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 VoyagerTM 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.
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:
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:
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.
Maintenance Services consist of the following:
To receive Maintenance Services for a Licensed Product, the following conditions must be met:
Makai may update its Maintenance Services terms with 60 days prior written notice, provided that these updates are applied generally to its Maintenance Service.
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.
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.
In order to receive Database Services, the following must be met:
Makai may update its Database Services terms on 60 days prior written notice, provided that these updates are applied generally to its Database Service.
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.
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:
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.
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.
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.
Makai warrants the Licensed Product for a period of ninety (90) days from the date of shipment from Makai. Specifically that:
Except for the foregoing, the Licensed Product is provided "AS IS". This limited warranty extends only to the original Licensee.
The warranty does not apply if the Licensed Product:
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.
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.
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.
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.
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.
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).
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.
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.
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
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 firstname.lastname@example.org. 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.
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:
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 email@example.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.
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
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.
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 firstname.lastname@example.org
To review and update your personal information to ensure it is accurate, contact us at email@example.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.
You can contact us about this privacy statement by writing or email us at the address below:Makai Ocean Engineering, Inc.