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These Terms govern the Client’s access to and use of the AXSMarine Webservices. They are to be read in conjunction with AXSMarine General Terms and Conditions of Use (“General T&C”) and they shall only take precedence over the General T&C for matters and/or services herein specific.
AXSMarine Webservices is only available to current AXSMarine Clients.
“Webservices” consist of a set of software programs, interfaces, and webpages running on computers hosted at the Provider’s sites or at third party hosting facilities accessible via the Internet.
“AXSMarine Data”: any and all data and/or any information (including “Third Party Data” as defined in and governed by provision 9 of AXSMarine General T&C) contained in AXSMarine Products and/or Modules and/or Services which Client and/or its Users have not themselves contributed to.
“Client Data”: any and all information or data which the Client and its Users have themselves contributed to by using the AXSMarine Product(s) and/or Module(s) and/or Service(s).
Client hereby acknowledge and clearly understands that:
1. A Client can only subscribe to AXSMarine Webservice(s) to the extent of matching Product(s) type(s), optional Modules and Term of its subscription to AXSMarine online Product(s).
For the avoidance of doubt, this means FOR EXAMPLE that Webservices for Drybulk ships and related AXSDry Modules will only be available to AXSDry Clients, Webservice(s) for Liner ships, Liner services and related Alphaliner Module(s) will only be available to Alphaliner Clients, Webservice(s) for Tanker ships and related Tanker Module(s) will only be available to AXSTanker or Alphatanker Clients etc.
2. AXSMarine may in its sole discretion agree for a Client to subscribe to additional Product(s) Webservice(s) that may not match the Client’s online Product(s) subscription both in their nature and in relation to the Contract Term.
3. Provider grants to the Client a limited, non-exclusive, non-transferable, license to access and use the AXSMarine Webservice(s) specifically and solely for the purposes of requesting and receiving AXSMarine Data and/or Client Data.
4. Client shall not build or support any sort of platform that may be deemed by AXSMarine as competing or potentially able to compete with any of AXSMarine Product(s), and/or Modules, and/or services.
5. Client may use the Webservice(s) and AXSMarine Data solely internally for analytical or research purposes and only with software application(s) owned or licensed by the Client. Client may not use, adapt, modify, redistribute, sublicense, sell or otherwise make available any portion of the Webservice(s) for use by software applications not owned or licensed by the Client.
6. Client is prohibited to pass on AXSMarine Data downloaded to any other provider of shipping data, shipping system(s) or shipping service(s). Client may not display or make the AXSMarine Data available in any Data Exchange Format to non-employee users, including but not limited to, vendors, contractors, partners and the general public (e.g., public websites, partner and vendor extranets, EDI applications, etc.).
7. Client is prohibited to use AXSMarine Data in any system from any third party provider.
If however agreed by AXSMarine in its sole discretion, Client might have the right to use AXSMarine Data into a nominated and identified third party system. Such third party system provider will have to abide jointly with the Client by the terms of AXSMarine Webservices Terms and Conditions and enter into an appropriate CNDA with AXSMarine.
10. Purge obligation: any and all AXSMarine Data the Client has downloaded during the term of this Agreement must be purged fully by the Client from any of its systems and from any third-party system immediately after expiry of the contract whichever the reason of the contract termination.
10.1 In exceptional cases, AXSMarine may have agreed in its sole discretion to provide a temporary free trial license for evaluation of the Product(s) Webservices(s) prior to subscribing to them on a permanent basis. Where the Client or commercial prospect did not subscribe after the temporary trial, the purge obligation will fall immediately due for ALL DATA AND DERIVED DATA so generated using the free trial license.
10.2. Whether in the context of a free trial or under a paid subscription, Client shall comply fully with this purge obligation unless Client is compelled to keep some AXSMarine Data by any applicable laws, rules, regulations, court decision, governmental order or order of any exchange or any regulatory or supervisory entity or body in which case Client will have to provide such evidence to AXSMarine.
11. For the avoidance of doubt and in application of AXSMarine GT&C, Client and any of its User(s) remain entitled to continue to use, without restriction, any and all Client Data.
12. Webservice(s) will only be open to the Client upon receipt by the Provider of Client’s payment for the related Webservice(s).
13. If a Client no longer subscribes to an AXSMarine online Product or to the AXSMarine online Product(s) matching the ships type Webservice(s) which the Client also subscribes to, the Webservice(s) Subscription Agreement(s) may be terminated by AXSMarine with immediate effect in AXSMarine sole discretion.
14. In case of any delay or default payment by the Client of any AXSMarine invoice, AXSMarine shall have the right to interrupt any/all of the online Products and/or Webservice(s) the Client is subscribing to and/or has access to.
Neither party will attempt to access, tamper with, or use non-public areas of the other party’s website, computer systems, or the technical delivery systems of the other party’s providers.
Neither party will attempt to probe, scan, or test the vulnerability of any of the other party’s systems or networks or breach any of the other party’s security or authentication measures.
Last Updated: 30/08/2022