The Provider and the User agree as followed:
§1. Subject of agreement
Subject of the agreement is the providing of technical and information services by the Provider in connection with the granting of rights of user in a database of recorded signals from the Automatic Identification System (AIS) created by the Provider (hereinafter referred to as the “Database”), as well as a software (hereinafter referred to as the “Software”), which allows the User access to the Database by means of search functions and graphical representations. The Database and Software are hereinafter collectively called “VT Explorer”.
§2. Granted Rights
(1) As part of this contract, the Provider only grants the User the right to view the data and graphical representations provided by VT Explorer. Furthermore, the User is allowed to use data and graphical representations within his own presentations, as long as there is an explicit notice of the source.
(2) The Provider grants the User rights to install, activate and use each VT Explorer account on one personal computer AND one mobile device (smartphone or tablet) ONLY. The User accepts that if he needs to install the account on another computer (workstation) or mobile device it will be deactivated on the first one.
(3) Any and all further rights in the elements of the database and their graphical representations are reserved and have to be separately licensed. This particularly applies to local copies, duplications, distribution and making available in online services.
§3. Duration and termination
The contract on the services provided is entered for an indefinite period of time. It can be terminated by both parties towards the end of an ordered billing period with at least thirty calendar days’ notice. The termination notice can be made by email, by fax or by letter.
(1) The user agrees to pay the Provider subscription fee according to the official price list published at the web site of Provider (http://www.vtexplorer.com)
(2) An invoice shall be submitted by the Provider for each payment.
(3) All payments shall be made by the User to the bank account of the Provider or by credit card via PayPal system.
§5. Accessory Obligations
(1) The User agrees to exclusively use the information gathered by means of VT Explorer according to the principle of utmost good faith and in particular refrain from any kind of harm to third parties by means of the obtained information.
(2) The User agrees to hold the Provider harmless from any third parties’ claims and release him from any liability caused by the User’s intentional or negligent violation of his Accessory Obligations or third parties’ rights. This also includes legal costs.
§6. Limitation of liability
(1) The Database created by the Provider is assembled from data sent by vessels’ AIS systems and received in part by the Provider’s own receivers, in part transmitted to him by third party providers. These sources believed to be reliable by Provider but Provider is unable to guarantee the accuracy of all details.
(2) The Provider will in no circumstances be liable for indirect or consequential loss, damage or expense (including, but without limitation, loss of profit, loss of contracts or loss of user) suffered or incurred by any person resulting from any failure by the Provider.
(3) The Provider can interrupt the provision of services within the boundaries of what is usual in this line of business, in order to sustain the general provision of services, especially for repairs, updates or in emergency situations. Except in emergency situations, the Provider will announce such down times of the access of his service in advance and reduce them to the lowest possible degree.
§7. Final provisions
(1) Changes, amendments and side letters to the contractual relationship have to be in writing in order to have any legal effect.
(2) If any provision of these policies and regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these policies and regulations which can be given effect without the invalid provision or application, and to this end the provisions of these policies and regulations are severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.
(3) This agreement is exclusively governed by the laws of the Republic of Bulgaria under exclusion of Private International Law.