1.1 The Customer acknowledges that certain information and/or data delivered via “TonnEdge” data service is provided by the following third party ('Licensors'):
- Bancosta (monaco) s.a.m. provides data relating vessels technical features, shipyards, vessels' sales and prices of vessels' equipment.
All information and/or data provided by Licensors is provided without warranty of any kind and all warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law. Without limiting the effect of the foregoing, Licensors do not warrant that the information and/or data provided by it is accurate, complete, reliable, secure, useful, fit for purpose or timely or that it will be suitable for or be capable of being used by the Customer or any third party. To the maximum extent permitted by law, Licensors accept no liability or responsibility for any action taken as a result of the information and/or data provided by any Licensors and access to and use of such information and/or data shall not give rise to any duty of care or other duty of any kind between the Customer and the Licensors.
1.2 When the TonnEdge data services provided under a Data purchase include a third party data feed ('Third Party Data') the following additional terms and conditions apply and are incorporated into the Terms of Use.
(a) Customer is prohibited from:
- (i) Distributing or otherwise making any part of the data accessible in any form to any third party.
- (ii) changing or modifying any of the Third Party Data itself (e.g., changing the identity of a ship or its location) unless the Customer reasonably believes the Third Party Data to be incorrect;
- (iii) attempting to authorize, allow or cause title to the Third Party Data to pass to the Customer or any other third party;
- (iv) reverse engineering, disassembling or otherwise decompiling the Third Party Data;
- (v) removing or altering any notice of TonnEdge's Intellectual Property Rights included as part of the Third Party Data;
- (vi) use the Third Party Data in connection with building a competitive service to the Third Party Data;
- (vii) directly or indirectly impairing, disputing or contesting the ownership of the Third Party Data.
(b) Customer shall be fully liable to TonnEdge for use by any of its Users (e.g., authorized employees and consultants as applicable) of the Data in breach of the Terms of Use or these additional terms and conditions.
(a) Customer is prohibited from:
- (i) the Third Party Data and its sequence, structure and organization are the Intellectual Property Rights of TonnEdge and its Licensors;
- (ii) all Third Party Data is commercial technical data developed exclusively at private expense and that commercial license rights are asserted and provided consistent with those contained in the Terms of Use;
- (iii) the Data is not sold or transferred to the Customer (and title to Third Party Data shall not pass to the Customer);
- (iv) except as expressly provided above in the express license grant, no rights or licenses are granted, or transferred to the Customer with respect to Third Party Data or any other Intellectual Property Rights, or any other ownership rights of TonnEdge, by implication, estoppel or otherwise.
(d) Customer agrees that TonnEdge may directly audit the Customer for compliance with the Terms of Use, including these additional terms and conditions using procedures similar to those described in the Terms of Use.
(e) Customer acknowledges that Third Party Data is provided on an “as is” and “as available” basis.
(f) TonnEdge disclaims and excludes:
- (i) all warranties (express, implied or otherwise) with respect to Third Party Data, specifically including the implied warranties of merchantability, fitness for a particular purpose and noninfringement; any warranties with respect to the accuracy, reliability, availability, quality, or completeness of Third Party Data, and the success of the Customer in obtaining any particular outcome with Third Party Data;
- (ii) all of TonnEdge's liability for any damages, whether direct, indirect, incidental, or consequential, arising from the use of Third Party Data, and to the fullest extent permitted by the applicable law.
(g) If, contrary to the intent of the parties, TonnEdge is found liable to the Customer:
- (i) in no event shall TonnEdge's aggregate liability with respect to any damages, losses, liabilities, costs and expenses arising out of or relating to the Third Party Data, or any other subject matter, exceed a sum equal to the amounts paid by the Customer to TonnEdge, under the Data purchase for use of the Third Party Data for the previous one month period;
- (ii) in no event shall TonnEdge be liable for any special, indirect, incidental, exemplary, consequential or punitive damages including but not limited to lost revenue, profit, savings or business, or other economic loss, howsoever caused and regardless of whether TonnEdge was advised of the likelihood of such damages occurring.
(h) TonnEdge is not required to perform any obligation or incur any liability unless and to the extent TonnEdge agrees in writing thereto in advance.
(i) Third Party Beneficiary. TonnEdge is designated as an express third-party beneficiary of the Terms of Use to the extent that they relate to the Third Party Data.
(j) Compliance with laws. Customer shall be obliged to comply with all applicable Laws in connection with its use of Third Party Data and otherwise in connection with the exercise of its rights and performance of its obligations under the Terms of Use.