Admiralty Digital Catalogue

End-user Licence Agreement

Attention: Please read the following text carefully, by

clicking the "Next" button you agree to this licence.
1 THE PARTIES
The UKHO The United Kingdom Hydrographic Office, for and on behalf of the
Secretary of State for Defence of the United Kingdom of Great Britain
and Northern Ireland, of Admiralty Way, Taunton, Somerset, TA1 2DN,
United Kingdom.
The LICENSEE The person downloading the Catalogue.

2 DEFINITIONS
AUTHORISED USERS means those persons authorised by the LICENSEE to use the
Catalogue.
CATALOGUE means the Admiralty Digital Catalogue software that will be downloaded if
the Licensee accepts the terms of this Agreement.

2 GRANT
2.1 In its own right and on behalf of ChartWorld GmbH, its successors or assigns the UKHO
grants the LICENSEE the right to use one copy of the CATALOGUE on any single
computer, provided that the CATALOGUE is in use on only one computer at any time.
The CATALOGUE is in use on a computer when it is loaded into the temporary memory
(for example the Random Access Memory, or RAM) or installed onto a permanent
storage device (for example the hard disk or a CD ROM drive) of that computer.
2.2 The LICENSEE agrees to ensure that the AUTHORISED USERS are made fully aware
of, understand and agree to abide by the terms and conditions of this Agreement before
they are allowed access to the CATALOGUE. The LICENSEE accepts full responsibility
for the actions of its AUTHORISED USERS.
2.3 On behalf of ChartWorld GmbH, its successors or assigns the UKHO grants the
LICENSEE the right to make one (1) copy of the CATALOGUE solely for backup or
archive purposes. This copy shall remain subject to all terms and conditions of this
Agreement.

3 INTELLECTUAL PROPERTY RIGHTS

3.1 Intellectual property rights (including copyright, database rights, trade marks, service
marks and goodwill) in the CATALOGUE shall remain at all times the property of the
British Crown, the UKHO, ChartWorld GmbH or their licensors. The LICENSEE shall
acquire no rights in any such material except as expressly provided in this Agreement.
3.2 The LICENSEE shall give prompt notice to the UKHO if the LICENSEE becomes aware
of any unauthorised use or exploitation of the whole or any part of the CATALOGUE by
any third party.
4 RESTRICTIONS
4.1 The CATALOGUE is not to be used by the LICENSEE for navigational or other safety-
related purposes.
4.2 The LICENSEE shall not alter, merge, modify or adapt the CATALOGUE in any way,
including by way of disassembling or decompiling it, and the LICENSEE shall not loan,
rent or purport to lease or sub-license the CATALOGUE or any copy of it to any person.

5 TERM AND TERMINATION

5.1 This Agreement shall come in to force from the date the LICENSEE downloads the
CATALOGUE and shall continue in force until terminated in accordance with clause 5.2
below.
5.2 This Agreement shall terminate forthwith if the LICENSEE or the AUTHORISED USERS
violate any of its provisions.
5.3 Upon termination of the Agreement, or if the UKHO supplies the LICENSEE with any
replacement version of the CATALOGUE, the LICENSEE shall destroy all copies,
including partial copies, of the CATALOGUE the subject matter of this Agreement.

6 LICENCE DISCLAIMER
6.1 Neither the UKHO nor ChartWorld GmbH shall be liable for loss or damage due to the
use, misuse or non-use of the CATALOGUE by the LICENSEE or its AUTHORISED
USERS (except in case of death or personal injury solely and directly attributable to any
negligent compilation or transcription by the UKHO of the CATALOGUE, unless this can
be excluded under local law), in contract, tort, under statute or otherwise and whether or
not arising out of any negligence on the part of the UKHO in respect of any inadequacy of
any kind whatsoever in the CATALOGUE.

7 GENERAL
7.1 Assignment and Sub-Licensing: The LICENSEE shall not be entitled to assign or sub-
license to any third party any of its rights or obligations under this Agreement without the
UKHOs prior written consent. The UKHO shall be entitled to assign or contract-out its
rights and obligations under this Agreement to any person, but the UKHO shall give
notice of such assignment in writing to the LICENSEE.
7.2 Severability: If any part, term or provision of this Agreement not being of a fundamental
nature be held illegal or unenforceable the validity or enforceability of the remainder of
this Agreement shall not be affected.
7.3 Rights of third parties: Notwithstanding anything to the contrary elsewhere in this
Agreement, no right is granted to any person other than ChartWorld GmbH who is not a
party to this Agreement in their own right and the parties to this Agreement declare that
they have no intention to grant any such right.
7.4 Entire Agreement: This Agreement supersedes and cancels all previous agreements and
working arrangements whether oral or written, express or implied between the parties in
respect of or in connection with the matters referred to in this Agreement.
7.5 No Waiver: No waiver of any term or condition of this Agreement shall be effective unless
made in writing and signed by the party against which enforcement of the waiver is
sought. The waiver of any breach of any term or any condition of this Agreement shall not
be construed as a waiver of any subsequent breach of a term or condition of the same or
different nature.
7.7 Amendment: This Agreement may be amended by the UKHO giving not less than three
months notice or at any time in writing signed by both parties.
7.8 Governing Law: To the extent that this Agreement relates to the intellectual property rights
of the British Crown or the UKHO it shall be governed by and construed and interpreted
in accordance with English Law and the parties submit to the exclusive jurisdiction of the
English Courts. To the extent that this Agreement relates to the intellectual property rights
of ChartWorld GmbH it shall be governed by and construed and interpreted in
accordance with German law and the parties submit to the exclusive jurisdication of the
courts of Hamburg.