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AXSMarine Web Services General terms and conditions

These Terms govern the Client’s access to and use of the AXSMarine Web Services. 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 Web Services are only available to current AXSMarine Clients.

Definitions

“Web Services” 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 and to which Client and its Users have not themselves contributed.

“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).

Conditions

Client hereby acknowledge and clearly understands that:

1. A Client can only subscribe to AXSMarine Web Service(s) to the extent of matching Product(s) type(s) and optional Modules of its subscription to AXSMarine online Product(s) (e.g. Drybulk ships for AXSDry, Tanker ships for AXSTanker, AXSMarine Trade Flows etc.).

2. AXSMarine may in its sole discretion agree for a Client to subscribe to additional Product(s) Web Service(s) that may not match the Client’s online Product(s) subscription.

3. Provider grants to the Client a limited, non-exclusive, non-transferable, license to access and use the AXSMarine Web Service(s) specifically and solely for the purposes of requesting and receiving AXSMarine Data and/or Client Data.

4. Client shall not build 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 Web Service(s) and AXSMarine Data solely internally for analytical or research purposes and only with software application(s) owned or licensed by Client. Client may not use, adapt, modify, redistribute, sublicense, sell or otherwise make available any portion of the Web Service(s) for use by software applications not owned or licensed by 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 Web Services Terms and Conditions and enter into an appropriate CNDA with AXSMarine.

8. Any system, including third party system used by the client containing AXSMarine Data shall conspicuously incorporate the reference:
“Includes data and material from AXSMarine, all rights reserved”.

9. Any derived work, report, document the Client may produce using any AXSMarine Data shall conspicuously incorporate the reference:
“Includes data and material from AXSMarine, all rights reserved”.

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.

11. For the avoidance of doubt and in application of AXSMarine GT&C, Client any of its User(s) remains entitled to continue to use, without restriction, any and all information or data which it has itself contributed to the Product(s) and/or Module(s) and/or Service(s).

12. Web Service(s) will only be open to the Client upon receipt by the Provider of Client’s payment for the related Web Service(s).

13. If a Client no longer subscribes to an AXSMarine online Product or to the AXSMarine online Product(s) matching the ships type Web Service(s) which the Client also subscribes to, the Web Service(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 Web Service(s) the Client is subscribing to.

Undertakings

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: 22/10/2019