Dokumendiregister | Transpordiamet |
Viit | 3.2-4/24/1316-1 |
Registreeritud | 22.07.2024 |
Sünkroonitud | 24.07.2024 |
Liik | Üldleping |
Funktsioon | 3.2 Lepingute haldamine |
Sari | 3.2-4 Üldlepingud |
Toimik | 3.2-4 |
Juurdepääsupiirang | Avalik |
Juurdepääsupiirang | |
Adressaat | |
Saabumis/saatmisviis | |
Vastutaja | Olavi Heinlo (Users, Merendusteenistus, Kartograafiaosakond) |
Originaal | Ava uues aknas |
License Agreement No. K091-24
License Agreement No. K091-24
Embracing Rights for the Derivation of Data
by and between
ESTONIAN TRANSPORT ADMINISTRATION (ETA)
and
Orca Technologies AS
LICENSE AGREEMENT...........................................................................................................................
DEFINITIONS ............................................................................................................................................
1 Provision of Data .................................................................................................................................
2 Grant and Obligations ..........................................................................................................................
3 Virtual Access ......................................................................................................................................
4 Intellectual property .............................................................................................................................
5 Payment ................................................................................................................................................
6 Reporting and Payment ........................................................................................................................
7 Acknowledgments ................................................................................................................................
8 Contracting ...........................................................................................................................................
9 Advertising ...........................................................................................................................................
10 Warranty and Indemnity ....................................................................................................................
11 Force Majeure ....................................................................................................................................
12 Assignment.........................................................................................................................................
13 Dispute resolution ..............................................................................................................................
14 Interpretation and Amendment ..........................................................................................................
15 Variation.............................................................................................................................................
16 Sole License Agreement and Non-Representation ............................................................................
17 Period .................................................................................................................................................
18 Termination ........................................................................................................................................
19 Rights after Termination ....................................................................................................................
License Agreement No. K091-24
2
20 Waiver of Default ...............................................................................................................................
21 Confidentiality ...................................................................................................................................
22 Communication ..................................................................................................................................
23 Domicile. ............................................................................................................................................
SCHEDULE (A): Licensor’s Products .......................................................................................................
SCHEDULE (B): Licensee’s Products .......................................................................................................
SCHEDULE (C): Fees and Payment ..........................................................................................................
SCHEDULE (D): Acknowledgements, Warnings and Supplementary Information ..................................
License Agreement No. K091-24
3
LICENSE AGREEMENT
Whereas the Estonian Transport Administration (ETA) is the producer of the official nautical charts for
its country, and claims that it possesses the copyright for its products and permission is required to use
its products and the navigational information contained in such charts, nautical publications, or other
publications in physical or electronic form.
Whereas Orca Technologies AS, is desirous of utilizing navigational information contained in such
charts, nautical publications, or other publications in physical or electronic form and the parties having
reached License Agreement in this regard and desire to record such License Agreement in writing,
Now therefore these present witnessed:
DEFINITIONS
To avoid repetition, the following expressions, wherever used within this License Agreement have the
specific meanings given below.
Licensor Estonian Transport Administration (ETA)
Licensee This includes Orca Technologies AS executors,
administrators and assignees or successors in
business. It does not include any other present or
future subsidiary or co-operating companies, unless
this is clearly stated in this License Agreement
Licensor’s Products This refers to Licensors products that are listed in
Schedule (A).
Derived Products These are those products or services listed in Schedule
(B) that are derived by Licensee from Licensors
products within the rights granted to Licensee in this
License Agreement and are meant to be used or sold
by Licensee and its distributors.
Security Copy A security copy is a single copy taken solely for the
purposes of protecting against accidental loss or
corruption, and servicing customers.
Sale Sale includes hiring out or otherwise distributing
whether for a charge, on a non-profit basis, or free.
Cognates of “sale” shall be construed accordingly.
Customers, End-users or Users These shall consist of any third party to whom
Licensee, or someone on Licensee’s behalf, have sold
derived products.
Distributors These shall consist of third parties, who are not a
subsidiary company to Licensee, who sells the derived
products on Licensees behalf.
Derivation Derivation includes any kind of derivation in any type
or form, whether direct or indirect, permanent, or
intermediate, in analogue or digital form
Accounting Period The period during which accounts are kept for
settlement by Licensee.
License Agreement No. K091-24
4
1. Provision of Data
1.1. Licensor shall provide Licensee one copy of products as listed in Schedule (A).
1.2. Licensor shall also provide Licensee one copy of any updates to Licensor’s products as listed in
Schedule (A).
1.3. Licensee will be charged a fee as laid out in Schedule (C) of this License Agreement.
1.4. Licensee may utilize whichever or any combination of Licensor’s products as best suits Licensee
derivation purposes.
2. Grant and Obligations
2.1. Licensor grants to Licensee a non-exclusive right to use Licensor’s products as listed in Schedule
(A) within Licensee product as listed in Schedule (B).
2.2. The grant to Licensee is subject to the terms and conditions of this License Agreement. Licensee’s
rights do not limit the use by Licensor, or any third party authorized by Licensor to use, distribute
or sell Licensor’s products.
2.3. Licensee shall, during the term of this License Agreement:
2.3.1. generally, act diligently as a user;
2.3.2. perform all functions and obligations and refrain from acting contrary to its obligations as set out
in this License Agreement;
2.3.3. maintain detailed records of transactions and inquiries, relating to Licensor’s products and
Licensee products as specified in by this License Agreement;
2.3.4. account to Licensor promptly after the end of each Accounting Period for fees due to Licensor,
provide particulars of the calculation of the fees, and report as specified in this License
Agreement;
2.3.5. permit Licensor access to Licensee’s records as specified in this License Agreement;
2.3.6. not without Licensor's prior written consent, use or apply in relation to a Derived Product any
names, chart numbers, emblems, trademarks or other signs of Licensor, except as provided in this
License Agreement;
2.3.7. provide Licensor one of each Derived Product listed in Schedule B for free upon Licensors request
for purposes of data quality control;
2.3.8. draw to Licensor's attention any claimed defects or errors in Licensor’s products or updates which
come to Licensee’s attention during the term of this License Agreement;
2.3.9. liaise generally with, and report to Licensor as reasonably required in relation to matters the
subject of or connected to this License Agreement;
2.3.10. nominate a person who has authority to receive and sign notices and written communications for
Licensee under this License Agreement and accept any request or direction in relation to the
License Agreement;
2.4. Licensor shall, during the Term of this License Agreement:
2.4.1. generally, act diligently as an owner
2.4.2. perform all functions and obligations and refrain from acting contrary to its obligations as set out
in this License Agreement;
2.4.3. liaise with any other HO(s) or equivalent authorities, with whom Licensee may have similar
License Agreements, to ensure that total proportion administered of any single derived product
does not exceed 100%;
2.4.4. not subsequently grant more favourable License Agreement conditions to a third party in similar
circumstances without offering substantially similar terms to Licensee.
License Agreement No. K091-24
5
3. Virtual Access
3.1. Licensee shall not place or permit the Derived Product to be placed on a computer/server
accessible to third parties whether via the Internet or otherwise except where:
3.1.1. it is being used as the delivery mechanism to a distributor or End-User and Licensee have used
the best endeavours to ensure that it cannot be accessed by third parties and the delivery
mechanism can be audited and independently verified for the number of copies supplied and the
details of the recipient;
3.1.2. It is open to third parties on an unrestricted basis, but Licensee have used best endeavour to ensure
that the Derived Product may only be used for the sole purpose of demonstrating the Derived
Product;
3.1.3. it is open to third parties on an unrestricted basis but only in respect of the following limited
extract:
a) all graphic images shall be in a raster format that is not geo-referenced (i.e. no lat/lon grid or
coordinates printed on the image);
b) no more than one graphical or textual extract from each Derived Product may be reproduced
and made available at any one time;
c) where third parties have access to more than one graphical extract at different times, then
Licensee shall use its best endeavours to ensure such graphical extracts cannot be copied and
seamlessly joined in order to exceed the limits stated above.
3.2. As an acknowledgment that the derived product is derived from Licensor’s products, the name of
Licensor shall appear in association with each derived product, as foreseen in clause 7 and defined
in Schedule (D).
4. Intellectual property
4.1. The Parties acknowledge that intellectual property law protects their products. The Parties will
respect the rules and regulations that are determined by law, and by this License Agreement.
4.2. Neither party waive any rights they might have under national or international intellectual
property law or any rights to seek litigation at a later stage.
4.3. Neither party shall achieve, by means of this contract and of contract law, any rights beyond those
granted under intellectual property law. In case of conflict with any other part of this License
Agreement, this clause shall prevail, and any conflicting clauses shall automatically be null and
void, including this entire License Agreement if it is determined that under intellectual property
law no permission is needed by Licensee.
4.4. The parties acknowledge that they do not intend to prevent each other continuing their current
business whilst their rights under intellectual property law are not infringed.
5. Payment
Licensee shall agree to make payments in the manner set out in Schedule (C), which form part of
this License Agreement.
6. Reporting and Payment
6.1. Licensee shall, within thirty (30) days after the last day of December of each year, make available
to Licensor a true and accurate report giving the following details on the derived products made,
used or sold by Licensee and/or Licensee’s Distributors during the preceding twelve (12) months:
6.1.1. the number of products, as listed in Schedule (B), registered as sold;
6.1.2. the net gross income for each of the products sold, as listed in Schedule (B);
6.1.3. the retail price (excl. VAT) for each of Licensee’s products as listed in Schedule (B).
License Agreement No. K091-24
6
6.2. Licensor will keep all information confidential.
6.3. Licensor shall communicate appropriate payment instructions.
6.4. During the term of this License Agreement and for a further seven (7) year’s period thereafter
Licensee shall keep full, true, and accurate books of account containing all particulars which may
be necessary for the purpose of showing the amount payable to Licensor by way of royalty fees.
6.5. Licensor reserves the right, at Licensor’s own expense, to assign a mutually acceptable
independent auditor to access Licensee’s books at all reasonable times, and with at least two
weeks advance notice, to verify Licensee’s sales figures. If an audit concludes that Licensee have
failed to account for the payment due under this License Agreement, and the amount unpaid is
more than 5% of the total payment due according to Licensee’s sales reports, Licensee shall pay
both the amount outstanding and the costs of the audit. The auditor will be bound to
confidentiality and will only report to Licensor what is relevant to conclude on the performance of
the License Agreement.
7. Acknowledgments
7.1. Licensee undertakes that derived products shall carry an acknowledgment that they are: derived
from Licensor’s products; they do not replace the need for official products, except where
explicitly stated otherwise by national laws and/or regulations; and may not be up to date.
Licensee shall incorporate this acknowledgment in the derived product in the forms and manner
determined in Schedule (D). Licensee shall also ensure that any information distributed by
Licensee or on Licensee’s behalf that promotes or describes the derived product shall include the
acknowledgment defined in Schedule (D).
8. Contracting
8.1. Licensee may contract out work for the purpose of exercising Licensee’s rights as granted by this
License Agreement. The terms of any such contract shall impose upon the contractor the
obligations below:
8.1.1. all contractors shall be subject to the same obligations to which Licensee is subject under this
License Agreement;
8.1.2. no contractor shall be given power to grant authorization for Licensor’s products or Licensee’s
product;
8.1.3. no contractor shall use Licensor’s products or Licensee’s product for any purpose other than that
for which this license is issued.
8.2. Licensor further grants Licensee’s contractors’ permission to store a single copy of Licensee’s
product for as long as it is necessary to fulfil the purpose of their contract with Licensee.
8.3. The prior written permission of Licensor is required should Licensee’s contractors wish to exceed
these rights.
9. Advertising
9.1. Licensee shall not make, or cause to be made, any inaccurate or misleading statement about the
International Hydrographic Organization (IHO), Licensor or Licensor’s products, or cause the
name of the IHO, Licensor or Licensor’s products to be used without Licensor’s consent in
Licensee’s advertisements.
9.2. Licensee shall not make, or cause to be made, any claims that the IHO or Licensor in anyway
endorses the Licensee’s derived products or that the derived products in any way carry equivalent
liability to Licensor’s products.
License Agreement No. K091-24
7
10. Warranty and Indemnity
10.1. Licensor warrants that it is entitled to grant to Licensee this permission. Licensee assumes the
sole risk of interpreting and applying Licensor’s products.
10.2. Licensee shall keep harmless and indemnify Licensor against all claims, actions, suits, damages,
liabilities, losses, charges and proceedings that Licensor may incur or be put to as a direct result
of:
10.2.1. any breach of this License Agreement by Licensee or Licensee’s sub-contractors;
10.2.2. the illicit and/or improper use by any third party of Licensor’s products or Licensee’s product
which have been supplied by Licensee. Indemnity shall not extend to cover illicit and/or improper
third-party use of Licensor’s products or the Licensee’s product where reasonable care has been
taken by Licensee to inform third parties of the limitations of this License Agreement, and to take
reasonable precautions to ensure that such third party use cannot take place;
10.2.3. any modification of Licensor’s products through Licensee’s production of Licensee’s product, to
the extent that the loss, damage or injury or portion thereof is judged attributable to that
modification;
10.2.4. Licensee use of withdrawn chart(s) for initial derivation of Licensee’s products if Licensee have
been informed by Licensor’s ENC update that the ENC has been cancelled.
10.3. Licensee shall promptly draw Licensor’s attention to any claimed defects or errors in Licensor’s
products that come to Licensee’s attention during the term of this License Agreement.
10.4. Licensor shall keep harmless and indemnify Licensee against all claims, actions, suits, damages,
liabilities, losses, charges and proceedings that Licensee may incur or be put to as a direct result
of:
10.4.1. any breach of this License Agreement by Licensor; or the illicit or/and improper use by any third
party of Licensee’s product which have been supplied by or taken from Licensor.
10.4.2. errors contained in Licensor products, or any other material supplied by Licensor. This clause
shall survive the expiration or termination of this License Agreement.
10.5. In the event of any threatened or actual suit against one or both Parties to this License Agreement,
the Parties shall promptly inform each other and shall collaboratively decide on the steps to be
taken in the circumstances. Each Party shall cooperate with the other Party in defending or
pursuing any actions or claims.
11. Force Majeure
11.1. If any party is delayed in the performance of its obligations under this License Agreement by
force majeure, this License Agreement shall remain in suspense until the cause thereof ceases.
Upon cessation of the cause of the delay, the duties and obligations imposed on both parties by
this License Agreement shall again become fully operative. However, should such delay exceed
six months, either party may give written notice of termination and this License Agreement shall
then terminate according to clause 18.
11.2. Force Majeure shall include, although not by way of limitation, strikes, lockouts, riots, sabotage,
acts of war or piracy, destruction of essential equipment by fire, explosion, storm, flood or
earthquake and delay caused by failure of power supplies or transport facilities.
12. Assignment
Licensee shall not assign this License Agreement, or any part thereof, without the consent of
Licensor first being obtained in writing. Licensee shall undertake to inform Licensor of any
change of company name, address or takeover details that pertain to this License Agreement
within ten working days of any such change.
License Agreement No. K091-24
8
13. Dispute resolution
13.1. Before resorting to any external dispute resolution mechanism, the Parties shall attempt to settle
by amicable negotiation any dispute in relation to this License Agreement. Either party may
request that the dispute be submitted to a mediator or to arbitration. Both parties must agree on
whom to use as mediator. Both parties can reject the results of the mediation.
13.2. Notwithstanding the existence of a dispute, each Party shall continue to perform its obligations
under this License Agreement, and this License Agreement cannot be terminated before the
procedure relating to the dispute has been concluded.
14. Interpretation and Amendment
14.1. This License Agreement shall be interpreted in all respects according to general principles of
international contract law, as reflected in the UNIDROIT Principles of International Commercials
Contracts and be governed according to the laws of the Republic of Estonia. Only the English
language version of this License Agreement shall be considered enforceable.
14.2. This License Agreement with its Schedules A, B, C and D constitute the entire License Agreement
between Licensor and Licensee. This License Agreement may be amended at any time, in writing,
by mutual consent of both parties. Save as otherwise provided, no modification, amendment or
translation shall be binding unless both parties agree it in writing. All prior negotiations,
representations, License Agreements and understandings are merged into, extinguished by or
completely expressed by it.
15. Variation
This License Agreement may be amended at any time, in writing, by mutual consent of Licensor
and Licensee.
16. Sole License Agreement and Non-Representation
This License Agreement constitutes the entire License Agreement between Licensor and Licensee
as to the material and products listed in Schedule (A). All prior negotiations, representations,
License Agreements, and understandings are merged into, extinguished by or completely
expressed by it.
17. Period
17.1. This License Agreement shall have effect beginning from the last date given in paragraph 23 for
three (3) years and shall be automatically renewed for consecutive three (3) year terms thereafter
unless terminated by any party, giving not less than 6 (six) months’ notice in writing to the other
party.
17.2. Licensor will not terminate or modify the License Agreement to restrict competition or to grant
any other party an unfair advantage in the sales of digital cartographic products.
18. Termination
18.1. This License agreement may be terminated at any time by mutual written consent of both
parties.
18.2. Either party may terminate this License Agreement without cause at any time upon at least 90
(ninety) days written notice to the other party.
18.3. If any party commits a material breach of this License Agreement, and the breach is not
remedied (if remediable) within 6 (six) months, the party giving the notice may terminate this
License Agreement without prejudice to any existing rights of any party against the other under
License Agreement No. K091-24
9
or arising from the terms of this License Agreement. Notice of the breach and termination shall
be sent, by e-mail to the address as given in paragraph 22 to this License Agreement.
18.4. If the Licensee does not report any sales for 3 (three) consecutive years Licensor may terminate
the agreement with 6 months’ notice.
18.5. Termination may not take place if the breaching party within 3 (three) months from the breach
has put forward a plan to remedy the breach within a certain time. The period for remedying the
breach cannot be more than 1 (one) year from the breach. If the plan is not duly adhered to,
termination can take place immediately, provided that 6 months from the receipt of the notice of
the breach by the party committing the material breach have elapsed.
18.6. Termination of this License Agreement shall, unless Licensor determines otherwise, terminate
any sub-contract, which relies for its performance on access to Licensor’s products.
18.7. In the event of the termination of this License Agreement, Licensee shall as soon as practicable
stop utilizing Licensor’s products for Licensee’s products and destroy or have destroyed all
non-essential copies of Licensor’s products, the relative portion of any derived products, and
their derivatives, that are held by Licensee or Licensee’s contractors. Essential copies of
Licensor’s products, the relative portion of any derived products and derivatives may be held by
Licensee for the sole purposes of servicing existing customers and legal reference.
18.8. If the parties at some time in the future should agree that the License Agreement no longer has
to be fully performed, or a court having jurisdiction according to this License Agreement should
reach or cause an equivalent conclusion, this License Agreement can be terminated with 6
months’ notice. The License Agreement should still be fully performed up to that time. Such a
change shall have no influence on the contractual relationship between the parties prior to that
time and there will be no question that any outstanding fees, expenses, and other obligations
arising from the License Agreement, accrued to that time, shall still be due.
19. Rights after Termination
The expiration of this License Agreement shall not relieve either party of any obligation to the
other party arising prior to the expiration date.
20. Waiver of Default
No waiver by either party of any default of the other party shall be held to be a waiver of any
other or subsequent default. The failure of either party at any time, to enforce or require
performance of any of the provisions of this License Agreement, or to exercise any right or option
provided, shall in no way be construed to be a waiver of that or any other provisions of this
License Agreement or to affect the right of such party thereafter to enforce each such provision.
21. Confidentiality
This License Agreement and any information pertaining to this License Agreement is not
confidential unless the parties have stated otherwise in this License Agreement or when supplying
the information. Any information considered confidential shall not be passed to any third party
without the express permission of both parties or as may be required by any applicable rule of
law or as expressed in the paragraph below.
Schedule B and any proprietary information disclosed by a party to the other including, but not
limited to, any of Licensee’s reports on sales, is confidential and can be handled only by
authorized personnel within Licensor who need to know and for the sole purpose of fulfilling this
License Agreement.
License Agreement No. K091-24
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22. Communication
All communications must be sent to the receiving party’s initial address set forth in paragraph 23
or forwarded to a person handling the contractual matters by media specified in section below:
Estonian Transport
Administration
Olavi Heinlo
Head Cartography Department
E-mail: olavi.heinlo@transpordiamet.ee
Orca Technologies AS
Kristian Fallro
Managing Director
Phone: +4790241806
E-mail: kristian.fallro@getorca.com
23. Domicile
Licensor has as its Domicile:
ESTONIAN TRANSPORT ADMINISTRATION
Valge 4
11413, Tallinn
ESTONIA
11413, Tallinn
Phone: +372 6201 200
Licensee has as its Domicile:
Tordenskioldgate 2,
0160, Oslo
NORWAY
Phone: +4790241806
VAT number: 924636750MVA
Signed:
for ETA for Orca Technologies AS
_________________________ _________________________
Kristjan Truu Kristian Fallro
Director, Maritime Division Managing Director
Date: Date:
License Agreement No. K091-24
11
SCHEDULE (A): Licensor’s Products
Licensor’s products shall consist of the whole collection of Licensor’s ENC’s.
With Licensor’s written permission the Licensee may use information from other nautical publications
or other publications, including any/all updates, reprints and new editions in physical or electronic form,
for which Licensor, under its responsibility, claims copyright to the extent that Licensee utilize them in
Licensee’s products as listed in Schedule B.
Licensor shall provide updates to its ENC’s by e-mail to the recipient assigned by Licensee. Updates
for all ENCs are free of charges.
License Agreement No. K091-24
12
SCHEDULE (B): Licensee’s Products
SCHEDULE UPDATED ON: 01.07.2024
Description of Licensee’s products:
The description of Licensee’s products does not imply acceptance of the quality of these products by
Licensor. Licensor will collect all royalty fees for Licensee’s products as listed in these tables.
Product: MAE Proportion Product hardware and
Packaging cost
Price ex. VAT
Orca Plus
We will be
adding more data
from other HOs
during 2024. As
of today, the
ETA proportion
is 12%
Product is sold via Apple
Store and Google Play.
Typically, there is a
commission of 15% of the
retail price, which is 49€.
That equals to 7.35€
38.22€
After
deducting 22%
of retail price
of 49€
The "Proportion administered by MAE" for each individual product above - and any new products added
to this Schedule - shall be approved by Licensor before being utilized for royalty calculations.
Unless otherwise agreed, Licensor’s acceptance of Licensee’s sales reports and royalty payment may be
considered approval of any proportions estimated by Licensee.
Licensee may add new derived products to Schedule B. Licensee shall inform Licensor of any new
products derived by Licensee within the accounting period in which they may be sold.
Should any conflict arise between the proportion administered by Licensor and that administered by any
other HO(s) for the same derived product (whereby the total proportion administered exceeds 100%),
Licensor shall liaise with said HO(s) in order to resolve such conflict and communicate any adjusted
proportions to Licensee.
Upon request, Licensee shall supply to Licensor, without charge, a copy of Licensee’s derived product,
the software used for its display, and copies of any literature associated with it. Use of this software and
the supplied data will be restricted to internal use by Licensor. Such supply is for the purpose of ensuring
compliance with the provisions of this License Agreement only and does not represent a quality assurance
in any form by Licensor.
License Agreement No. K091-24
13
SCHEDULE (C): Fees and Payment
During the term of this License Agreement, Licensee shall pay to Licensor for the following rights:
● Royalty Rights,
The following payments shall be due with respect to these rights.
1. Royalty Fee
A royalty fee shall be due for each copy of Licensee’s products, subscriptions or updates sold.
The royalty rate for each of Licensee’s products sold is defined as follows:
Formula: [(Retail Price excl. VAT) X royalty rate X Proportion administered by MAE*.
Where…
● The current Retail Price of Licensee’s products will be announced by Licensee each year.
● Cost of product hardware and packaging will be announced by Licensee each year (or at the
time of significant changes).
● The royalty rate is 30% for Licensor’s ENCs, but no less than 500 EUR annually.
* "Proportion administered by MAE" expresses the percentage value of the number of Licensor’s ENC-
s from the total number of ENC-s included in the product (as defined for each of Licensee’s products in
Schedule B).
N.B. Special note regarding the eventual incorporation of non-Licensor data into Licensee’s
derived products:
Both parties understand that Licensee may in the future derive products by incorporating data from
sources other than Licensor’s products, within or without Licensor’s prime responsibility area.
By way of example and not of limitation, Licensee may incorporate in its products data pertaining to land
and marina-based services, roads, points of interest, elevations, tourist information, commercial data, etc.
In such case the proportion of Licensor data contained in the Licensee’s product cannot be determined
by the % of Licensor-derived Megabytes of data vs. the total Megabytes of data contained in the
Licensee’s product. The proportion will be negotiated between parties and expressed in written form.
The royalty fee shall be paid following invoicing by Licensor.
License Agreement No. K091-24
14
SCHEDULE (D): Acknowledgements, Warnings and Supplementary
Information
A standard copyright acknowledgement will take the form:
‘This product is derived, in part, from the products and with the permission of the hydrographical
office(s) of Nation1, Nation2, etc in an alphabetical list, including Licensor.
If the derived product is used to assist in navigation the following warnings shall also be included:
‘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.’
‘WARNING: This product is an aid to navigation designed to facilitate the use of authorized
government electronic- and paper charts, not to replace them. Only official government charts and
notices to mariners contain all information needed for the safety of navigation.
Manner of Display
The full acknowledgement and warning(s) shall be communicated in a visible way to users of the derived
products.
Where space does not permit the full acknowledgement to be included or Licensee wish to combine this
acknowledgement with others required by other copyright holders then it can be abbreviated.
Such abbreviation is on the condition that the full acknowledgement is available in one place in
association with the derived product and any abbreviated acknowledgement contains, as a minimum, a
reference to permission being obtained from Licensor.
The warnings shall not be abbreviated or reworded without prior written approval by Licensor, which
will not unreasonably withheld.
Where technically feasible Licensee shall ensure that the acknowledgement and warning(s) are
incorporated in the derived product itself.