IMPORTANT: READ THIS AGREEMENT BEFORE DOWNLOADING THE DATA .

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NAVIONICS. BY DOWNLOADING, ACCESS OR USING DATA, YOU ARE CONSENTING TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE DATA.

DEFINITION OF “DATA”: As used in this Agreement "Data" means the information provided to you hereunder by download.

NAVIONICS: If you live in the Americas (including Caribbean countries and any territories or possessions of countries in the Americas), “Navionics” means Navionics Inc., a Delaware, USA, corporation. If you live anywhere else, “Navionics” means Navionics S.p.A., an Italian company.

USES PERMITTED: Data may be used on your smartphone as an electronic chart/map and aid to navigation (see Safety Warning below). This Agreement gives you certain limited rights to use and maintain the Data. You agree to use reasonable efforts to protect the Data from unauthorized use, reproduction, distribution or publication. Navionics reserve the rights to take marketing initiatives by itself or through co-marketing actions by sending messages appearing on your device only whilst you are using Navionics apps.

USES NOT PERMITTED: You may not (1) copy Data; (2) alter, decompile, disassemble or reverse-engineer, or attempt to unlock or bypass the initialization system or encryption techniques utilized with, Data; or (3) remove or obscure Navionics’s copyright and trademark notices.

USER-GENERATED CONTENT (UGC): As used herein, term “user-generated content” (“UGC”) means any data created by you or any other party of the Navionics Community with the aid of Navionics products and shared with Navionics or any party of the Navionics Community. UGC includes, but is not limited to, data as a result of POI’s addition and other cartographic object addition, error fixing or Discrepancy reports submitted by you. UGC may be used only to correct or improve Navionics’s charts and may not include any personal data. By submitting, posting or displaying UGC, you grant Navionics and its affiliates a perpetual, irrevocable, worldwide, royalty-free license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such UGC, including the exclusive right to use and make derivative works from UGC for commercial purposes, and you explicitly waive any right to compensation for such use. You may not sell, market or permit any other party to sell or market, UGC. By submitting UGC, you consent Navionics to collect the IMEI of your device and the GPS position allowing you to contribute to your UGC. However they are not for identification purpose.

DURATION & TERMINATION: This Agreement is effective from the day Data are downloaded to your computer or smartphone and shall continue until terminated. Navionics may, in its sole discretion, terminate this Agreement and any Services without cause at any time. In addition, your license to the software may, at Navionics’ discretion, expire when new versions of the software are released. Your license to use Data shall terminate automatically, without notice from Navionics, if you fail to comply with any provision of this Agreement. Upon such termination, you must delete and destroy any Data in your possession or control. Navionics explicitly reserves the right to enforce any other legal rights arising from termination.

DISCLAIMER: THE DATA AND RELATED MATERIALS ARE LICENSED "AS IS," AND NAVIONICS (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DEVELOPERS, CLIENTS,AGENTS,SUPPLIERS, OR THIRD-PARTY PARTNERS) DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK AS TO THE PERFORMANCE AND RESULTS OF DATA. NAVIONICS’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE LICENSE TO USE THE DATA. IN NO EVENT SHALL NAVIONICS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF NAVIONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GENERAL: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and such invalid or unenforceable provision shall be reformed so that it is valid and enforceable to the fullest extent permitted by law. This Agreement shall be governed by the following law, without reference to conflict-of-law principles, and any dispute arising out or relating to this Agreement shall be submitted to the exclusive jurisdiction of the following courts: (a) if your licensor is Navionics Inc., the laws of Massachusetts, USA and the state courts sitting in Plymouth County, or the federal courts sitting in Boston, Massachusetts, USA; or (b) Navionics S.p.A., the laws of Italy and the Court of Milan, Italy.

SAFETY WARNINGS: Navionics’s electronic charts (including Data) are designed to aid navigation by facilitating the use of authorized government charts, not to replace such charts. Only official government charts and notices to mariners contain all information needed for safe navigation. The user is responsible for the prudent use of Data. Any routes generated by electronic charts, auto-routing software or similar tools are basic suggestions for route planning only and must not be used for direct navigation.

END-USER TERMS REQUIRED BY APPLE: You acknowledge and agree that (i) this Agreement is concluded between you and Navionics, and not Apple, Inc. (“Apple”); (ii) Navionics, and not Apple, is solely responsible for the Data; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Data; (iv) in the event of any failure of the Data to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Data; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Data; (vi) Apple is not responsible for any claims that you have arising out of your use of the Data; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Data infringes that third party’s intellectual property rights; and (viii) Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

END-USER TERMS REQUIRED BY FLURRY SERVICES: Navionics is using in its mobile applications Flurry Services in order to collect statistical data about your usage of our applications, without infringing your privacy rights. Above data are used to improve the services offered to you. Flurry is not responsible for any use by Navionics of any data about you. If you do not want Flurry to track data from your device you can opt-out by clicking on this link: http://www.flurry.com/resources/privacy.html