WEBSITE TERMS OF USE

WELCOME

Welcome to www.chesapeaketech.com. In these Terms and Conditions of Use (the “Terms”), “user,” “you” and “your” refer to any person accessing our site or any service or software related to our site (the “Services” and “Software”).

“Chesapeake Technology,” “CTI,” “we,” “us,” and “our” refer to Chesapeake Technology, Inc., a California corporation, and may also include our affiliates (such as our licensors, licensees, and business partners) and our officers, directors, employees, consultants, shareholders, agents, and representatives.

TERMS

By accessing our site, Services, or Software, or by registering with us (to, for example, download a free trial of our Software), you are agreeing to be bound by these Terms.

If you do not agree with any part of these Terms, you are prohibited from using or accessing the site, Services, or Software and will not be able to register.

FEATURES OF OUR SITE

CTI provides various services, information, and products related to sonar mapping and data management. Our site provides users a place to access webinars, tutorials, information about our products and services, free Software trials for evaluation purposes, and other content and resources, and to exchange information.

We may change, suspend or discontinue any aspect of our site, Services, or Software at any time, including the availability of any particular feature or content. We may also impose limits on certain features or restrict access without notice or liability.

In addition, when using a particular feature of the site, Services, or Software, you may be subject to additional applicable terms (such as our End User License Agreement for our Software). All such additional terms are incorporated by reference into these Terms. We may have other offerings from time to time that are governed by different terms of use.

Unless expressly stated otherwise, any new features that augment or enhance CTI’s current Services, site, or Software shall be subject to this Agreement.

THIS SITE’S CONTENT IS STRICTLY FOR INFORMATIONAL PURPOSES

We make available through our site a variety of information regarding sonar mapping and data management. Any information provided by any party other than CTI reflects that party’s own views, and not those of CTI. The information CTI provides through our site is not intended to be definitive advice to you, or to apply to all situations, or to serve as a substitute for your taking into account all factors about your particular project and its site conditions.

Similarly, for example, the presence of particular content posted on the site by a third party does not indicate our approval or endorsement of such content. We encourage you to become familiar with such third party content. Your use of our site, Services, or Software, and information or content related to them or materials linked to the site, is entirely at your own risk and they are subject to the “Disclaimer” immediately below.

DISCLAIMER

THIS SITE, THE SERVICES, AND THE SOFTWARE ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR COMPLETENESS, LIKELY RESULTS, OR RELIABILITY OF THEM OR MATERIALS ON ANY SITES LINKED TO THIS SITE.

LINKS TO OTHER WEB SITES

This site contains links to other web sites, such as social media sites and sites of our advertisers and strategic partners. While we encourage your appropriate interaction with linked sites, we do not review their content or management, and we are not responsible for them. Our inclusion of any linked site does not mean we endorse it and your interaction with any such site is at your sole risk.

OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY RIGHTS

Unless otherwise expressly noted, all information, text, images, illustrations, designs, graphics, icons, photographs, video, sound clips, software, and any other materials that are related to our site are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Chesapeake Technology, Inc. (or used in accordance with “fair use” principles). Our site is protected by copyright and trade dress, all worldwide right, title and interest in is owned by CTI.

All content is subject to the following copyright notice: Copyright © 2018 Chesapeake Technology, Inc. All rights reserved.

The trademarks owned by CTI include without limitation: Chesapeake Technology, SonarWiz (by itself and in combination with other words or numbers), Office Post-Processing Suite, Data Acquisition Suite, Does It All Suite, Field Suite, Field & Office Suite, NMEAWiz, ImageToSEGY, SonarWiz Shuttle and design marks displayed in connection with the site, Services, or Software.

Other trademarks displayed are the intellectual property of their respective owners.

YOUR LIMITED LICENSE TO ACCESS AND USE THIS SITE

By accessing this site, you are granted a limited, non-transferable license to access/view the site’s content for as long as you are accessing this site. However, if you post a link to this site on another website that is linked to our site, you are inevitably sharing our site’s content on external portals. We hereby grant you a limited, temporary, and non-transferable use license solely to share our site’s content on external portals or other means of digital communication with your understanding that such content, after it is shared, (a) is still covered by its applicable trademark and/or copyright laws, (b) is shared in an unmodified manner, (c) is not shared in a defamatory context or where it could be interpreted as such, and (d) contains a direct link back to the content it represents on this site.

If you download Software, the Software, including all files and images contained in or generated by the Software, and accompanying data are deemed to be licensed to you by us, for your personal use only. This license is granted under the terms of a standalone End User License Agreement between you and Chesapeake Technology, Inc. We retain full title and intellectual property rights to the Software. You may not sell, redistribute, or reproduce the Software, nor may you reverse-engineer or otherwise convert the Software to human-perceivable form. We and our licensors own all trademarks and you may not copy or use them in any manner.

SUBMISSIONS

We may offer opportunities for users to submit content to CTI. Unless otherwise expressly provided in writing on our site, Website Privacy Policy, or in a standalone written agreement between CTI and you, if you send or submit to CTI any message, comment, or content in whatever form (“Submission”), it shall become CTI’s exclusive property, not be subject to any confidentiality obligation on our part, and CTI shall have no liability for any use or disclosure of any Submission.

We will have sole and exclusive ownership of all existing and future rights to the Submission worldwide and may use the Submission for any purpose in our sole discretion, without compensating any party. You warrant that you own or otherwise control all rights to the Submission and that the posting and use of the Submission by us will not infringe any rights of any third party. Additionally, you warrant that any moral rights in the Submission have been waived.

You agree that we may publish or otherwise disclose your name (to the extent you have posted your name or user name) in connection with your Submissions.

CTI does not endorse, sanction or verify, and specifically disclaim responsibility or liability for, any Submissions. We have no obligation to respond to any Submissions, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users on the site.

INAPPROPRIATE SUBMISSIONS

You agree not to upload or otherwise distribute any Submissions that (a) are libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) violate any law or regulation; or (c) advertise or otherwise solicit funds for goods or services. We reserve the right to terminate your distribution of any such material and, if applicable, delete any such material from our servers. We will cooperate fully with law enforcement agencies in the investigation of any violation of these Terms or of any applicable laws.

PROHIBITED ACTIVITIES

We impose restrictions on your use of the site, Services, and Software. You are prohibited from attempting to violate any security feature such as (a) accessing content or a server you are not authorized to access; (b) attempting to interfere with service to any user, host, or network, including without limitation, by means of submitting a virus to the site, Services, or Software; (c) using our site, Services, or Software to send unsolicited communications; (d) attempting to modify, reverse-engineer or otherwise attempt to reduce to a human-perceivable form any of the source code related to the site, Services, or Software; (e) using the site, Services, Software, or any content obtained from them, to develop any information storage and retrieval system (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind; or (f) violating any law or regulation, or the rights of third parties.

RIGHT TO INVESTIGATE VIOLATIONS

To ensure that we provide a quality experience for you and for other users, you agree that CTI may access your account and records to investigate an alleged violation of these Terms or other unauthorized purposes. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the site, Services, and Software immediately, with or without notice to you, and without liability to you, if we believe you have violated any of these Terms, furnished us with false or misleading information, or interfered with other users’ use of the site, Services, or Software.

CHANGES TO THESE TERMS

If we decide to make a material change to these Terms, we will post a notice of those changes on our site prior to implementing that change. By using this site, Services, or Software, you are agreeing to be bound by the then-current version of these Terms. We do not, however, make any commitment to update these Terms.

LIMITATION OF LIABILITY

IN NO EVENT WILL CTI BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSSES FROM BUSINESS INTERRUPTION OR FROM LOST PROFITS OR DATA, LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, SERVICES, OR SOFTWARE, EVEN IF SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIMS BY ANY OTHER PARTY. IN NO EVENT SHALL THE ENTIRE LIABILITY OF CTI FOR DAMAGES OF ANY NATURE EXCEED THE AMOUNT PAID BY YOU TO CTI FOR THE SERVICES OR SOFTWARE CAUSING THE CLAIM, IF THE LIABILITY RESULTS THEREFROM.

This warranty gives you specific legal rights; you may have others which may vary from state to state, region or country. Some states, regions or countries do not allow the exclusion of incidental or consequential damages, or the limitation of how long an implied warranty lasts, so some of the above may not apply to you.

INDEMNITY

You agree to indemnify CTI for any third party claims, losses, liability, damages, and costs (including without limitation reasonable attorneys’ fees and costs) arising from your violation of these Terms.

SEVERABILITY – WAVER

If a court of competent jurisdiction finds any part of these Terms to be unenforceable for any reason, all other provisions will remain unaffected and CTI and you agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. No waiver of any breach of these Terms shall constitute a waiver of any other breach of the same or any other provisions, and no waiver is effective unless made in writing and signed by an authorized representative of the waiving party.

YOUR PRIVACY

We respect your privacy and permit you to control the treatment of your personal information. Our current Website Privacy Policy can be found at www.chesapeaketech.com/privacy. Our Website Privacy Policy is incorporated into these Terms.

We may require you to register before you use or access the site, Services, or Software by providing us complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us.

COPYRIGHT PROTECTION

We respect others’ intellectual property rights, and we insist our users do the same. If you believe that posted content or Submissions infringe your rights under copyright law in specific materials (collectively, a “Work”), please follow the procedure described below to notify us of your concerns or objections.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) gives recourse to copyright owners who believe material on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that content or material on the site infringes your copyright, you or your agent may send us a notice requesting that such material be removed or that or access to it be blocked (the “Notice”). The Notice must contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted Work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe in good faith that a Notice of copyright infringement has been wrongly filed by us against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See www.loc.gov/copyright for details. You may wish to consult your legal adviser before filing a Notice or counter-notice. Please note there can be penalties for false claims under the DMCA.

Any Notice or counter-notices must be sent to us at:
Chesapeake Technology, Inc. Legal Department, [email protected]

MISCELLANEOUS PROVISIONS

These Terms and our Website Privacy Policy is the entire agreement between you and Chesapeake Technology, Inc. regarding their subject matter and they supersede all prior communications or agreements. These Terms are governed by the laws of the State of California, U.S.A. (excluding its conflict of laws principles and, if applicable, the United Nations Convention on Contracts for the International Sale of Goods), with exclusive jurisdiction in Santa Clara County, California. You shall be solely responsible for providing all copyright notices and other legal notices in connection with any content you may post or upload and for determining parental advisory warning status.

CONTACTING US

Chesapeake Technology, Inc.
1605 W. El Camino, Suite 100
Mountain View, CA 94040
United States of America
Email: [email protected]
Tel: +1-650-967-2045
Visit our Contact Page

ACKNOWLEDGEMENT

By accessing this site, Services, or Software, you agree to be bound by these Terms.

PLEASE NOTE THAT, TO COMPLETE ANY REGISTRATION WITH US, YOU WILL BE REQUIRED TO VERIFY YOUR CONSENT TO THESE TERMS.

These Terms were last modified on 11/13/2018.