Terms of Use

Your Relationship with One-Boat Network App, ChartSelect & LiveShare

ChartSelect is an online chart distribution service offered to Humminbird® customers. ChartSelect allows you to purchase and download US and International charts to an encrypted SD card via the ChartSelect Download Tool V2. Use of the ChartSelect services will require registration on the ChartSelect website (chartselect.humminbird.com).

The One-Boat Network app is a mobile app designed for use with select Humminbird and Minn Kota products and allows you to control certain aspects of those products as well as perform over-the-air software updates. The One-Boat Network App also provides a service where you can subscribe to certain LakeMaster maps and charts to view and use on your mobile device. 

LiveShare is a crowd sourced bathymetry service exclusively for Humminbird users which is offered through the ChartSelect website. The service allows you to upload sonar data you collect, as well as download crowdsourced underwater charts compiled and made available on the ChartSelect website. LiveShare will require registration on the ChartSelect website, special Humminbird software code you will need to install on your compatible Humminbird device, and an AutoChart Zero Lines Map Card™.

1. Definition of Terms

1.1 The ChartSelect website (chartselect.humminbird.com), the ChartSelect Download Tool V2, the LiveShare service, the One-Boat Network app, and related software and services (collectively, the "Services") are owned by Johnson Outdoors Canada Inc., the principal place of business of which is at 411 Richmond Street East, Suite 307, Toronto, Ontario, M5A 3S5, together with its parent and affiliates ("JOCI" or “Licensor”). Your use of the Services is subject to your acceptance of all of the terms and conditions contained in this document (“Terms of Use” or “Universal Terms”).

1.2 Your agreement with the Licensor will also include the terms of any legal notices applicable to the Services, in addition to the Universal Terms. Any such notices are referred to herein, collectively, as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and the Licensor in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to herein as the "Terms".

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by the Licensor in the user interface for any Service.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with the Licensor, or (b) you are a person barred from receiving the Services under the laws of Canada or other countries including the country in which you are resident or in which you use the Services.

2.4 Before you continue, you should print or save a copy of the Terms for your records.

3. Language of the Terms

3.1 Where the Licensor have provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with the Licensor.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services

4.1 Licensor may have affiliates around the world (the "Affiliates"). Sometimes, the Affiliates will be providing the Services to you on behalf of the Licensor. You acknowledge and agree that the Affiliates will be entitled to provide the Services to you.

4.2 The Licensor are constantly innovating in order to provide the best possible experience for their users. You acknowledge and agree that the form and nature of the Services which the Licensor provide may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you agree that the Licensor may at their sole discretion and without prior notice to you stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally. You may stop using the Services at any time. You do not need to inform the Licensor when you stop using the Services.

4.4 You agree that if the Licensor disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.5 You acknowledge and agree that the Licensor may set an upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space or bandwidth used for the provision of any Service. Such fixed upper limits may be set by the Licensor at any time, at their sole discretion.

4.6 If Licensor has received a fee from you for provision of the Services and should the Services fail to perform in accordance with the limited warranty, your exclusive remedy shall be either a pro rata refund of the fees paid subsequent to the date you notified Licensor of the failure, or repair or replacement of the Services, at the sole discretion of Licensor. The limited warranty shall not be available if failure of the Services has resulted from accident, abuse or misapplication. Any replacement Services will be warranted only for the remainder of the initial warranty period.

4.7 If the Licensor, at their sole discretion, suspend, cancel or otherwise restrict your use of Services for which you have paid the Licensor a fee, your exclusive remedy shall be a pro rata refund of the fees paid which correspond with the period in which the Licensor disabled your access to the Service. If the Licensor suspend, cancel or otherwise restrict your use of Services for which you have paid the Licensor a fee, due to failure by you to conform to these Terms, then no refund of the fees paid shall be applied.

5. Use of the Services by You

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to The Licensor will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Canada, the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the Licensor, unless you have been specifically permitted to do so in a separate agreement with the Licensor. You agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and you shall comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with the Licensor, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that the Licensor have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Licensor may suffer) of any such breach.

6. Your Passwords and Account Security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to the Licensor for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify the Licensor immediately at dataprivacy@johnsonoutdoors.com.

7. Privacy and Your Personal Information

7.1 For information about the Licensor’s data protection practices, please read the privacy policy  available at johnsonoutdoors.com/privacy-policy (“Licensor’s Privacy Policy”). This policy explains how the Licensor treat your personal information and protect your privacy when you use the Services.  

7.2 By using the Services, you agree to the use of your data in accordance with Licensor’s Privacy Policy.

8. Content in the Services

8.1 You understand that all information (such as, but not limited to data files, map images, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have uploaded to the Services, or otherwise have access to through the Services are the sole responsibility of the person or organization from which such content originated. All such information is referred to herein as the "Content".

8.2 Content presented to you as part of the Services or uploaded by you to the Services including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the Licensor (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Content (either in whole or in part), unless you have been specifically told that you may do so by the Licensor or by the owners of that Content, in a separate agreement.

8.3 The Licensor reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible for (and that the Licensor have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which the Licensor may suffer) by doing so.

8.6 Certain Services may be licensed to you for use as a general position locator, subject to the accuracy limitations of GPS signals, errors in digital maps, and errors in integrating the maps with the GPS. The Services are not intended and are not licensed to you for purposes of steering or guiding a moving vehicle, boat, or airplane, or any other navigational use requiring precise determination of position. The Services are not licensed for use as the sole source of position information.

8.7 You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, and without limiting this or any other section of these Terms, you agree not to use the Services to:

(A) harvest or collect email addresses or other information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(B) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services;

(C) use automated scripts to collect information from or otherwise interact with the Services;

(D) upload, post, transmit, share, store or otherwise make available any Content that the Licensor deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

(E) register for a user account on behalf of an individual other than yourself;

(F) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

(G) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(H) upload, post, transmit, share, store or otherwise make publicly available on the Services any private information of any third party, including, addresses, phone numbers, email addresses, social insurance numbers and credit card numbers;

(I) solicit personal information from anyone under the age of 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

(J) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(K) upload, post, transmit, share, store or otherwise make available Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any law;

(L) use or attempt to use another person's account.

(M) upload, post, transmit, share, store or otherwise make available Content that, in the sole judgment of the Licensor, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Licensor to any harm or liability of any type.

9. Proprietary Rights

9.1 You acknowledge and agree that Licensor (or Licensor's Licensor) own all legal right, title and interest in and to the Services including any intellectual property rights which subsist in the Services (whether or not those rights are registered, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by the Licensor and that you shall not disclose such information without the Licensor' prior written consent.

9.2 Unless the Licensor have agreed otherwise in writing, nothing in the Terms gives you a right to use any of the Licensor' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with the Licensor, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.

9.4 Other than the limited license set forth in Section 11, the Licensor acknowledge and agree that they obtain no right, title or interest from you (or your Licensor) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether or not those rights are registered, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that the Licensor have no obligation to do so on your behalf.

9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.6 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. License From the Licensor

10.1 The Licensor gives you a revocable, limited, personal, non-assignable, and non-exclusive license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Licensor, in the manner permitted by the Terms.

10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the Licensor, in writing.

10.3 Unless the Licensor has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.

10.4 The Licensor may give you, or provide for an additional fee, a time-limited, personal,  non-assignable and non-exclusive license to use certain additional content, such as maps or charts, in the Services or in third-party- created software, as determined solely by the Licensor (referred to herein as the "Maps"). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Maps as provided by the Licensor, in the manner permitted by the Terms. This license for the Maps may be governed by additional terms, in which case the terms will be made available to you for review at the time you choose to purchase and/or use the Map license.

11. Content License From You

11.1 The Services allow you to upload and download data to and from the ChartSelect website and the One-Boat Network App. You own the information and data you make available in connection with the Services. However, by using this Services and uploading data to the Service, you grant the Licensor a non-exclusive, royalty-free, worldwide, perpetual, and transferable license to use, sell, incorporate, modify or delete any data that you make available to the Service for use in the Service as well as derivative products.

11.2 You agree that this license includes a right for the Licensor to make such Content available to other companies, organizations or individuals with which or with whom the Licensor have relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

11.3 You understand that the Licensor, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit the Licensor to take these actions.

11.4 You represent and warrant to the Licensor that you have all the rights, power and authority necessary to grant the above license.

11.5 The Licensor., retains the right to alter or remove data for any reason.

12. Crowdsource Limitations

12.1 As with any new product or Service that is derived from crowd sourced information, there may be certain discrepancies or errors inherent in the final product. Many different measurements or variables are used to create a sonar depth estimate which when incorrectly collected could cause a sonar device’s measurements to differ from the true depth of a given body of water. Some examples include but are not limited to varying water levels, tides, vegetation or fish in the water column, speed of sound changes in water, noise from other boats, excessive speeds while collecting sonar, settings changes or offsets in the control head, and improperly installed equipment. These errors and others could lead to incorrect sonar measurements that adversely impact the accuracy of the chart you upload to, or download from, the Service.

12.2 As a result, you acknowledge and understand that the Licensor does not guarantee the accuracy, integrity or quality of the Content. You acknowledge and understand that you, and not  the Licensor, are responsible for all Content that you upload or download via the Service. 

YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SERVICE AND DERIVED CHART PRODUCTS ARE NOT INTENDED TO BE USED FOR NAVIGATION, RATHER THEY ARE TO BE USED AS A TOOL TO AID IN FISHING. YOU SHOULD SEEK OUT AND USE OFFICIAL GOVERNMENT CHARTS APPROVED FOR NAVIGATION WHERE AVAILABLE.

12.3 The Licensor will not be held liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Service. By agreeing to use the Service, you bear all risks associated with accuracy, completeness, or usefulness of the Content.

13. Service and Software Updates

13.1 The software included within the Services may automatically download and install updates from time to time from the Licensor. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Licensor to deliver these to you) as part of your use of the Services.

14. Ending Your Relationship With the Licensor

14.1 The Terms will continue to apply until terminated by either you or the Licensor as set out below.

14.2 If you want to terminate your agreement with the Licensor, you may do so by (a) notifying the Licensor at any time and (b) closing your accounts for all of the Services which you use, where the Licensor have made this option available to you. Your notice should be sent by email to dataprivacy@johnsonoutdoors.com

14.3 The Licensor may at any time terminate their legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) The Licensor are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with which the Licensor offered the Services to you has terminated its relationship with the Licensor or ceased to offer the Services to you; or

(D) The Licensor are transitioning to no longer providing the Services to users in the country or region in which you are resident or in which you use the Services; or

(E) the provision of the Services to you by the Licensor is, in the Licensor's opinion, no longer commercially viable.

14.4 Nothing in this Section shall affect the Licensor's rights regarding provision of Services under Section 4 of these Terms.

14.5 When these Terms come to an end, all of the rights, obligations and liabilities that you and the Licensor have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

15. EXCLUSION OF WARRANTIES

15.1 NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT THE LICENSOR'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

15.3 IN PARTICULAR, THE LICENSOR AND THEIR AFFILIATES AND THEIR LICENSOR DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

15.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

15.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LICENSOR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

15.6 THE LICENSOR FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

16. LIMITATION OF LIABILITY

16.1 YOU UNDERSTAND AND AGREE THAT THE LICENSOR AND THEIR AFFILIATES AND THEIR LICENSOR SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH THE LICENSOR MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(IV) YOUR FAILURE TO PROVIDE THE LICENSOR WITH ACCURATE ACCOUNT INFORMATION;

(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

16.2 THE LIMITATIONS ON THE LICENSOR'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT THE LICENSOR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

17. END USER INDEMNITY

17.1 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE LICENSOR and THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM OR RELATED TO:

(A) YOUR BREACH OF ANY OF THESE TERMS; OR

(B) YOUR ACCESS TO OR USE OF THE SERVICES; OR

(C) YOUR USE OR RELIANCE ON, OR PUBLICATION, COMMUNICATION OR DISTRIBUTION OF ANYTHING ON OR FROM ANY WEBSITE OR MOBILE APPLICATION FORMING PART OF THE SERVICES. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH THE LICENSOR IN THE DEFENCE OF ANY CLAIM. THE LICENSOR RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

18. Copyright and Trade Mark Policies

18.1 It is the Licensor's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

19. Other Content

19.1 The Services may include hyperlinks to other websites or content or resources. The Licensor may have no control over any websites or resources which are provided by companies or persons other than the Licensor.

19.2 You acknowledge and agree that the Licensor are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, products or other materials on or available from such websites or resources.

19.3 You acknowledge and agree that the Licensor are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

20. Changes to the Terms

20.1 The Licensor may make changes to the Terms from time to time. When these changes are made, they will be made available to you from within, or through, the affected Services.

20.2 You understand and agree that if you use the Services after the date on which the Terms have changed, the Licensor will treat your use as acceptance of the updated Terms.

21. General Legal Terms

21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

21.2 The Terms constitute the whole legal agreement between you and the Licensor and govern your use of the Services (but excluding any services which the Licensor or either of them may provide to you under a separate written agreement), and completely replace any prior agreements between you and the Licensor in relation to the Services.

21.3 You agree that the Licensor may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

21.4 You agree that if the Licensor do not exercise or enforce any legal right or remedy which is contained in the Terms (or which the Licensor have the benefit of under any applicable law), this will not be taken to be a formal waiver of the Licensor's rights and that those rights or remedies will still be available to the Licensor.

21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

21.6 You acknowledge and agree that each Affiliate of the respective Licensor shall be a third party beneficiary to the Terms and that such Affiliates shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary to the Terms.

21.7 The Terms, and your relationship with the Licensor under the Terms, shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of laws provisions. You and the Licensor agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario, Canada to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the Licensor shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

22. Third Party Component Licenses:

Google Maps, This product uses Google Maps features and content. The use of Google Maps features and content is subject to the current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.

Reachability, Copyright (c) 2011, Tony Million. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SSSnackBar, Copyright (c) 2015 Sam Stone <stonesam92@gmail.com>

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 PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, 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 AN 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.

BoringSSL - BoringSSL is a fork of OpenSSL. As such, large parts of it fall under OpenSSL licensing. Files that are completely new have a Google copyright and an ISC license. This license is reproduced at the bottom of this file. Contributors to BoringSSL are required to follow the CLA rules for Chromium: https://cla.developers.google.com/clas

Files in third_party/ have their own licenses, as described therein. The MIT license, for third_party/fiat, which, unlike other third_party directories, is compiled into non-test libraries, is included below.

The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org.

OpenSSL License  Copyright (c) 1998-2011 The OpenSSL Project.  All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com).  This product includes software written by Tim Hudson (tjh@cryptsoft.com).

Original SSLeay License Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com). The implementation was written so as to conform with Netscapes SSL. This library is free for commercial and non-commercial use as long as the following conditions are aheared to.  The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code.  The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be  removed. If this package is used in a product, Eric Young should be given attributionas the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The licence and distribution terms for any publically available version or  derivative of this code cannot be changed.  i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]

ISC license used for completely new code in BoringSSL: Copyright (c) 2015, Google Inc.

Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. 

The code in third_party/fiat carries the MIT license: Copyright (c) 2015-2016 the fiat-crypto authors (see https://github.com/mit-plv/fiat-crypto/blob/master/AUTHORS).

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 PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, 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 AN 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.

Leveldb, Copyright (c) 2011 The LevelDB Authors. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer; Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution; Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

nanoPb, The zlib license: Copyright (c) 2011 Petteri Aimonen <jpa at nanopb.mail.kapsi.fi>

This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. This notice may not be removed or altered from any source distribution.

The following components are distributed under the terms of the Apache License (Version 2.0), Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at  http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Firebase, Copyright 2023 Google LLCActiveAndroid, Copyright (C) 2010 Michael Pardo
Retrofit2, Copyright 2013 Square, Inc.
Picasso, Copyright 2013 Square, Inc.
Otto, Copyright 2013 Square, Inc.
ThreeTen Android Backport, Copyright (C) 2015 Jake Wharton
SlidingIntroScreen, Copyright (C) Jack Bradshaw
EventBus, Copyright (C) 2012-2021 Markus Junginger, greenrobot (https://greenrobot.org)
Kotlin, Kotlin is distributed under the terms of the Apache License (Version 2.0).
Gson, Gson is distributed under the terms of the Apache License (Version 2.0).
Dagger, Copyright 2012 The Dagger Authors
abseil
GoogleAppMeasurement
GoogleDataTransport
GoogleUtilities
gPRC
GTMSessionFetcher
Promises
SwiftProtoBuf

Qt Project, NOTE: This product uses Qt software. Qt is licensed under commercial and open source licenses (GNU General Public License version 3 and GNU Lesser General Public License version 2.1). This portion of the software is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License and GNU Lesser General Public License as published by the Free Software Foundation; either version 3 of the GNU General Public License and version 2.1 of the GNU Lesser General Public License, or (at your option) any later version.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License and GNU Lesser General Public License for more details.

You may receive a copy of the GNU General Public License and GNU Lesser General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.

To receive a free copy of the Qt software used in this system, please send a letter of request* with the following information:  Name (First & Last); Phone Number; E-mail Address; Mailing Address; 

Shipping and Handling: We can only accept requests that include a money order in the amount of $9.99 to cover shipping and handling. Please allow 4-6 weeks for processing.

Send the letter of request* to the following address: Software Request, Humminbird, 678 Humminbird Lane, Eufaula, AL 36027

August 29, 2022

MAP LICENSE AGREEMENT

This digital map product (“Licensed Product” or “Service”) is the proprietary and confidential property of Johnson Outdoors Marine Electronics, Inc. (“Licensor”).
Unauthorized use, including the copying of this Licensed Product, is expressly prohibited.

PLEASE READ THIS MAP LICENSE AGREEMENT (“AGREEMENT” or “LICENSE”) CAREFULLY BEFORE USING THE LICENSED PRODUCT. BY USING THE LICENSED PRODUCT YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THE USE RESTRICTIONS, WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. 

1. SCOPE OF LIMITED, NON-EXCLUSIVE LICENSE – USE RESTRICTIONS

Under the Agreement, you have a revocable, limited, non-exclusive, non-transferrable, non-sublicensable, personal license to use the Licensed Product, including the data contained on the media in this package, on a Licensor approved GPS mapping device for supplemental navigation reference purposes. Licensor and its third-party suppliers and licensors retain all rights to the Licensed Product not expressly granted by the Agreement. YOU ARE RESPONSIBLE FOR USING OFFICIAL GOVERNMENT CHARTS AND PRUDENT NAVIGATION FOR SAFE TRAVEL. The Licensed Product and the accompanying documentation are copyrighted works of authorship and contain valuable secret and confidential information proprietary to Licensor and its third-party suppliers who retain the ownership of the information and all copyrights and other proprietary rights therein. You agree to exercise reasonable efforts to protect their proprietary interests. You may NOT copy, modify, adapt, translate, reverse engineer, decompile, disassemble, separate, unbundle, extract, isolate, remove, sub license, rent, lease, or sell any portion of the Licensed Product. You may NOT create derivative works based upon the Licensed Product. You may NOT place any portion of the Licensed Product onto a server so that it is accessible via a public network such as the Internet.

Licensor and its licensors reserve all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Licensed Product.

2. EXCLUSION OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 

THE LICENSOR AND THEIR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LICENSOR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE LICENSOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LICENSOR’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT THE LICENSOR AND THEIR AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH THE LICENSOR MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE THE LICENSOR WITH ACCURATE ACCOUNT INFORMATION; AND/OR (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

THE LIMITATIONS ON THE LICENSOR’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT THE LICENSOR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Licensee shall indemnify, hold harmless, and, at Licensor’s option, defend Licensor from and against any Losses resulting from any third-party claim based on Licensee’s, or any other user’s: (i) negligence or willful misconduct; (ii) use of the Licensed Product in a manner not authorized or contemplated by this Agreement; (iii) use of the Licensed Product in combination with data, software, hardware, equipment or technology not provided by Licensor or authorized by Licensor in writing; (iv) modifications to the Licensed Product not made by Licensor; or (v) use of any version other than the most current version of the Licensed Product delivered to Licensee, provided that Licensee may not settle any third-party claim against Licensor unless such settlement completely and forever releases Licensor from all liability with respect to such third-party claim or unless Licensor consents to such settlement in writing, and further provided that Licensor will have the right, at its option, to defend itself against any such third-party claim or to participate in the defense thereof by counsel of its own choice.

Any data that you provide to Licensor shall be subject to the terms of Licensor’s Privacy Policy, available at johnsonoutdoors.com/privacy-policy. 

In addition to the other requirements of the License Agreement, you warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  You also agree that you will not use the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

This Agreement shall be governed by the laws of the State of Wisconsin (“Applicable Law”), without reference to conflict-of-law principles, and any dispute arising out or relating to this Agreement shall be submitted to the exclusive jurisdiction of the federal or state courts having jurisdiction in Racine, Wisconsin USA. You consent to the jurisdiction of such courts.

This Agreement is effective from the day you download and/or use and/or otherwise purchase your Licensed Product and shall continue until terminated/expired. Your license to use the Licensed Product shall terminate automatically, without notice from Licensor, if you violate the terms of this Agreement. Upon such termination/expiration, you must delete and/or destroy any Licensed Product in your possession or control. Licensor reserves the right to enforce any other legal rights arising from termination/expiration. Sections 2, 3, 4, 5, 6, 7, 9, and 10 of this Agreement shall survive any such termination.

9 SEVERANCE

If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and such provision shall be substituted with a valid and enforceable provision which as nearly as possible accomplishes the intent of the original provision.

This Agreement contains the entire agreement between Licensor and Licensee regarding the subject matter of this Agreement. This Agreement supersedes all previous agreements covering this subject matter between the parties.  

11. TERMS RELATING TO DATA FROM THIRD PARTIES INCORPORATED INTO THE LICENSED PRODUCT AND ACKNOWLEDGEMENTS

Licensor licenses certain content in the Licensed Product from third parties. You agree to comply with applicable third-party terms, if any, while using the Licensed Product.

These third parties shall not be responsible to you for (a) any product warranties, express or implied, or (b) maintenance and support of the Licensed Product.

Further, these third parties shall not be responsible for, or liable to you for, any claims relating to the Licensed Product, including but not limited to the following: (i) product liability claims; (ii) any claim that the Licensed Product fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Unless otherwise prohibited by law, in no event will Licensor’s licensors and suppliers be liable for any incidental, consequential, special, exemplary, or indirect damages (including lost profits or lost data) arising from, or relating to, the Licensed Product, even if Licensor or its licensors or suppliers have been advised of the possibility of such damages.

Certain data in the Licensed Product may contain cartography and other data and information from one or more of the following third parties: National Oceanic and Atmospheric Administration (NOAA), “© OpenStreetMap contributors” openstreetmap.org, opendatacommons.org, Made with Natural Earth, Open Government Licence – Canada, Open Government Licence – Ontario, Open Government Licence – Quebec, Government of Manitoba, licensed under the OpenMB Information and Data Use License (Manitoba.ca/OpenMB), GeoBase®, GeoNB Open Data Licence, His Majesty the King in Right of Manitoba, as represented by the Minister of Conversation, Minnesota Department of Natural Resources, and North Dakota Game and Fish.

Certain data in the Licensed Product may contain cartography and other data from the Canadian Coast Guard and Department of Fisheries and Oceans licensed under the Canadian Coast Guard Open Information Licence. This Information is available in its original format for free download on the Canadian Coast Guard website and the Monthly Edition of the Notices to Mariners (NOTMAR) website.

This product has been produced by Johnson Outdoors Canada Inc based on Canadian Hydrographic Service (“CHS”) data, following any minimum standards/guidelines that may have been established by CHS, pursuant to CHS Digital Value-Added Reseller Agreement No. 2023-0510-1260-J. The incorporation of data sourced from CHS in this product shall not be construed as constituting an endorsement by CHS of this product.

This product does not meet the requirements of the Navigation Safety Regulations, 2020 under the Canada Shipping Act, 2001. Charts and publications issued by or on the authority of CHS must be used to meet the requirements of those regulations.

Certain data in the Licensed Product may contain cartography and other data may have been derived in part from material obtained from the UK Hydrographic Office with the permission of the UK Hydrographic Office, the Keeper of Public Records. © British Crown Copyright, 2021. All rights reserved.

Certain data in the Licensed Product may contain cartography and other data based on © Shom – updated on 09/2021 – reproduced under Authorization No. 54/2018.

©Swedish Maritime Administration 22-03286. Hydrographica chart data contained in this product is © 20XY Hydrographica. Swedish Meteorological and Hydrological Institute (SMHI); Swedish National Heritage Board. © Finnish Transport and Communications Agency license No. TRAFICOM/489758/00.04.01.10/2022. University of Jyväskylä Lipas. ©Finnish Environment Institute. © Fire Map. © National Land Survey of Finland.

No official hydrographic service has verified the information contained in this Licensed Product nor can be held liable for the accuracy of its reproduction or any subsequent modification thereof. Possession of this Licensed Product is not exempt from the obligation to use the appropriate nautical charts provided for by national or international regulations.

NOTICE

The UK Hydrographic Office (UKHO) and its licensors make no warranties or representations, express or implied, with respect to this product. The UKHO and its licensors have not verified the information within this product or quality assured it.

Content Based on or Containing Data Provided by the Commonwealth of Australia Copyright.

Certain data in the Licensed Product may contain cartography and other data from ©Commonwealth of Australia; and used under license with the permission of The Australian Hydrographic Office. All rights reserved.

Apart from the uses permitted to the licensee under the license, the information may not be modified or exploited by reverse engineering of formats and encryption or copied, reproduced, translated, or reduced to any electronic medium or machine readable form, in whole or part.

Certain data in the Licensed Product may contain cartography and other data from Maxar. Maxar, and Maxar’s Affiliates, are third party beneficiaries of the End User License Agreement, and by  accepting its terms and conditions, Maxar will have the right (and will be deemed to have accepted the right) to enforce the End User License Agreement against you as a third party beneficiary.

WARNING

The Australian Hydrographic Office does not check the information in this product and the Commonwealth accepts no liability for the accuracy of copying of its material or for any modifications that may have been made to the information which it has supplied. Furthermore, the Commonwealth does not warrant that this product meets any regulations as an appropriate product for navigation or that it contains the latest hydrographic information available.

Data based on or containing data provided by Gippsland Ports Committee of Management Inc.

Certain data in the Licensed Product may contain cartography and other data licensed from Gippsland Ports Committee of Management Inc. Gippsland Ports Committee of Management Inc. do not check the information in this product and the Crown in Right of the State of Victoria and Gippsland Ports Committee of Management Inc. accept no liability for the accuracy of copying or for any modifications that may have been made to the information which it has supplied.

Furthermore, the Crown in Right of the State of Victoria and Gippsland Ports Committee of Management Inc. does not warrant that this product meets any regulations as an appropriate product for navigation or that it contains the latest hydrographic information available.

The data has been used in the product with the permission of Gippsland Ports Committee of Management Inc. Gippsland Ports Committee of Management Inc. has not evaluated the data as altered and incorporated within the product, and therefore gives no warranty regarding its accuracy, completeness, currency or suitability for any particular purpose.

No national Hydrographic Office has verified the information in this product and no national Hydrographic Office accepts any liability for the accuracy of reproduction or any modifications made thereafter. No warranty is given that this product complies with national or international regulations regarding the use of appropriate products for navigation.

This Service includes (but is not limited to) content based on ENC Data issued by government authorities. The Parties acknowledge and agree that whilst the relevant government authority has confidence in the ENC Data issued, once it is issued and converted into other formats, the relevant government authority has no further control over the said data or the service that is provided to users. This includes, but is not limited to representation, display, completeness, up-to-datedness or accuracy.

ANY QUESTIONS RELATING TO THE LICENSED PRODUCT SHOULD BE DIRECTED TO LICENSOR BY CONTACTING OUR HELP CENTER AT https://humminbird-help.johnsonoutdoors.com/hc/en-us OR IN WRITING TO THE ADDRESS BELOW: