End User License Agreement

1. GRANT OF LICENSE. TRELLEBORG MARINE SYSTEMS hereby grants to you a revocable, limited, nonexclusive, personal, non-transferable license to download, install and use the MEDVIND APP solely in connection with your use on supporting PC or mobile Software. No other right, title or license is granted hereunder.

2. PERMITTED USE/LICENSE. You acknowledge that this Agreement gives you limited rights to use the MEDVIND APP subject to the terms and conditions set forth herein and applicable law. You may not, under any circumstances: (i) work around or circumvent any technical limitations in the MEDVIND APP; (ii) modify, adapt, translate, reverse-engineer, decompile, disassemble, attempt to derive the source code of, or prepare derivative works of the MEDVIND APP, except and only to the extent that applicable law expressly permits; (iii) publish the MEDVIND APP, either on a network or otherwise, for others to copy or download; (iv) rent, lease, sublicense, or lend the MEDVIND APP; (iv) transfer or permit the use of the MEDVIND APP to any third party; or (v) remove any proprietary notices or labels on the MEDVIND APP; or (vi) use the MEDVIND APP as a sole means of navigation without reference to official paper charts, navigational publications and other appropriate nautical instruments. The MEDVIND APP are intended to be used in their electronic form only and are intended as a navigational aid only. They are NOT a substitute for official nautical charts and publications. They may NOT be used to meet federal chart carriage regulations published in the Code of Federal Regulations or any equivalent regulations in Sweden or any other jurisdiction.

3. OWNERSHIP OF DATA AND COPIES. All right, title and interest in the MEDVIND APP, including any updates or revisions thereto, if applicable, shall remain the sole and exclusive property of TRELLEBORG MARINE SYSTEMS, its licensors, and their successors and assigns. Other than the limited license explicitly set forth in this Agreement, no interest in or rights or licenses to the MEDVIND APP are granted to you, and no interest in or rights or licenses to the MEDVIND APP shall inure in or accrue to you, whether by implication, estoppel or otherwise. You are permitted to have five copies of the MEDVIND APP for onboard use and one for back-up and/or archival purposes; however, you must reproduce on the copy all copyright, proprietary information notices, or other notices appearing on the MEDVIND APP. If you discover any unauthorized use by any third-party of the MEDVIND APP, you agree to inform TRELLEBORG MARINE SYSTEMS promptly in writing of all such discoveries.

4. TERM AND TERMINATION. This Agreement shall commence at the time you download, install and/or use the MEDVIND APP and shall continue until terminated by TRELLEBORG MARINE SYSTEMS hereunder.

(a) Termination. TRELLEBORG MARINE SYSTEMS may terminate this Agreement immediately and without prior notice to you if you breach any term or condition of this Agreement.

(b) Effect of Termination. If this Agreement is terminated for any reason, you must destroy the original and any copy of the MEDVIND APP in your possession and certify to TRELLEBORG MARINE SYSTEMS that they have been destroyed. Except as otherwise provided for herein, any provisions of this Agreement that by their sense and context are intended to survive the termination of this Agreement shall survive such termination. Any cause of action that TRELLEBORG MARINE SYSTEMS may have against you for breach of this Agreement before the date of termination shall survive such termination.

5. SOURCE DATA AND USER RESPONSIBILITIES. The MEDVIND APP are generated from various sources. While TRELLEBORG MARINE SYSTEMS has accuracy standards for each step in the data collection and chart production process, the depth information and navigation aid data is based on surveys conducted by various sources and in many cases may be as old as 100 years. Depth information accuracy and position accuracy of navigation aids can vary greatly due to tidal activity, ocean currents and severe weather events. TRELLEBORG MARINE SYSTEMS will endeavor to provide updates to the MEDVIND APP. Updates to MEDVIND APP may or may not incur a charge for such updates. The timing of their availability is not guaranteed. You are responsible for ensuring that your MEDVIND APP are the most current edition and that the most recent updates have been applied, if any. You acknowledge that you are solely responsible for the safe navigation of your vessel at all times and that the MEDVIND APP do not replace proper seamanship, the use of official nautical charts and publications, or the exercise of reasonable care and judgment while navigating.

6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MEDVIND APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEDVIND APP IS PROVIDED BY TRELLEBORG MARINE SYSTEMS “AS IS” IN ITS CURRENT CONDITION AND WITHOUT ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND OR IN ANY WAY RELATED TO SUPPORT, INDEMNITY, ERROR FREE OR UNINTERRUPTED OPERATION, OR THAT THE MEDVIND APP ARE UPDATED AND CURRENT AND FREE FROM DEFECTS OR VIRUSES. ALL REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, VALIDITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, OR NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF THIS TYPE, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRELLEBORG MARINE SYSTEMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED TO THE MEDVIND APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TRELLEBORG MARINE SYSTEMS’S ENTIRE AND AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO LICENSE THE MEDVIND APP. IF YOU DID NOT PAY TO LICENSE THE MEDVIND APP, TRELLEBORG MARINE SYSTEMS’S ENTIRE AND AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED TEN DOLLARS (US $10) OR ONE HUNDRED SWEDISH KRONOR (SEK 100), WHICHEVER IS GREATER. YOU ACCEPT THIS ALLOCATION OF RISK AND AGREE TO RELEASE TRELLEBORG MARINE SYSTEMS FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS IN EXCESS OF TRELLEBORG MARINE SYSTEMS’S ENTIRE AND AGGREGATE LIABILITY SET FORTH HEREIN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE LIMITED REMEDY SET FORTH IN THIS SECTION 7 FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Notwithstanding any other provision of this Agreement, nothing in this Agreement shall exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable mandatory law, including Swedish consumer protection legislation.

8. INDEMNITY. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless TRELLEBORG MARINE SYSTEMS, its affiliated companies, licensors, successors and assigns, and each of their respective employees, officers, directors, contractors, and agents, for, from and against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses of any kind or nature (including legal costs and attorneys’ fees) arising from or relating to: (i) your breach or violation of this Agreement; (ii) any infringement, misappropriation or violation by you of the rights of any third party; (iii) your violation of or non-compliance with any applicable law, rule or regulation; and (iv) your use, alteration or export of the MEDVIND APP (or any component thereof) in violation of this Agreement. TRELLEBORG MARINE SYSTEMS will have the right to immediately assume sole responsibility and control over the defense of any lawsuit or proceeding and you acknowledge and agree that TRELLEBORG MARINE SYSTEMS’s exercise of such responsibility and control shall not relieve you of your obligation to pay for the defense of such lawsuit or proceeding or any resulting damages.

9. GOVERNING LAW; VENUE. This Agreement shall be governed and construed under the laws of the Kingdom of Sweden, without regard to its conflicts-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly disclaimed. You further acknowledge and agree that any legal action brought by either party to interpret, enforce or defend the terms of this Agreement shall be litigated in the courts or before other judicial bodies located in the Kingdom of Sweden. Notwithstanding the foregoing, TRELLEBORG MARINE SYSTEMS reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

10. EXPORT. The MEDVIND APP may not be used, released, transferred, imported, exported and/or re-exported in any manner prohibited under any applicable laws, including U.S. export control laws regarding specifically designated persons, countries and nationals of countries subject to national security controls.

11. MAINTENANCE AND SUPPORT. You acknowledge and agree that TRELLEBORG MARINE SYSTEMS has no obligation whatsoever to furnish any maintenance or support services with respect to the MEDVIND APP. TRELLEBORG MARINE SYSTEMS may provide maintenance and support services in the form of telephone assistance, corrections, updates, upgrades, bug fixes and/or enhancements to the MEDVIND APP in its sole discretion, but you acknowledge and agree that you are not entitled to such maintenance and support services.

12. CHANGES TO THE AGREEMENT. TRELLEBORG MARINE SYSTEMS may make changes to this Agreement, at any time in its sole discretion, by notifying you of the change. TRELLEBORG MARINE SYSTEMS may provide notice to you via email, if you have provided TRELLEBORG MARINE SYSTEMS with a valid email address, or by posting the modified version of the Agreement on a web page designated by TRELLEBORG MARINE SYSTEMS for this purpose. By using the MEDVIND APP after you have been notified of changes to this Agreement, you signify that you agree to be bound by and comply with the Agreement as modified.

13. SEVERABILITY. The terms and conditions set forth in this Agreement are severable. If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable, the remainder of this Agreement will be valid and enforceable.

13A. CONSUMER RIGHTS. If you are a consumer within the meaning of applicable Swedish or European Union consumer protection legislation, nothing in this Agreement shall affect any mandatory statutory rights that you may have, including rights under the Swedish Consumer Sales Act (konsument­köplagen) and the Swedish Distance Contracts Act (distansavtalslagen), to the extent applicable. In the event of any conflict between this Agreement and such mandatory consumer rights, the mandatory consumer rights shall prevail.

14. NO THIRD-PARTY BENEFICIARIES. The parties do not intend to confer any right or remedy on any third-party.

15. ENTIRE AGREEMENT; WAIVER. This Agreement forms the entire agreement regarding the subject matter set forth herein. This Agreement does not affect any ownership, rights, title, or interest in, or relating to, the MEDVIND APP. No term of this Agreement can be modified or waived, and no breach of this Agreement can be excused, unless done so in a writing signed by all affected parties.

15A. LANGUAGE. This Agreement is drafted in English. If this Agreement is translated into any other language, the English language version shall prevail in the event of any conflict or inconsistency.

16. INJUNCTIVE RELIEF. You agree that your breach or threatened breach of this Agreement will cause TRELLEBORG MARINE SYSTEMS irreparable harm for which recovery of money damages would be inadequate. Accordingly, TRELLEBORG MARINE SYSTEMS may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or equity.

17. INTELLECTUAL PROPERTY. Subject to the limited rights set forth in this Agreement, TRELLEBORG MARINE SYSTEMS retains all rights, title and interest in and to any intellectual property associated with the MEDVIND APP, including but not limited to inventions, whether patented or not, trademarks, copyrights, and trade secrets. Trelleborg and Medvind™ are trademarks of TRELLEBORG MARINE SYSTEMS.

18. DATA PROTECTION. Any personal data provided by you in connection with your use of the MEDVIND APP will be processed by TRELLEBORG MARINE SYSTEMS in accordance with its privacy policy and applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”). For more information about how TRELLEBORG MARINE SYSTEMS processes your personal data, please refer to the privacy policy available in the MEDVIND APP and on the TRELLEBORG MARINE SYSTEMS website.

19. FORCE MAJEURE. TRELLEBORG MARINE SYSTEMS shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.