CSW Software Terms of Use

1.     Service Profile

This Agreement applies to all services you use from CSW ("Services"), through which you can purchase and use. CSW or third parties may provide content through services. Depending on the availability of the content and services, you can obtain and use our services in your country or place of residence ("Country of residence"). In order to use our services, you need to have compatible hardware, software (it is recommended to use the latest version, sometimes the latest version must be used) and Internet access (there may be fees). The performance of our services may be affected by these factors.

2.     Use Our Services

2.1. Transaction

You can get free or paid content through our services. For any paid transaction, CSW will charge through your payment methods (such as Alipay, WeChat payment, Paypal), including related taxes and fees. If we are unable to charge through your payment method for any reason (such as due or insufficient funds), you are still responsible for paying any uncollected amount, and we will try to charge through your payment method when you may update the payment method information. CSW can update the information about your payment method according to the information submitted by the financial institution involved in your payment method according to the local law. All transactions are final. Content prices may change at any time. If the delivery of the content is hindered or unreasonably delayed due to technical problems, the only solution is for CSW to decide to replace the content or refund the paid amount. CSW may refuse the refund request from time to time if there is evidence that the customer has fraud, abuse of refund or other manipulation behaviors that CSW has the right to file corresponding counterclaims.

2.2. Privacy Right

To use our services shall comply with the CSW Privacy Agreement. Please refer to the link for the Privacy Agreement

http://www.hmmsk.cn/en/plus/list.php?tid=41

When using the services and content, you must comply with the rules listed in this section ("Rules of use"). Any other use of the services and content constitutes a material breach of this agreement. CSW can monitor your use of services and content to ensure that you comply with these Rules of use.

2.3. All Services

- CSW's delivery of services or content does not mean the transfer of any use right of commercial or promotional to you, nor does it constitute the grant or waiver of any right of the copyright owner.

- It is prohibited to manipulate the playback quantity, download, rating or comments in any way, such as using robots, scripts or automated processes; Or provide or accept any form of remuneration or reward.

- You must not undermine or circumvent any security technology contained in the service。

- You can only use CSW software to access our services, and you are not allowed to modify or use the modified CSW software.

2.4. Download

The amount of content you can download may be limited, and some downloaded content may expire after d a certain time after the first time to use it.

You can redownload previously acquired content ("redownload") on the device logged in with the same ID ("associated device"). If our service no longer provides relevant content, it cannot be downloaded again.

3.     You submit content to our service (related to CSW-TAS)

You can submit or publish materials to our services, such as comments, pictures, etc. You must comply with the following submission guidelines that can be updated from time to time when using these functions. You hereby grant CSW a worldwide, royalty free, permanent and non exclusive license to allow CSW to use the content and relevant promotion materials submitted in the service and for internal purposes of CSW. CSW can monitor and decide to remove or edit any submitted material.

Submission Guidelines: Do not use services for:

-Release any material that you release without permission, authority or permission, or that infringes the rights of any third party;

-Release offensive, illegal, deceptive, inaccurate or harmful content;

-Release personal, private or confidential information belonging to others;

-Posing or pretending to be associated with another person or company;

-Release or transmitting spam information, including but not limited to unsolicited or unauthorized advertising, promotional materials or information announcements;

-Release, modify or delete ratings or comments in exchange for any form of remuneration or reward;

-Release false ratings or comments;

-Planning or engaging in any illegal, fraudulent or manipulative action.

4.     Personalized recommendation function (related to CSW-TAS)

The service may recommend content to you based on your downloads, purchases, and other activities.

Some recommended features may require your license to enable. If you enable these functions, you need to authorize CSW to collect and store specific data, including but not limited to data related to your equipment activity, location and used data. Please read the relevant information carefully when opening these functions.

5.     Additional provisions on certain content obtained from third parties

Some contents provided in some services are obtained by you from the third-party supplier (for example, the supplier of ENC data in CSW-NAV is from UKHO). In this case, CSW is the agent of the content provider of these content, so CSW is not a party to the transaction between you and the third-party provider. However, this content must be licensed by a third-party supplier. Third party suppliers reserve the right to enforce the terms of use related to this content. The content provider shall be solely responsible for the content, any warranties not excluded, and any claims made by you or any other party in connection with the content. See the terms of use of specific third-party suppliers in part II of these terms for details

6.     Other terms applicable to all services

6.1. Contract change

CSW reserves the right to amend this agreement at any time and add new or additional terms or conditions on your use of the services. The foregoing modifications and additional terms and conditions will be notified to you. If you accept them, they will take effect immediately and become a part of this agreement. Your continued use of the service will be deemed as acceptance of these modifications and additional terms and conditions. If you refuse to accept the change, CSW will have the right to terminate this agreement.

6.2. Third party information

CSW is not responsible for third-party materials contained in the content or services or inserted as links.

6.3. Intellectual Property

You agree that the services (including but not limited to content, pictures, user interfaces, sound materials, video materials, scripts and software used to edit content and install services) contain proprietary information and materials owned by CSW and / or its licensors, and are protected by applicable intellectual property laws and other laws (including but not limited to copyright laws). You agree not to use these proprietary information or materials in any way, except for the use of the services under this agreement. No part of the services may be reproduced in any form or by any means except as expressly permitted by this agreement. You agree not to modify, rent, lease, sell or distribute the service or content in any way, and you shall not use the service in any way not expressly authorized.

CSW name, CSW logo and other CSW trademarks, service trademarks, graphics and logos used in connection with services are trademarks or registered trademarks of CSW in China and other countries / regions in the world. You have not been granted any right or license to use any of the above trademarks.

6.4. Copyright

Unless otherwise specified, the services and contents provided by CSW are copyrighted by CSW Co., Ltd. and its subsidiaries.

If you believe that any content provided through the service infringes your claimed copyright, please contact us: cust@CSW.net

6.5. Termination and suspension of services

If you fail to comply or CSW suspects that you fail to comply with any provision of this agreement, CSW may terminate this Agreement without notice to you, and as of and including the date of termination, you will still be responsible for all payables arising from your use of CSW services; And terminate your software license; And prevent you from accessing the service.

CSW further reserves the right to modify, suspend or stop the service (or any part or content thereof) at any time, whether you are notified or not. If CSW exercises such rights, CSW will not be liable to you or any third party. Where feasible, CSW will warn you in advance of the modification, suspension or stop of the service. The termination of the service will not affect the content you have obtained. However, you may not be able to authorize other computers to use the content.

6.6. Disclaimers Limitation of liability

CSW does not guarantee, represent or warrant that your use of the service will not be interrupted or errors occur. You agree that CSW may withdraw the service indefinitely, cancel the service at any time or otherwise restrict or prohibit your access to the service from time to time without notice to you.

You expressly agree that you and your company shall bear the risk of whether you can use the service. The service and all contents delivered to you through the service (except those expressly stated by CSW) are provided for your use on the principle of "as is" and "as is", without any kind of express or implied warranty, including all implied warranties of merchantability, fitness for a particular purpose, ownership and non infringement. Since some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.

In no event shall CSW, its directors, officers, employees, affiliates, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of any services, even if they have been informed of the possibility, Or any other claim related to your use of the service and / or content in any aspect, including but not limited to any error or omission in any content, any loss or damage of any kind arising from the use of any content posted, transmitted or otherwise provided through the service. Since some countries, states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, CSW's liability shall be limited to the extent permitted by law in these countries, states or jurisdictions.

CSW shall make reasonable efforts to protect the information about the service you submit, but you agree that the risk of the information you submit shall be borne by you. You hereby exempt CSW from any liability to you in any way for any loss or liability related to these information.

CSW does not declare or guarantee that the service will not be lost, damaged, attacked, virus, interference, hacker intrusion or other security intrusion, and you hereby exempt CSW from any responsibility related thereto. You are responsible for backing up your own system, including any content obtained through the service.

CSW does not assume any responsibility for the relevant data costs that may arise from your use of the service.

6.7. Exemption and compensation

By using the services, you agree to indemnify and hold CSW, its directors, officers, employees, affiliates, agents, contractors and licensors harmless to the extent permitted by law for the following reasons: your breach of this agreement, your use of the services, any action taken by CSW when investigating suspected violations of this agreement Or any claim arising from CSW's discovery or determination that a violation of this agreement has occurred. If CSW decides to remove or refuse to process any information or content, give you a warning, suspend or terminate your access to the service, or take any other action in the investigation of suspected violations, or CSW determines that a violation of this agreement has occurred, resulting in any damage, you agree that you will not sue CSW, its directors, officers, employees, affiliates Agent, contractor and Licensor, or obtain any damages from the above parties. This waiver and indemnity shall apply to all violations described or proposed in this agreement.

6.8. Applicable law

Unless otherwise specified in the following paragraphs, this Agreement and the relationship between you and CSW, as well as all service transactions, shall apply to China's network law and data protection law, but shall not apply to their conflict of laws provisions. You and CSW agree that in case of any dispute or claim arising from this agreement, they shall be subject to the personal and exclusive jurisdiction located in China. If (a)you are not a Chinese citizen (b)You do not live in China (c)You do not obtain services from China; And (d)you are a citizen of one of the following countries. You hereby agree that any dispute or claim arising from this Agreement shall apply to the following applicable laws, but not to their conflict of laws provisions, and you hereby irrevocably submit to the non exclusive jurisdiction of the courts of the following regions or countries and apply the local laws:

If you are a citizen of any EU country or Switzerland, Norway or Iceland, the applicable law and venue shall be the law and court of your habitual residence.

6.9. Other provisions

This Agreement constitutes the entire agreement between you and CSW, applies to your use of the service, and replaces any previous agreement on the same subject between you and CSW. You may also be subject to additional terms and conditions when you use affiliate services, third-party content, third-party software or other services, such as volume purchase plans. If any part of this agreement is determined to be invalid or unenforceable, that part shall be interpreted in a manner consistent with applicable law to reflect the original intention of the parties as much as possible, and the rest shall remain in full force and effect. CSW's failure to enforce any rights or provisions in this Agreement does not constitute a waiver of these or any other provisions. CSW shall not be liable for non performance of obligations caused by reasons beyond its control.

You agree to abide by the laws, statutes, decrees and regulations of all regions and countries applicable to your use of the services. You may also need to comply with other laws when using the service. The risk of loss of all transactions delivered electronically is transferred to the purchaser upon electronic transmission to the recipient. No employee or agent of CSW has the right to change this agreement.

CSW may send you a notice about the service by sending an email to your email address, mailing a letter to your mailing address, or posting a notice on the service. The notice shall take effect immediately. CSW may also send you other information about the service via email or push notification.

You hereby authorize CSW to take such measures as CSW deems reasonably necessary or appropriate to implement and / or verify compliance with any part of this agreement. You agree that CSW has the right to report to law enforcement agencies Government officials and / or third parties disclose any information and / or information that they think is reasonably necessary or appropriate for the implementation and / or verification of compliance with any part of this Agreement (including but not limited to CSW's response to any legal proceedings related to your use of the service and / or content and / or your claim that your use of the service and / or content is illegal and / or infringes the rights of third parties) The right to cooperate) without being responsible to you.