the following information from you:

• Information about your business such as company name, company size, business type

As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We use this information to:

• Assess the needs of your business to determine suitable products
• Send you requested product or service information
• Send product updates or warranty information
• Respond to customer service requests
• Administer your account
• Send you a newsletter
• Send you marketing communications
• Respond to your questions and concerns
• Improve our Web site and marketing efforts
• Conduct research and analysis
• Display content based upon your interests

Choice/Opt-Out

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at voyager@makai.com.

Information Obtained from Third Parties

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Information Sharing

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties.

We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only to perform the service they are providing for us.

We may also disclose your personal information

• as required by law such as to comply with a subpoena, or similar legal process,
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
• if Makai Ocean Engineering, Inc. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
• to any other third party with your prior consent to do so.

Tracking Technologies

We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Web site. For example, we will know how many users access a specific areas or features within our site and which links or ads they clicked on. We use this aggregated information to understand and optimize how our site is used, improve our marketing efforts, and provide content and features that are of interest to you.

Links to Other Web Sites

Our Site includes links to other Web sites whose privacy practices may differ from those of Makai Ocean Engineering, Inc. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

Security

The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can contact us at voyager@makai.com

Additional Policy Information

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, contact us at voyager@makai.com.

Notification of Privacy Statement Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Our Web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

Contact Information

You can contact us about this privacy statement by writing or email us at the address below:

Makai Ocean Engineering, Inc.
P.O. Box 1206
Kailua, HI 96734
United States
Email: voyager@makai.com