Terms and Conditions
PRODUCT-SPECIFIC TERMS: ABS MY DIGITAL FLEET™ PLATFORM
NOTICE: CLIENT’S USE OF ABS MY DIGITAL FLEET™ AND/OR THE THIRD PARTY PRODUCTS (defined in the attached Exhibit 1) MADE AVAILABLE THROUGH ABS MY DIGITAL FLEET™ TO SUBMIT DATA DOES NOT GUARANTEE THAT ANY PARTICULAR OUTCOME WILL BE ACHIEVED. SIMILARLY, THE USE OF ABS MY DIGITAL FLEET™, THE THIRD-PARTY PRODUCTS, AND/OR THE PROCESSED DATA WILL NOT, UNDER ANY CIRCUMSTANCE, REPLACE NOR SUPERSEDE THE JUDGEMENT OF A PROFESSIONAL MARINE SURVEYOR, NOR DOES IT WAIVE SURVEYOR ATTENDANCE FOR THE PERIODIC SURVEYS, AS REQUIRED BY THE APPLICABLE CLASSIFICATION SOCIETY’S RULES AND/OR STANDARDS FOR THE ISSUANCE AND MAINTENANCE OF CLASSIFICATION.
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DISCLAIMERS
- CLIENT UNDERSTANDS AND AGREES THAT IF IT ACTIVATES THE SETTINGS FOR ALERT NOTIFICATIONS, THE ALERTS PROVIDED BY ABS MY DIGITAL FLEET™ AND/OR ANY THIRD-PARTY PRODUCTS ARE AUTO-GENERATED AND FOR INFORMATIONAL PURPOSES ONLY, BASED ON INFORMATION PROVIDED BY CLIENT, AND THAT THESE ALERTS ARE NOT INTENDED TO REPLACE A SURVEYOR’S OR ENGINEER’S PROFESSIONAL SKILL AND JUDGMENT.
- NON-ABS CLASSED VESSELS: ALERTS ARE AUTO-GENERATED AND TO THE EXTENT ABS MY DIGITAL FLEET OR A THIRD-PARTY PRODUCT GENERATES AN AUTOMATED ALERT TO NOTIFY CLIENT OF A POTENTIAL ISSUE PERTAINING TO CLIENT’S VESSEL, IT IS THE CLIENT’S RESPONSIBILITY TO REVIEW AND/OR ADDRESS SUCH ALERTS AS APPROPRIATE WITH THEIR RESPECTIVE CLASSIFICATION SOCIETY.IN CONSIDERATION THAT ABS IS NOT THE CLASSIFICATION SOCIETY OF ANY VESSELS COVERED UNDER THIS AGREEMENT AND IS NOT ACTIVELY MONITORING THE AUTO-GENERATED ALERTS, ABS WILL NOT TAKE ANY ACTION WHATSOEVER AND DISCLAIMS ANY AND ALL RESPONSIBILITY WITH RESPECT TO SUCH ALERTS, WHICH ARE AND WILL REMAIN THE SOLE PROPERTY AND PROPRIETARY INFORMATION OF THE CLIENT.
- ABS-CLASSED VESSELS: ALERTS ARE AUTO-GENERATED AND BASED UPON, AMONG OTHER FACTORS, THE VESSEL’S LATEST AVAILABLE CLASS RECORDS. TO THE EXTENT MY DIGITAL FLEET OR A LICENSED APPLICATION GENERATES AN AUTOMATED ALERT TO THE CLIENT THAT MAY AFFECT A PARTICULAR VESSEL’S CLASSIFICATION, IT IS INCUMBENT UPON THE CLIENT TO PROMPTLY CONTACT ABS IN ACCORDANCE WITH THE ABS RULES TO REVIEW THE ALERT.
- WITHOUT LIMITING THE FOREGOING, NEITHER ABSDS NOR ANYONE ASSOCIATED WITH ABSDS REPRESENTS OR WARRANTS THAT MY ABS DIGITAL FLEET™, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH ABS MY DIGITAL FLEET, INCLUDING BUT NOT LIMITED TO THE THIRD-PARTY PRODUCTS AND PROCESSED DATA, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT MY ABS DIGITAL FLEET OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ABS MY DIGITAL FLEET OR ANY SERVICES OR ITEMS OBTAINED THROUGH ABS MY DIGITAL FLEET OR THE LICENSED APPLICATION(S) WILL OTHERWISE MEET THE CLIENT’S NEEDS OR EXPECTATIONS.
- IN NO WAY SHOULD ANY USE OF ABS MY DIGITAL FLEET, THE THIRD-PARTY PRODUCTS, ALERTS OR PROCESSED DATA BE DEEMED TO BE A REPRESENTATION, STATEMENT OR WARRANTY OF SEAWORTHINESS, STRUCTURAL INTEGRITY, QUALITY OR FITNESS FOR A PARTICULAR USE OR SERVICE, OF ANY VESSEL, ITEM OF MATERIAL, EQUIPMENT OR MACHINERY. THE USE OF ABS MY DIGITAL FLEET OR PROCESSED DATA FROM ABS MY DIGITAL FLEET OR THE THIRD-PARTY PRODUCTS MADE AVAILABLE THROUGH ABS MY DIGITAL FLEET DOES NOT RELIEVE THE OWNER OR OPERATOR OF THE VESSEL OF ITS NON-DELEGABLE DUTY TO MAINTAIN THE VESSEL IN A SEAWORTHY CONDITION.
EXHIBIT 1: THIRD PARTY DATA FEED PROVIDERS TERMS AND CONDITIONS
Certain third-party products that are provided with ABS My Digital Fleet are provided under a separate license directly from the third-party licensor (“Third Party Products”). Client agrees and acknowledges that, to the extent that any such Third Party Products are provided with ABS My Digital Fleet : (i) such Third Party Products are provided on an “as-is”, pass-through basis, and as such are provided to Client without warranty, indemnification, support or other representation by ABSDS; (ii) ABSDS bears no liability with respect to such Third Party Products and support services for such Third Party Products will be provided at ABSDS’s discretion; and (iii) Client may be required to upgrade to new versions of such Third Party Products as they become available and supported by their respective licensors.
All capitalized terms not otherwise defined herein shall have the meanings ascribed to them by the MEA.
The following Third Party Products are provided by ABSDS with ABS My Digital Fleet™ as integrated data streams or as optional features:
- NOAA DATA
The Parties expressly acknowledge that the NOAA Data is material within the public domain and although not subject to copyright protection, the NOAA Data is subject to the terms of use of the National Weather Service website, which are available at https://www.weather.gov/disclaimer and subject to change without notice. It is Client’s responsibility to regularly monitor the NOAA terms of use for any updates, changes, or additional use restrictions. “NOAA Data” means the historical metocean hindcast data (including wind and wave) sourced from the NOAA WAVEWATCH III model.
- CONTROL RISKS
Client’s use of the CORE Special Contents (as defined below) within My Digital Fleet is subject to and governed by the terms and conditions in the CORE Subscription Agreement located at www.controlrisks.com/core-sa and the Content Standards and Privacy Policy located at https://www.controlrisks.com/core-cspp, together with the below provisions:
ABSDS hereby grants to Client a worldwide, non-exclusive, non-transferable, non-assignable, non-sublicensable right to access and use the CORE Special Contents solely in conjunction with My Digital Fleet for Client’s own internal business purposes. “Special Contents” means the Control Risks CORE Content pertaining to the +Cyber risk rating, +Maritime risk rating and +Maritime incidents only. “Content”, as used in this provision, shall have the meaning ascribed to it by the CORE Subscription Agreement.
Client shall not use the Content nor permit any third party to use or benefit, directly or indirectly, from the Content, except as expressly permitted by the CORE Subscription Agreement. Specifically, Client will not or attempt to (and will not allow others to): (a) reverse engineer, decompile, disassemble or translate the Content, or otherwise attempt to derive source code, trade secrets or know-how in or underlying any Content or any portion thereof; (b) conduct penetration testing on the Platform, or interfere with, modify, disrupt or disable features or functionality of the Platform, including without limitation any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Content; (c) copy, sell, rent, lease, sublicense, distribute, redistribute, broadcast, publish, syndicate, create derivative works of, assign or otherwise, disclose, transfer or provide access to, in whole or in part, the Content to any third party; (d) provide use of the Content on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links” to the Content or “frame” or “mirror” the Content on any other server, or wireless or Internet-based device; (e) use the Content for any illegal, unauthorized or otherwise improper purposes, including without limitation to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights; (f) utilize the Content to derive or obtain non-public information of individual users, including without limitation a user’s location; (g) interfere with or disrupt the integrity or performance of the Content contained therein, including by disrupting the ability of any other person to use or enjoy the Content, or attempt to gain unauthorized access to the Platform, Content or related systems or networks; or (h) access the Platform in order to build a similar or competitive product or service.
THE PLATFORM AND CONTENT ARE PROVIDED SOLELY “AS IS”, “AS AVAILABLE” WITH ALL FAULTS, AND CLIENT’S USE OF THE CONTENT IS AT ITS SOLE RISK. CONTROL RISKS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IN CONNECTION WITH THIS AGREEMENT. CONTROL RISKS DOES NOT WARRANT THAT THE SERVICES, PLATFORM, CONTENT OR ANY OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE, EXCEPT AS EXPRESSLY PROVIDED FOR IN THE CORE SUBSCRIPTION AGREEMENT.
- EMH SYSTEMS
EMH Systems and its licensors shall retain all right, title, and interest in and to all intellectual property rights in the EMH Systems Services provided. “EMHS Systems Services” means the EMHS Maritime Environmental Hub software module, databases, and their associated user documentation and release notes made available to Client from time to time as software as a service.
ABSDS hereby grants to Client a non-exclusive, non-transferable, worldwide, right and sublicense, to access and use the EMH Systems Services solely in conjunction with ABS My Digital Fleet for Client’s own internal business purposes, subject to the terms of this Agreement.
- PLOTLY
Plotly for Python is used and licensed under the terms of the MIT license:
The MIT License (MIT)
Copyright © 2016-2018 Plotly, Inc.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
PRODUCT-SPECIFIC TERMS: ABS NAUTICAL SYSTEMS® AND E-LOGS (ELECTRONIC LOGBOOKS) SOFTWARE
NOTICE: CLIENT’S USE OF THE ABS NAUTICAL SYSTEMS® SOFTWARE (“ABS NS” OR “SOFTWARE”) TO SUBMIT DATA DOES NOT GUARANTEE THAT ANY PARTICULAR OUTCOME WILL BE ACHIEVED. SIMILARLY, THE USE OF ABS NS THIRD-PARTY PRODUCT OFFERINGS MADE AVAILABLE THROUGH THE SERVICES, AND/OR THE PROCESSED DATA WILL NOT, UNDER ANY CIRCUMSTANCE, REPLACE NOR SUPERSEDE THE JUDGEMENT OF A PROFESSIONAL MARINE SURVEYOR, NOR DOES IT WAIVE SURVEYOR ATTENDANCE FOR THE PERIODIC SURVEYS, AS REQUIRED BY THE APPLICABLE CLASSIFICATION SOCIETY’S RULES AND/OR STANDARDS FOR THE ISSUANCE AND MAINTENANCE OF CLASSIFICATION.
A. If SQL is included as part of Client’s MEA:
SQL: Each licensed copy of the Software includes one (1) copy of the object code version of the Oracle MySQL database management system (“SQL”), which is subject to the limitations imposed by Oracle and its licensors as set forth herein. For each SQL sublicense granted to Licensee, the following provisions apply:
Sub-License Grant. ABSDS hereby grants to Licensee a limited, non-exclusive and non-transferable sublicense to run one (1) copy of the object code version of SQL on one (1) machine or instrument solely as integrated with, and for the running and extraction of data from, the Software for Licensee’s production and testing environments. Licensee’s use of SQL shall be limited to its own internal business purposes and in accordance with the terms set forth in this Agreement. Licensee agrees that it will only use SQL in conjunction with the Software and not as standalone software.
Sub-License Restrictions. Licensee may make copies of SQL only for backup and archival purposes, to replace a defective copy or for program verification. Licensee shall not: (a) copy SQL onto any public or distributed network; (b) use SQL separately to operate in or as a time-sharing, rental, subscription service, hosting, outsourcing, service bureau, application service provider or managed service provider environment; (c) use SQL as a general SQL server, as a stand-alone application or with applications other than ABSDS applications under this Agreement; (d) change any proprietary rights notices which appear in SQL; (e) publish any results of any benchmark tests run on SQL; or (f) modify SQL.
Ownership. Oracle, its related companies and/or Affiliates and its third-party suppliers retain all right, title and interest in SQL and all copies thereof, including all copyright and other intellectual property rights, and may protest their rights in the Software in the event of any violation of this Agreement. Oracle shall be a third-party beneficiary to this Agreement to the extent this Agreement involves or affects Oracle’s interest or rights in the Software.
Third Party Components in SQL. SQL may include source code that Oracle may provide as part of its standard delivery of SQL, which source code shall be governed by this Agreement.