mKart END USER LICENSE AGREEMENT
READ THIS AGREEMENT BEFORE USING THIS mKart PRODUCT.
THIS IS A NON EXCLUSIVE LEGAL AGREEMENT BETWEEN YOU AND GEOPHONE. BY OPENING
THIS mKart PRODUCT PACKAGE AND/OR BY DOWNLOADING AND/OR USING THIS mKart
PRODUCT, YOU AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT.WARNING:
mKart ELECTRONIC CHARTS, BASED ON OFFICIAL DATA AS WELL AS ON OTHER
SOURCES, PROVIDE ASSISTANCE FOR NAVIGATION AND ARE DESIGNED TO FACILITATE THE USE
OF AUTHORIZED GOVERNMENT ELECTRONIC AND PAPER NAUTICAL CHARTS, NOT TO REPLACE
THEM. ONLY OFFICIAL GOVERNMENT CHARTS AND NOTICES TO MARINERS CONTAIN ALL
INFORMATION NECESSARY FOR SAFETY OF NAVIGATION AND, AS ALWAYS, THE CAPTAIN IS
RESPONSIBLE FOR PROPER USE OF SAME.WARNING:
NO NATIONAL HYDROGRAPHICAL OFFICE HAS VERIFIED THE INFORMATION IN THIS
PRODUCT AND NONE ACCEPT LIABILITY FOR THE ACCURACY OF REPRODUCTION OR ANY
MODIFICATIONS MADE THEREAFTER. NO NATIONAL HYDROGRAPHIC OFFICE WARRANTS THAT
THIS PRODUCT SATISFIES NATIONAL OR INTERNATIONAL REGULATIONS REGARDING THE USE
OF APPROPRIATE PRODUCTS FOR NAVIGATION.
1. CERTAIN DEFINITIONS
As used in this agreement, the following terms have the respective meanings provided below:
“DEVICE” means any or all of the hardware devices on which you access or use the Product,
including without limitation a computer, tablet, smartphone or plotter.
“GEOPHONE” means “GEOPHONE GROUP INTERNATIONAL Oy” : if you live anywhere,
GEOPHONE an Finnish company, with head office at Ristiniementie 24, C11, Espoo, Finland,
Fiscal Code and Register of Enterprises No. 2652195-5, V.A.T. number No. Fi26521955.
“PRODUCT” means a mKart electronic chart product containing cartographic, touristic,
bathymetric, 3D, weather forecasts, and similar information, and related application software,
provided on a memory card or as an “app” installed on a Device.
“NAUTICAL CHART” means a map layer containing cartographic reference detail, based on
public and/or private sources as well as on our own surveys, including but not limited to port
plans, safety depth contours, marine services info, tides and currents and navigation aids, etc..
“USER’S EDITS” means edits made by mKart users using mKart apps and viewable on apps.
“USER’S LAYERS” (UL): As used herein, UL means any data submitted by any user of Products,
using an interface included in a Product, AND SHARED WITH mKart AND mKart USERS. UL may
be more than one and include in separate layers and without limitation: User’s Edits, sonar
logs, points of interest (POI) and other cartographic object additions, bathymetric information,
bug/errors fixing or discrepancy reports and/or any other data. UL may be submitted only to
correct or improve mKart charts and may not include any personal data unless specifically and
formally authorized by you.
2. USES PERMITTED
You may use your Product on your Device as an electronic chart/map and ancillary aid to
navigation (see Safety Warning below) and/or course. This agreement gives you certain limited
rights to use and maintain the Product. You agree to use reasonable efforts to protect the
Product from unauthorized use, reproduction, distribution or publication. In the case of
Products used on mobile Devices, GEOPHONE reserves the rights to take marketing initiatives,
by itself or through co-marketing actions, causing banners to appear on your Device during use
of the Product or by sending messages (you may opt out of receiving messages by sending an
empty e-mail to email@example.com
3. PROHIBITED USES
You may not (1) make copies of a Product; (2) alter, decompile, disassemble or reverseengineer or attempt to unlock or bypass the initialization system or encryption techniques
utilized with, a Product; or (3) remove or obscure mKart copyright or trademark notices from
any Product (or its physical media, if applicable).
4. CONTENT (UL) YOU SUBMIT
You acknowledge that UL will be accessible to other users. We cannot guarantee the security of
any information you disclose through any UL; you make such disclosures voluntarily and at your
own risk. You should use good judgment when posting information, remarks or other content
regarding service providers, us or any other third party. You may be held legally responsible for
damages suffered by other users, us or third parties as a result of legally actionable or
defamatory comments, remarks or other information or content which you post as UL. We are
not legally responsible for any UL, even if a UL is defamatory or otherwise legally actionable.
You are and will remain solely responsible for the UL you post and for the consequences of such
posting. We have no duty to monitor UL. You will be solely liable for any damage resulting from
any infringement of copyrights, proprietary rights, or any other harm resulting from UL.
By submitting UL, you automatically grant, or warrant that the owner of such UL has expressly
granted, to us a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce,
display, perform, modify, adapt, publish, translate and distribute and promote such UL (in
whole or in part), and to incorporate it in other works, in any form, media or technology now
known or later developed, and for any purpose and you explicitly waive any right to
compensation for such use. You also permit any other user to access, view, store or reproduce
such UL for personal use. We have no obligation to post any UL from you or anyone else. We
may, in our sole and unfettered discretion, decline to post, edit, remove or delete any UL.
You may not sell, market or permit any other party to sell or market, UL.
You acknowledge and agree that, when you submit UL through a mobile device, we may collect
the GPS position of the device only after anonymizing it and only for the sole purpose of
ensuring the accuracy of the UL and not for your identification or localization.
5. UL RULES
You are solely responsible for any community Edits, sonar logs, points of interest (POI) and
other cartographic object additions, bathymetric information, bug/error fixing or discrepancy
reports and/or any other data that you voluntarily submit and that you assure are accurate and
correct. The above may not (in our sole judgment):
(a) be defamatory, abusive, harassing, or threatening to another person;
(b) disparage any ethnic, racial, sexual or religious group by stereotypical depiction or
(c) be violent, vulgar, obscene, pornographic or otherwise sexually explicit, or foreseeably
harmful to any person or entity;
(d) constitute, encourage or discuss with the intent to commit any illegal activity (including
without limitation child pornography, stalking, sexual assault, fraud, trafficking in obscene or
stolen material, drug dealing or illegal drug use, harassment, theft);
(e) violate any right of a third party including: (i) copyright, patent, trademark, trade secret or
other proprietary or contractual right; (ii) right of privacy or publicity (specifically, UL must not
contain another person’s personal information or image without such person’s express
permission); or (iii) any confidentiality obligation;
(f) be commercial in nature (whether or not for profit) or solicits others (including solicitations
for contributions or donations);
(g) contain a virus or other harmful component, or otherwise tamper with, impair or damage
our site, applications or Products, or any connected network, or otherwise interfere with their
use or enjoyment by any other person;
(h) be irrelevant to the general topic or purpose of the Product or platform for which it is
(i) violate any specific restrictions applicable to the specific platform or forum, such as age
restrictions or procedures;
(j) be antisocial, disruptive, or destructive (including “flaming,” “spamming,” “flooding,”
“trolling,” and “grieving” as those terms are commonly understood and used on the Internet);
(k) be false or misleading;
(l) contain any of your personal contact information (although you may be required to provide
such information to us as part of your registration to upload UL).
6. CONTENT (UL) SUBMITTED BY OTHERS
Submission and use of UL through our Products, applications or other platforms is governed by
this end user license agreement.
Although mKart requires users to submit only accurate and correct UL, GEOPHONE does not
warrant credibility or reliability of UL submitted by users.
7. DURATION AND TERMINATION
This agreement is effective from the day you download and/or use and/or otherwise purchase
your Product and shall continue until terminated/expired. Your license to use the Product shall
terminate automatically, without notice from GEOPHONE, if you fail to comply with the
PROHIBITED USES provision above. Upon such termination/expiration, you must delete and/or
destroy any Product in your possession or control. GEOPHONE reserves the right to enforce
any other legal rights arising from termination/expiration.
8. PRODUCT VERSIONS
GEOPHONE is not obligated to support superseded or discontinued versions of Products or to
upgrade or maintain Products for use on new releases/versions of your Device or its operating
system. Some or all features of your Product may fail to function on Devices other than the
Device for which you originally purchased it.
THE PRODUCT AND RELATED MATERIALS ARE LICENSED “AS IS” AND GEOPHONE (AND ITS
AFFILIATES, CONTRACTORS, EMPLOYEES, DEVELOPERS, CLIENTS, AGENTS, SUPPLIERS, OR
THIRD-PARTY PARTNERS) DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU
ASSUME THE ENTIRE RISK AS TO THE PERFORMANCE AND RESULTS OF PRODUCT. GEOPHONE’S
CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING
FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS
AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE LICENSE TO USE THE
PRODUCT. IN NO EVENT SHALL GEOPHONE BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF GEOPHONE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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
11. APPLICABLE LAW AND JURISDICTION
This agreement shall be governed by the following laws (“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 following courts: if your licensor is GEOPHONE
GROUP INTERNATIONAL Oy, the laws of Espoo, Finland and the state courts sitting in Finland;
The foregoing choices of law and forum are subject to mandatory (non-waivable) provisions of
(i) Applicable Law; or (ii) of the jurisdiction in which you reside.
12. SAFETY WARNINGS
Products are designed to provide ancillary aid to navigation by facilitating the use of authorized
government charts, not to replace such charts. Only official government charts and notices to
mariners contain all information needed for safe navigation. The user is responsible for the
prudent use of Products. Any track generated by electronic charts, autorouting software or
similar tools are basic suggestions for route planning only and must not be used for direct
GEOPHONE encourages navigators and other uers to comply with all applicable rules, including
speed limits, and recommends them safe, prudent and vigilant behaviors. The user involved in
seafaring, navigation and/or any other environment is responsible for the reasonable use of the
Products and must act in a manner that does not harm, endanger, interfere with or cause
inconvenience to any other person.
13. IF YOU ARE PURCHASING THIS PRODUCT THROUGH iTUNES
You acknowledge and agree that (i) this agreement is concluded between you and GEOPHONE,
and not Apple, Inc. (“Apple”); (ii) GEOPHONE, and not Apple, is solely responsible for the
Product; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support
services with respect to the Product; (iv) in the event of any failure of the Product to conform
to any applicable warranty, you may notify Apple and Apple will refund the purchase price you
paid for the Product; (v) to the maximum extent permitted by applicable law, Apple will have
no other warranty obligation whatsoever with respect to the Product; (vi) Apple is not
responsible for any claims that you have arising out of your use of the Product; (vii) Apple will
have no responsibility whatsoever for the investigation, defense, settlement or discharge of any
third-party claim that the Product infringes that third party’s intellectual property rights; and
(viii) Apple and its subsidiaries are third-party beneficiaries of this agreement and, upon your
acceptance of this agreement, Apple will have the right (and will be deemed to have accepted
the right) to enforce this agreement against you as a third-party beneficiary. You represent and
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.
Updated January 09 2023