Terms & Conditions
By using any or all of the software associated with the dBSea software the User agrees to the entirety of this text:
END USER LICENCE AGREEMENT
dBSea Ltd & User1
- This contract encompasses all programs and modules (herein called Product) that dBSea Ltd, and agents granted license by dBSea Ltd, (herein called Developer) have developed for underwater acoustic assessment.
- The Developer only has responsibilities to Users having legally purchased the Product, subsequent to full payment, and only for the duration of the maintenance period (one year subsequent to timely payment unless otherwise agreed in writing).
- Users of the Product who have not yet paid are still bound by the conditions given in Section 3 - USER RESTRICTIONS. This includes, but is not limited to, Users trialling dBSea, Users of dBSea Basic and Users of dBSea SRI.
- Users using an unpaid, free or out of maintenance period version of the Product accepts that any version of the Product is provided “as is” and may contain errors or omissions. The Developer undertakes no liability for the risks of industrial realisation and commercial exploitation of the the Product and Developer shall have no liability regarding the fitness for purpose, quality, non-infringement, accuracy, use or merchantability of the Product. Developer provides no warranties, expressed or implied, either relating to the content or to the relevance of the Product. Developer disclaims any liability for errors or defects associated with the Product to the maximum extent permitted by law.
- The Developer is not liable for any disadvantage or harm of any form occurring to the User following use of the Product.
- Only the Developer is allowed to make changes to the Product and accompanying written materials.
- The Developer will continue to improve and upgrade the Product. It is not the responsibility of the Developer to inform the User of changes to the Product
- Any disadvantage occurring to the User following erroneous or careless2 use of the Product is not the responsibility of the Developer.
- As is Developer policy, the Developer is willing to assist the User with the acoustical concepts, data structures, etc., but will not have a specific time period in which to provide said assistance.
- The Developer will document modifications of Product, and periodically upgrade accompanying written materials and documentation. This documentation will not be exhaustive, but rather an overview of modifications.
3 USER RESTRICTIONS
- All information associated with the Product provided by the Developer and/or the Distributor to the User shall be considered “Confidential Information”. User agrees not to use for its own benefit or for the benefit of any other person, and not divulge, disclose, publish or otherwise communicate in any form whatsoever to any other party or any associates, agents, or affiliates of the User; (a) any confidential and proprietary information respecting the terms of this Agreement, Developer, or the Product, including but not limited to trade secrets(including pricing policies, business strategies, Product designs and specification), as well as any materials and information which from the circumstances in which they are made available in good faith and good conscience ought to be treated as confidential or proprietary (“Confidential Information”) that, if known by customers, competitors, suppliers or other third parties, would or might reasonably be expected to harm Developer or could be used to developer’s disadvantage, (b) any Confidential Information that would or might reasonably be expected to provide an advantage to the Developer’s competitors, and (c) any information known by User to be secret or confidential to Developer. User hereby agrees to indemnify, defend, save and hold harmless Developer with regard to any unauthorized disclosure, circumvention or breach of this Agreement. It is also agreed that, in addition to any other rights or remedies at law or in equity, Developer shall have the right to enjoin any unauthorized circumvention, disclosure, or use of the Confidential Information.
- Any modification, adaption, translation, reverse engineering, decompiling, disassemblement, attempt to discover the source code of the software or the creation of any derivative work based on the software the subject of this Software Maintenance Contract, is strictly prohibited.
- Distributor and User may not assign, lease, provide to any sublicense, or otherwise transfer voluntarily or by operation of the law this Agreement or any rights associated with the Agreement, including but not limited to a transfer as a result of a third party that acquires all or substantially all of the Distributor or User’s assets, whether via merger, sale, or other transfer, without the prior written consent of the Developer.
- In the events that Distributor or User transfers or attempts to transfer the Product, any rights associated with this Agreement, or discloses any Confidential Information, then this Agreement and the Product Licences will be terminated immediately and automatically by Developer without further notice.
- Upon termination, the User shall immediately return to the Developer the software, all revisions, enhancements and upgrades, the media and manuals and specifications. Any termination shall not affect the accrued rights of the Distributor and/or the developer, nor shall it affect any provision of this Agreement which is expressly or by implication intended to continue in force after such termination.
Data provided to the Developer for customer assistance will be viewed as business secrets and not used without the User’s written permission both during the duration of this contract and afterwards.
To be effective, any notice hereunder shall be in writing, delivered by persons or mailed by certified or registered mail, postage prepaid, to the appropriate party or parties at the addresses set forth on the first page, or to such other address as the parties may hereinafter designate. Any notice given by mail and sent within one country to an address of one of the parties shall be deemed to have been given when 48 hours elapsed from the time when such notice was deposited at a suitable courier. Any notice given by mail and sent internationally to an address of one of the parties shall be deemed to have been given when 10 days elapsed from the time when such notice was deposited at a suitable courier. Any notice hereunder may also be sent via electronic transmission. Any notice given by electronic transmission shall be deemed to have been given when 24 hours have elapsed from time to time when such notice was sent.
Changes and annexes to this contract must be in written form and mutually agreed upon between parties.
This Agreement constitutes the entire agreement between the Developer, the Distributor and the Customer concerning Maintenance of the dBSea Product. If any provision of this Agreement shall be declared void or enforceable, the validity of this Agreement and all other provisions shall not be affected.
1 User is anyone using the Product, legally or not.
2 Referring to neglect (wilful or not) of best practices relevant to the scenario.
Clicking any of the below links implies that you have agreed to the above Terms & Conditions.
dBSea 2.2.5, full version (requires HASP key or trial licence)
dBSea Basic, limited features, but free
dBSea SRI - as dBSea Basic, but includes the Sound Risk Indicator, a tool for fast estimation of effect of changes to noisy activities (co-developed with Equinor.
Documentation: "Theory and background", "Method and use of tool")