EULA – Ts&Cs

Current Version: 2021-01-02

This application End User License Agreement (the “EULA”) is a legal agreement by and between NavStation LLC (hereinafter, “NavStation”) and you (“You” or “Your”) concerning Your use of the NavStation website located at https://navstation.net (the “Website”) and the MacENC / MacENCx64 Apple  PC application (the “Application”) and the services available through the Website and Application (the “Services”). By downloading, installing and otherwise using the Website and/or Application, You represent and warrant that You have read and understand, and agree to be bound by the terms of this EULA and NavStation Privacy Policy, which is incorporated herein by reference and made part of this EULA. IF YOU DO NOT UNDERSTAND THIS EULA, OR DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SERVICES.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

You consent that NavStation may collect and use of certain information about You, as specified in the Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

License

Subject to Your compliance with this EULA, NavStation herby grants You a limited non-transferable, non-sublicensable, non-exclusive, revocable license to use the Services through the Website or by downloading and installing our Application. NavStation reserves all rights not expressly granted by this EULA and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with NavStation. When accessing the Services through the Application that were downloaded from an app store or app distribution platform, such as the Apple App Store, FastSpring, or Google Play, (the “App Provider”), You acknowledge and agree that: (a) this EULA are concluded between us, and not with the App Provider, and that we are solely responsible for the Application (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Application; (c) in the event of any failure of the Application to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Application to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Application, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any Third-Party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any Third-Party claim that the Application or your possession and use of that Application infringes that Third-Party”s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA; (f) the App Provider, and its subsidiaries, are Third-Party beneficiaries of this EULA as it relates to your license of the Application, and that, upon your acceptance of the terms and conditions of this EULA, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA as related to your license of the Application against you as a Third-Party beneficiary thereof; and (g) you must also comply with all applicable Third-Party terms of service when using the Application.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

You agree to use the Services at Your sole risk and that the NavStation shall not have any liability to You .

NAVSTATION DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS OR RELIABILITY OF ANY THIRD-PARTY INFORMATION OR CONTENT POSTED ON THE SERVICES.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or NavStation LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting NavStation LLC customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide NavStation LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize NavStation LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, NavStation LLC may choose to issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

NavStation LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

NavStation LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Software sales are refundable within 30 days of purchase.

For retail product sales we use Amazon for fulfillment and payment services. We adopt the Amazon Return Policy in its entirety.  

Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this EULA, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.

NavStation LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of NavStation LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Eligibility

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE ACCEPTING THIS EULA ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN “ENTITY”) AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS EULA.

Intellectual Property

1. Software

Rights to Services. You acknowledge and agree that the Services and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of NavStation. Furthermore, You acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of NavStation and its affiliates, licensors and suppliers. Except as expressly stated in this EULA, You are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this EULA are hereby reserved and retained by NavStation.

1. Third-Party Software.

The Services may utilize or include Third-Party software that is subject to open source and third-party license terms (“Third-Party Software”). You acknowledge and agree that Your right to use such Third-Party Software as part of the Services is subject to and governed by the terms and conditions of the open source or Third-Party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this EULA and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses shall control with regard to Your use of relevant Third-Party Software. In no event shall the Services or components thereof be deemed to be “open source” or “publicly available” software.

1. Trademarks

NavStation, NavStation.com and the NavStation logo (collectively, the” NavStation Marks”) are trademarks or registered trademarks of NavStation LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the Services may be the trademarks of third parties. Neither Your use of the Services nor this EULA grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the NavStation Marks or any Third-Party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the NavStation Marks generated as a result of Your use of the Services will inure to the benefit of NavStation LLC. and You agree to assign, and hereby do assign, all such goodwill to NavStation LLC. You shall not at any time, nor shall You assist others to, challenge NavStation right, title, or interest in or to, or the validity of, the NavStation marks.

Links To Other Web Sites

Our Service may contain links to Third-Party web sites or services that are not owned or controlled by NavStation LLC.

NavStation LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Third-Party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that NavStation LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any Third-Party web sites or services that you visit.

Prohibited Uses

NavStation imposes certain restrictions on Your use of the Services. You represent and warrant that you will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to NavStation or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while, using the Website and Services, use “ad blocking” software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about NavStation users, including email addresses and phone numbers; (g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding” “spamming,” “mail bombing,” or “crashing”; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the NavStation Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this EULA.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of this EULA which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless NavStation LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of this EULA, or c) Content posted on the Service.

Limitation Of Liability

In no event shall NavStation LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any Third-Party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

NavStation LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

This EULA shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of EULA will not be considered a waiver of those rights. If any provision of this EULA is held to be invalid or unenforceable by a court, the remaining provisions of this EULA will remain in effect. This EULA constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace this EULA at any time upon notice to you by posting a new version on the services. You are responsible for periodically reviewing this EULA to ensure that you are familiar with the most receive version.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about this EULA, please contact us.