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End User License Agreement - Single User ONLY (EULA)
Reef Recon is an officially Registered Copyrighted Product 2018, the DVDs and replies to questions in the forums are copyrighted information and trade secrets that I've created and learned over 20 years of saltwater fishing along with the guides information we have over 40 years or more of information available to you to learn and enjoy your time on the water
READ THIS EULA IN IT'S ENTIRETY
IMPORTANT: CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS EULA. THIS EULA IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND PRECISION FISHING RESOURCES, LLC aka TroutSupport.com ("PRECISION FISHING") PERTAINING TO THE CARTOGRAPHIC MAP OVERLAY, TEXT, IMAGES, DIGITAL FILES AND GPS TECHNOLOGY FOR THE PRODUCTS REFERENCED ABOVE AND ANY UPDATES, UPGRADES, NEW VERSIONS, ENHANCEMENTS, FEATURES, EDITIONS OR COMPONENTS FOR SUCH ITEMS PROVIDED BY PRECISION FISHING (COLLECTIVELY, THE "MAPS" and "FISHING TRADE SECRETS") AND ANY ASSOCIATED MEDIA, MANUALS, PRINTED MATERIALS AND "ONLINE" OR OTHER ELECTRONIC OR WRITTEN DOCUMENTATION ("DOCUMENTATION").
ELECTRONIC SIGNATURE CONSENT TO THIS EULA AND ONLINE AGREEMENTS WITH PRECISION FISHING: The Maps and Documentation and other materials provided by Precision Fishing are made available to you for download or other similar digital media including but not limited to download from the official websites of Precision Fishing or its authorized distributors on the express condition that you accept, without modification, and abide by each term and condition of this EULA and the applicable sales order issued by Precision Fishing or its authorized distributors. Your access and use of the Maps and Documentation is conditioned upon your continued compliance with each term and condition of this EULA and the applicable sales order issued by Precision Fishing or its authorized distributors. Precision Fishing reserves the right to change the terms of this EULA any time by reasonable notice, including without limitation by posting revised terms on Precision Fishing's websites (which shall constitute reasonable notice), and such amended terms shall be binding upon you upon posting. By accessing the Maps and Documentation from Precision Fishing's website and, where prompted clicking "I agree" or "Click to Consent", you agree to conduct each transaction by electronic means and Precision Fishing and you hereby state that electronic signatures shall have the same force and effect as an original signatures with respect to this EULA and all written agreements entered into between you and Precision Fishing. By making such consent, each individual represents and warrants to Precision Fishing that he or she has been fully authorized by the person or entity listed on the applicable sales order issued by Precision Fishing and such person or entity will abide by all of the terms and conditions of this EULA and such sales order. YOU WILL NOT BE PERMITTED TO ACCESS AND DOWNLOAD THE MAPS AND ANY DOCUMENTATION, OR OTHERWISE INSTALL AND USE THE MAPS AND ANY ASSOCIATED DOCUMENTATION WITHOUT FIRST READING AND ACCEPTING THE TERMS AND CONDITIONS OF THIS EULA AND THE APPLICABLE SALES ORDER ISSUED BY PRECISION FISHING OR ITS AUTHORIZED DISTRIBUTORS.
1.    TERM.    This EULA is effective beginning as of either the date that you download the Maps and/or Documentation or Fishing Trade Secrets or the date of delivery of the Maps and/or Documentation, as applicable, and continues in effect unless earlier terminated in accordance with Section 8 of this EULA.
2.    NON-EXCLUSIVE LICENSE.
A.    Use .    Subject to all terms and conditions of this EULA, Precision Fishing grants to you a personal, non-transferable, non-exclusive license to load and use the Maps in a manner not inconsistent with the Documentation for your own personal or internal business purposes up to the number of copies and the edition of the Maps and the number of GPS units for which you have paid the applicable license fees under the following conditions:
(I)   Precision Fishing may issue a license key, access code or other measure to limit the number of copies or GPS units into which the Maps may be installed, and your use of the Maps shall be limited to the number of copies or GPS units designated on the applicable quote or sales order issued by Precision Fishing or its authorized distributors, and you cannot use any license key or access code to the Maps with any other GPS unit without Precision Fishing's prior consent and your payment of an administrative transfer fee for the cost of its generation of a new license key or access code;
(II)   you agree to implement a reasonable means to ensure your compliance with any limitations on use or other restriction set forth in this EULA at all times while the Maps is in use, and you agree to pay to Precision Fishing additional license fees at its then current rates for any and all uses in excess of or addition to these limitations on use;
(III)   if the Maps is provided in a bundled package or pre-installed GPS unit containing other components and features available from Precision Fishing or its authorized distributors, then you shall only use those components and features of the Maps for which you have paid the applicable license fees or which are made available at no charge, and any use of components or features absent a license key or access code is prohibited;
(IV)   you must not disable or circumvent the license key or other access codes or restrictions contained in the Maps or Documentation, and you must not share Map files, tracks or waypoints or Documentation with others after importing the Maps into your GPS unit or otherwise export the imported Maps to another media or GPS unit alone or as part of your personal waypoints or tracks; and
(V)   you may make and store one copy of the Maps and one copy of the Documentation in an electronic media for backup or archival purposes only.
(IV)   you must not paraphrase, generalize, or simplify the ideas or trade secrets, nor share them individually or through dissemination; you will not take an idea and use it then publish it as your own idea or video or text, nor will you share the idea. You will not disable or circumvent the login or other access codes or restrictions contained in the forum discussions, and you must not share digital video files, text, emails, images, ideas, or documentation with others after registration for perpetuity. You agree that you will not share the ideas or trade secrets with anyone either in person or digitally, and if you do and are caught either individually or as a acting part to assisting in the delivery of the ideas or trade secrets to others you agree to and will compensate Precision Fishing in a manner equivalent to that of disseminating business trade secrets.
B.    Definition of "Use."    A copy of the Maps is "in use" in a GPS unit or on a chip when it is loaded into the temporary memory (i.e., RAM) or is installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that GPS unit or chip. Use of the information or ideas in the premium forum is applying the material on the water in your individual pursuit of angling or boating. Use of the Premium Member Forum does not include the right or allowance to use the information on other forums, social media, messaging applications, either whole or in part.
C.    Reserved Rights.    No additional or different rights are granted to you, either expressly or by implication. Precision Fishing retains all rights not expressly granted to you, and nothing in this EULA constitutes a waiver of Precision Fishing's rights under copyright laws or any other federal or state law or treaty.
3.    COPYRIGHT/TRADEMARKS: The Maps and Documentation are copyrighted works of authorship protected by United States copyright laws and international treaty provisions. All right, title and interest in and to the Maps, the Documentation and all related copyrights are and remain owned solely and exclusively by Precision Fishing. You agree to use best efforts and take all reasonable steps to protect Maps and Documentation from unauthorized use, illegal reproduction or illicit distribution. This EULA and any license granted hereunder shall not constitute a sale of the Maps and Documentation (or any copies thereof) and you shall not receive title to the Maps and Documentation, or the media and any copies of the Maps and Documentation delivered to or made by you, or any intellectual property rights therein. The Maps and Documentation may contain publicly available data obtained from government sources or scientific data in the public domain and Precision Fishing makes no claim of copyright ownership to those public domain materials other than its original selection, coordination or arrangement thereof shown in the Maps and Documentation.
4.    OTHER RESTRICTIONS: You may not alter, modify, translate, port or create derivative works of the Maps, Map Documentation, or the fishing trade secrets. You are expressly prohibited from disclosing or sharing with others, selling, renting, leasing, loaning, outsourcing, using in a service bureau environment or otherwise commercially or non commercially exploiting the Maps and/or Documentation in any way. You will not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Maps and/or Documentation. You are not authorized to use the Maps for comparison with, or benchmarking against, similar maps. Any modifications, improvements, enhancements, alterations, customizations or derivative works of the Maps, whether authorized or not, made by you or a third party shall be the sole and exclusive property of Precision Fishing and you hereby assign all of your right, title and interest therein to Precision Fishing, You hereby grant Precision Fishing, its authorized reseller and/or their respective agent the right to audit your use of the Maps and Documentation pursuant to this EULA and all books and financial records related to such use. If so requested by Precision Fishing or its authorized reseller, you will conduct a self-audit of your use of the Maps and Documentation, provide such audit results to Precision Fishing or its authorized distributor, and certify in writing to Precision Fishing or its authorized distributor your compliance with this EULA. You may not combine or distribute the Maps or any derivative work thereof with Open Source Software (as defined below) or with software developed using Open Source Software (e.g., tools) in a manner that subjects Precision Fishing or any portion of the Maps provided by Precision Fishing or its authorized distributors hereunder or any derivative work thereof to any license obligations of such Open Source Software. "Open Source Software" means any digital files or software licensed under terms requiring that other files or software combined or distributed with such files or software: (I) be disclosed or distributed in source code form; or (II) be licensed on terms inconsistent with the terms of this EULA.
5.    TRADE SECRETS/LIMITED ACCESS: The Maps, Map Documentation, and Fishing Trade secrets from the Premium Forum embody proprietary technology and valuable trade secrets of Precision Fishing, which are vital to the business of Precision Fishing and whose value depends upon them not being generally known. You agree to hold the Maps, Documentation, and Fishing Trade Secrets in confidence and take all necessary steps to ensure that access to any portion of the Maps, Documentation, or Fishing Trade Secrets, is not provided to any person or entity other than you and your bona fide employees who reasonably require such access to enable you to use the Maps, Documentation, or Fishing Trade Secrets subject to this EULA. You shall be responsible and liable for any and all use or misuse of the Maps, Documentation, and Fishing Trade Secrets and any breach of this EULA caused by your employees or any other person to whom you or your employees disclose the Maps, Documentation, or the Fishing Trade Secrets.
6.    NO REVERSE ENGINEERING OR TRANSMISSION: You may not disassemble, decompile, reverse engineer or otherwise create a product that is similar to the Maps or Fishing Trade Secrets, including any original features, selection, coordination or arrangement thereof, or request or authorize any other person or entity to do so for any reasons whatsoever. You agree not to electronically, optically or otherwise transmit, broadcast, transfer, or disseminate any portion of the Maps, Documentation, or the Fishing Trade Secrets over any public or private computer (either local, wide area or otherwise), telephone network or other mode or channel of communication except where expressly provided in the Documentation, or as otherwise expressly authorized by Precision Fishing in writing.
7.    DISCLAIMER ON NAVIGATION USES: YOU ACKNOWLEDGE THAT THE MAPS and FISHING TRADE SECRETS IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS, NAVIGATION OR CONTROL OF VESSELS OR VEHICLES, OR IN ANY OTHER HIGH RISK OR IN LIFE-CRITICAL OR MISSION CRITICAL APPLICATION OR SOLUTION (I.E. ONE WHOSE FUNCTIONING, FAILURE, MALFUNCTIONING OR INABILITY TO FUNCTION AS INTENDED POSES A RISK OF DEATH, BODILY INJURY OR SUBSTANTIAL PROPERTY DAMAGE ) AND YOU AGREE NOT TO USE OR PERMIT USE OF THE MAPS OR FISHING TRADE SECRETS IN ANY SUCH ENVIRONMENT, APPLICATION OR SOLUTION. YOU ASSUME ALL LIABILITY FOR OPERATION OR NAVIGATION OF ANY VESSELS OR VEHICLES USING THE MAPS, DOCUMENTATION, OR FISHING TRADE SECRETS AND ALL ASSOCIATED RISKS.
8.    TERMINATION: You may terminate this EULA, by giving Precision Fishing and its authorized distributor thirty (30) days prior written notice. This EULA also will terminate automatically (I) if you fail to comply with any term or condition of this EULA or (II) if the length of time permitted for your use of the Maps under the applicable sales order expires. If either party goes into receivership, bankruptcy, or insolvency, or makes an assignment for the benefit of creditors, or ceases business operations, this EULA shall be immediately terminable by the other party by written notice, but without prejudice to any rights of the terminating party hereunder, such termination to be effective as of one (1) day prior to such event. Immediately upon any termination of this EULA for any reason, the license granted under paragraph 2 above terminates, and all rights thereunder revert in their entirety to Precision Fishing, its successors and assigns. You agree upon termination to immediately return or destroy all copies of the Maps, Documentation, and Fishing Trade secrets and upon request to certify your return or destruction of the Maps, Documentation, and Fishing Trade Secrets to Precision Fishing.
9.    DISCLAIMER OF WARRANTY: THE MAPS, DOCUMENTATION, AND FISHING TRADE SECRETS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU, THE END USER. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR AGAINST INFRINGEMENT WITH RESPECT TO THE MAPS AND DOCUMENTATION. THERE IS NO WARRANTY THAT THE MAPS OR THE DOCUMENTATION WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THERE IS NO IMPLIED WARRANTY OF BENEFIT FOR THE ORDINARY PURPOSES TO WHICH SUCH MAPS OR DOCUMENTATION ARE USED. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE MAPS WILL CONTINUOUSLY OPERATE OR BE ERROR FREE OR THAT ANY PROBLEMS WILL BE CORRECTED. SHOULD THE MAPS OR ANY OF ITS COMPONENTS PROVE DEFECTIVE OR INADEQUATE IN ANY RESPECT, YOU (AND NOT PRECISION FISHING OR ITS AFFILIATES OR REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. FURTHER, PRECISION FISHING DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE MAPS IN TERMS OF ITS ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE MAPS AND ITS PERFORMANCE SOLELY AT YOUR OWN RISK. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY PRECISION FISHING'S FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. PRECISION FISHING IS NOT LIABLE OR RESPONSIBLE (EITHER JOINTLY OR SEVERALLY) FOR ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR OTHER COVENANTS MADE BY ANY AUTHORIZED DISTRIBUTOR OF PRECISION FISHING IN ADDITION TO OR CONFLICT WITH THE FOREGOING WARRANTIES, AND YOU AGREE TO HOLD SUCH DISTRIBUTOR SOLELY RESPONSIBLE AND LIABLE FOR ANY PERFORMANCE OR NON-PERFORMANCE OF SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES OR OTHER COVENANTS.
10.    LIMITATION OF LIABILITY: NEITHER PRECISION FISHING NOR ANY OTHER PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE MAPS, THE DOCUMENTATION, OR ANY OF ITS COMPONENTS SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOST SAVINGS, LOSS OF DATA, COMMERCIAL LOSS, OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE THE MAPS, THE DOCUMENTATION OR ANY OF ITS COMPONENTS EVEN IF PRECISION FISHING OR OTHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM AND EVEN IF THE REMEDIES PROVIDED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT WILL PRECISION FISHING'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID TO PRECISION FISHING BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11.    INDEMNIFICATION. You will indemnify and hold harmless, and upon request defend, Precision Fishing, its, officers, directors, agents, affiliates, distributors and employees from any and all losses, damages, costs, or other expenses incurred by such indemnified parties (including court costs and attorneys' fees) to the extent arising out of any and all uses or misuses of the Maps and the Documentation and any breach of this EULA caused by you, your employees or any other person to whom you or your employees disclose the Maps, Documentation, Or Fishing Trade Secrets.
12.    COMPLIANCE: You will be responsible for compliance with all applicable laws, rules regulations, order and ordinances of the United States of America and in any other nation, province, or city with jurisdiction over you or your activities using the Maps and Documentation under this EULA. Without limitation to the foregoing, you agree to comply with all applicable export/import control laws and with any regulations issued from time to time by the United States Department of Commerce, or such other United States or international governmental entity that may have jurisdiction over the exporting, importing, and re-exporting of the Maps and Documentation. You further agree that the Maps and Documentation will not be acquired, shipped, transferred or exported, directly or indirectly, into any country or person prohibited by the United States Export Administration Act and the regulations thereunder, or will be used for any purpose prohibited thereby.
13.    INTERNATIONAL USERS: This EULA has been written in the English language. You waive any rights that you may have under the laws of your country for this EULA to be written in the language of that country.
14.    EQUITABLE REMEDIES: You hereby agree that, if the terms of this EULA are not specifically enforced, Precision Fishing will be irreparably damaged, and therefore you agree that Precision Fishing shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any breach(es) of this EULA, in addition to any other remedies available at law or in equity.
15.    NO SUPPORT SERVICES: Precision Fishing shall not be obligated to provide any updates, patches, upgrades or new or revised versions of the Maps or Documentation and any support services therefor under this EULA at any time after purchase or download.
16.    GOVERNING LAW AND VENUE: This EULA shall be governed by the laws of the State of Texas, without regard to choice of law principles, and the applicable federal laws and international treaties of the United States of America. This EULA shall inure to the benefit of Precision Fishing, its successors and assigns. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This EULA, which is in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You irrevocably consent to exclusive personal jurisdiction with respect to any and all disputes, controversy or claims arising out of or relating to this EULA or to a breach hereof, including its interpretation, performance or termination, being in the courts of competent jurisdiction located in Austin, Texas, U.S.A., which shall be the exclusive forum for resolving all such disputes.
17.    ASSIGNMENT. The licenses granted under this EULA are personal and non-transferrable. You may not assign this EULA in whole or in part without the prior written consent of Precision Fishing and any attempted assignment in violation thereof (whether voluntary or involuntary, by operation of law, merger, reorganization, change of control or otherwise) is void. Precision Fishing may assign its rights under this EULA in whole or in part without your prior written consent.
18.    MISCELLANEOUS: The parties agree that the terms and conditions of this EULA shall prevail notwithstanding contrary or additional terms in any purchase order, sales acknowledgment, confirmation or any other document issued by you. If any provision of this EULA is held to be illegal, invalid, or unenforceable then that provision shall be fully severable from this EULA and shall not affect the legality, validity or enforceability of the remaining provisions of this EULA. Precision Fishing reserves the right, in its sole discretion and at any time: (I) to modify or discontinue the Maps; (II) to limit, terminate or suspend your use of the Maps; (III) assess charges for the use of the Maps (or features thereof) in the future; or (iv) to make changes to this EULA by providing you with the terms to be added or modified and you shall have the right to terminate this EULA if you choose not to accept those terms, as modified, pursuant to Section 8 hereof. Failure of Precision Fishing to enforce any of the terms or conditions of this EULA, unless waived in writing, shall not constitute a waiver of Precision Fishing's right to enforce each and every term and condition of this Agreement.
19.    ACKNOWLEDGMENT: BY DOWNLOADING AND INSTALLING THE MAPS OR USING THE MAPS, DOCUMENTATION, OR FISHING TRADE SECRETS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER REPRESENT AND ACKNOWLEDGE THAT THERE ARE NO BENEFICIARIES OTHER THAN YOURSELF UNDER THIS EULA. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS EULA REFLECT AN INFORMED, VOLUNTARY ALLOCATION BETWEEN YOU AND PRECISION FISHING OF THE RISKS (BOTH KNOWN AND UNKNOWN) ASSOCIATED WITH THE TRANSACTION CONTEMPLATED BY THIS EULA AND THAT THE LIMITATIONS AND DISCLAIMERS RELATED TO WARRANTIES AND LIABILITY CONTAINED IN THIS EULA ARE INTENDED TO LIMIT THE CIRCUMSTANCES AND EXTENT OF LIABILITY. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF EULA BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS EULA.
Accept Terms below.