Wiley Nautical - Sailing Books & Information

Wiley Nautical desktop and mobile phone weather forecasting services Licence Agreement

Both the Wiley Nautical desktop and mobile phone weather forecasting services are powered by Zoboa software (‘Software’). To use the weather forecasting services (‘Services’) and either of the desktop and mobile phone applications to access them, you must accept the terms and conditions of Zoboa’s Licence Agreement (‘Agreement’) as set out below. This Agreement is between Zoboa Ltd of The Book Barn, Westbourne, Hampshire, PO10 8RS, UK and you. In this Agreement ‘we’ means Zoboa Limited and the terms ‘us’ and ‘our’ will be construed accordingly. ‘You’ means the customer and user of the Software and Services and the term ‘your’ will be construed accordingly. By using the Software and Services you accept the terms of the Agreement and agree to be bound by it.

1. You must accept all these terms and conditions before you are entitled to download the Software by clicking on the ‘Accept’ button which will appear during installation. By clicking on the ‘Accept’ button and/or by downloading the Software, you agree to and consent to be bound by all the terms of this Agreement. If you do not agree to all of the terms of this Agreement, click the ‘Decline’ button and do not download or use the Software.

2. By clicking the ‘Accept’ button you accept and we grant you a non-exclusive, non-transferable limited Licence to use the Software and Services, including (if applicable) electronic documentation and associated material strictly in accordance with the terms and conditions of this Agreement. You may not copy or transfer the Software and Services from one computer to another nor use the Software and Services over a network save as otherwise expressly provided in the Agreement.

3. You may only use the Software and Services by copying, transmitting or loading it into a single hard disk, CD-ROM or other storage device such that your computer may process the Software and Services. You may make one copy of the Software and Services for back-up purposes, maintaining always the same copyright information as the original.

4. You are not permitted to copy the Software and Services other than for normal use in accordance with this Agreement. You will not disassemble, decompile or reverse engineer the Software and Services, nor translate, adapt, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works from the Software and Services. You must ensure that our copyright notice is duplicated as it appears in or on the Software and Services on all authorised copies. You will not display the Software and Services on a public bulletin board, FTP site, website, chat room or distribute it by any other unauthorised means. You will destroy the Software and Services and all upgrades or copies in your possession promptly upon termination of this Agreement or discontinuance of the licence granted, for whatever reason.

5. You acknowledge and agree that the Software and Services are provided by us on an ‘as is’ and ‘as available’ basis without any kind of warranty made (whether express or implied) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Any material downloaded or otherwise obtained through the use of the Software and Services is used at your own discretion and risk. You acknowledge and agree that the Software and Services may from time to time be adversely affected by events outside our control and is subject to the limitations of the enabling technology on which it is reliant and may be adversely affected by internet or network performance and other operational factors including without limitation, congestion, network coverage, dropped connections, the performance of your computer or mobile device and the maintenance of secure network connections. We shall not be liable for any error, delay or failure in connection with transmission of the Software and Services. We may change the material within the Software and Services at any time and should the need arise we may suspend access to the Software and Services.

6. We do not warrant that the Software and Services will be error-free or that any errors will be corrected and you will be solely responsible for all costs and expenses associated with rectification, repair or damage caused by any such errors. Any new releases or upgrades made available by us which may correct such errors will be made available only on similar applicable terms and conditions.

7. Except for death or personal injury arising from our negligence, we exclude and disclaim all liability for any loss or damage whatsoever or howsoever caused, arising directly or indirectly in connection with this Agreement, Services and Software, their use or otherwise. We expressly exclude liability for indirect, special, incidental or consequential loss or damage howsoever caused even if advised of the possibility of such damages. Notwithstanding the foregoing, in the event we accept any liability whatsoever, or are otherwise liable, such liability shall be limited to the licence fee paid by you for the Services and Software.

8. We will at all times remain the sole owner of all database rights and intellectual property rights and like proprietary rights subsisting in or used in connection with the Software and Services. You may have statutory rights which are not affected by this Agreement. All limitations or exclusions shall apply to the fullest extent permitted by applicable law. In the event that any provision is void or unenforceable, such part shall be severed from this Agreement and remainder shall be valid and continue in full force and effect.

9. If you transfer possession of the Software and Services (which is only licensed to you) to another party without our written consent or except as provided in this Agreement, this Agreement is automatically terminated.

10. This Agreement is effective until terminated. We may terminate this Agreement at any time if you are in breach of any of the terms and conditions of this Agreement. You may terminate this Agreement at any time by destroying the Software and Services and all copies. If we notify you of such termination, you will comply with the provisions of this Agreement.

11. We reserve the right to change this Agreement at any time in our sole discretion and without prior notice. By continuing to use the Software and Services you are deemed to have accepted the varied Agreement. Please check this page regularly to check for any changes or variations.

12. The Wiley Nautical Desktop Software and Services are currently made available to you free of charge subject to any internet service provider charges that you may incur. The Wiley Nautical Mobile Software is currently made available to you free of charge subject to any network service provider charges that you may incur, however Wiley Nautical Mobile Services are charged for and the current applicable charges for its use and which you are liable can be viewed at www.wileynautical.com/weather.html

13 Any personal data you supply to us will be used and retained by us only for the purposes reasonably associated with the provision of the Software and Services to you. Personal data may be disclosed by us to your network service provider or where disclosure is required by an applicable regulatory or government body or where any of your actions have breached this Agreement or where we are required by law to disclose this information. Personal data may be used by us in an aggregated form to monitor and evaluate the Software and Services. By using the Software and Services you consent to such processing.

14. This Agreement shall be construed in accordance with and governed by English law and subject to the exclusive jurisdiction of the English courts.