Terms & Conditions

 

 

SPECIFICATION

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.

User is anyone running all or part of the Product on a computer.

LICENCING

Anyone may download and install dBSea BASIC or dBSea SRI.

DEVELOPER

Only Developer is allowed to make changes to the Product and accompanying written materials.

Developer will continue to improve and upgrade the Product. It is not the responsibility of Developer to inform the User of changes to the Product outside the “Release Notes”, accessible from within the Product.

Any disadvantage occurring to the User following the use of the Product is not the responsibility of Developer.

Developer will document modifications of the Product, and periodically upgrade accompanying written materials and documentation.

Developer will provide assistance and support as set out in section UPGRADES & SUPPORT.

USER RESTRICTIONS

All information associated with the Product provided by Developer, outside what Developer has made public, to the User shall be considered “Confidential Information”.

User agrees not to share:

• Any confidential and proprietary information about the Product that could put the Developer at a disadvantage.
  
  
• Any information that could reasonably aid in deconstructing, reverse engineering or copying the Product.
  
  
• Any Confidential Information that would or might reasonably be expected to provide an advantage to the Developer’s competitors.
  
  
• 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 Product, is strictly prohibited.

UPGRADES & SUPPORT

Users of dBSea BASIC or dBSea SRI will receive “Basic support”.

Basic Support

Basic support is given to all users of dBSea and includes assistance with installation on machines running a recent version of Microsoft Window (version 10 or later).

Versions of the Product of the same major version at the purchased version are available under Basic Support.

TRAINING

• Advanced Training
  Developer can offer individualised training on the software usage and advanced training on model setup. Please contact Developer or distributor to discuss the training objectives, schedule and associated costs.

LIMITED WARRANTY

The Product is provided “as is” with no warranty of accuracy or suitability for certain tasks. Any disadvantage to the User following the use of the Product is entirely the responsibility of the User. User agrees to assume all risks associated with the use of the Product and to hold Developer free of any disadvantage from the User’s use of the Product.

The Product is not guaranteed to be free of errors.

RESPONSIBILITIES

Secrecy

Data provided to 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.

Notices

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.

General

Changes and annexes to this contract must be in written form and mutually agreed upon between parties.

This Agreement constitutes the entire agreement between 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.

dBSea Ltd.

Downloads

Clicking the below link implies that you have agreed to the above End User License Agreement

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 (The Sound Risk Indicator tool was co-developed with Equinor.) Documentation: "Theory and background", "Method and use of tool".