End-User License Agreement (“Agreement”)
Last updated: December 10, 2020
Please read this End-User License Agreement (“Agreement”) carefully before purchasing, downloading, or using any StrikeLines.com product.
By purchasing, downloading, or using a StrikeLines product, you agree to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and StrikeLines Tampa LLC or StrikeLines Pensacola LLC (collectively “StrikeLines”), Florida Limited Liability Corporations located at 34 Audusson Ave, Pensacola, FL 32507. The Agreement governs your use of StrikeLines products made available to you by StrikeLines.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not purchase, download, or use StrikeLines products.
StrikeLines products are licensed, not sold, to you by StrikeLines for use strictly in accordance with the terms of this Agreement.
StrikeLines grants you a revocable, non-exclusive, non-transferable, limited license to download, install, or use StrikeLines products solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
· license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit StrikeLines products or make StrikeLines products available to any third party.
· copy or use StrikeLines products for any purpose other than as permitted under the above section ‘License’.
· modify, alter the file format, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of StrikeLines products.
· remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of StrikeLines or its affiliates, partners, suppliers or the licensors of StrikeLines products.
· use StrikeLines’ products for navigation.
· use StrikeLines’ products for anything that may endanger life, health, or property.
– alter, change, copy, add to, or remove files on a StrikeLines chart card.
StrikeLines products, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of StrikeLines.
StrikeLines products may display, include or make available third-party content (including bathymetric data from public and private sources) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that StrikeLines is not responsible for any third-party content, including accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. You agree that StrikeLines does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Services or third-party content.
Third-Party Services and third-party content and links thereto 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.
Term and Termination
This Agreement shall remain in effect until terminated by you or StrikeLines.
StrikeLines may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from StrikeLines, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting StrikeLines products and all copies thereof from your mobile device or from your computer and returning any physical memory cards containing StrikeLines products.
Upon termination of this Agreement, you shall cease all use of StrikeLines products and delete all copies of StrikeLines products from your mobile device or from your computer. Any physical chart cards must be returned to the following address:
34 Audusson Avenue
Pensacola, FL 32507
Termination of this Agreement will not limit any of StrikeLines’ rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Amendments to this Agreement
StrikeLines 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.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use StrikeLines products, you will delete all StrikeLines’ electronic files you purchased and send back any memory cards.
You agree that StrikeLines’ selection, coordination, and arrangement of the information depicted in StrikeLines’ charts is sufficiently creative to qualify the maps as original compilations of facts. You agree StrikeLines made choices as to which data sources to include, in what order to place them, how to arrange the collected data, how to shade the data, and how to break the data into different areas so that they may be used effectively by users. You agree that StrikeLines’ creative choices and data manipulation are material to your purchase of StrikeLines’ product(s).
Limitation of Liability
You agree that StrikeLines’ liability and that of it’s owners, partners, officers, employees, and contractors, is limited to the purchase price of the StrikeLines product(s) you purchased including for negligence or negligent acts.
You acknowledge that StrikeLines has not made and will not make any express or implied warranties or representations regarding StrikeLines’ products. In particular, but without limitation, StrikeLines makes no representation and extends no warranty concerning the accuracy of StrikeLines’ products or the fitness of the products for any particular purposes. Under no circumstances will you use StrikeLines’ product for navigation or anything that may put life, health, or property at risk.
You will indemnify StrikeLines and each of the owners, officers, directors, employees, contractors, counsel, agents and attorneys-in-fact harmless from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, charges, expenses and disbursements (including Attorney Costs) of any kind or nature whatsoever which may at any time (including at any time following the termination of this Agreement) be imposed on, incurred by or asserted against any such Person in any way relating to or arising out of this Agreement, the use of your StrikeLines’ product(s), or the transactions contemplated hereby, or any action taken or omitted by any such Person under or in connection with any of the foregoing, including with respect to any investigation, litigation or proceeding related to or arising out of this Agreement; provided, however, that you will have no obligation hereunder to any such indemnified Person with respect to any of the foregoing indemnified liabilities found by a final, non-appealable judgment of a court of competent jurisdiction to have resulted solely from the gross negligence or willful misconduct of such indemnified Person. The agreements in this Section shall survive the termination of this Agreement.
The laws of Florida, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of StrikeLines products. Your use of StrikeLines products may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
You agree that any dispute arising out of, or concerning, this Agreement, a StrikeLines product, or the relationship between the parties, will be resolved exclusively in a federal or state court of competent jurisdiction located in Escambia County, Florida. You hereby submit to, and agree not to contest, the jurisdiction of such courts.
In the event that any suit or action is instituted under or in relation to this Agreement, including without limitation to enforce any provision in this Agreement, or a StrikeLines product the prevailing party in such dispute will be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys and accountants, which shall include, without limitation, all fees, costs and expenses of appeals.
If you have any questions about this Agreement please contact StrikeLines at firstname.lastname@example.org.
The Agreement constitutes the entire agreement between you and StrikeLines regarding your use of StrikeLines products and supersedes all prior and contemporaneous written or oral agreements between you and StrikeLines.
You may be subject to additional terms and conditions that apply when you use or purchase other StrikeLines’ services, which StrikeLines will provide to you at the time of such use or purchase.