Terms & Conditions

1.    The License

In exchange for accepting the terms of this license agreement and paying the license fee, One Maritime grants the Licensee a non-exclusive license to use the parts of the One Maritime online portal that the licensee has purchased access to under the terms of this license agreement.

2.    Terms of Usage

2.1. The online access is purchased in bundled of 5 users. The online user accounts are personal single user accounts. The user has personal access to the online platform within the pertinent limitations while Licensee is active under the provision of fair use. The user shall apply his best endeavors to safeguard the intellectual property, confidential information and proprietary rights of One Maritime and its third party catalogue and data owners. Robots or other computer/software scripts starting jobs unattended are not considered fair use and require written permission from One Maritime.

2.2. Online users are restricted to one account per named user. The users access is granted per 5 users in 1 legal entity in 1 location. Users from different locations may not share users account and shall subscribe to different signups. One Maritime reserves the right to cancel accounts that are in violation of this restriction.

2.3. Licensee agrees to use best efforts to secure the access to, and use of the One Maritime deliveries in order to secure the One Maritime and its third party catalogue and data owners property rights and to secure that no infringement of copyright or trademark is made with the access given to the licensee, its personal, advisors or other third party gained access through its accounts.

2.4. One Maritimes online portal and the information and services delivered are not tested or approved for patient diagnostic purposes or clinical purposes and under no circumstances should be used for such purposes where FDA or similar regulatory approval is required. Licensee agrees to indemnify and hold harmless One Maritime, its officers, directors, agents, third party catalogue and data owners, servants and employees from and against all claims arising out of or relating to the use or misuse of the software.

2.5. Licensee agrees that data and trends might be stored on the One Maritime web server and data might be monitored by One Maritime. One Maritime will maintain reasonable efforts to protect data on One Maritime' server that were transferred by Licensee via the internet. One Maritime will keep such data confidential and not disclose them to third parties, unless Licensee permits so in the catalogue setup part on the One Maritime online portal.

2.6. Personal data like contact information may be shared by One Maritime and some data will be made searchable according to the standard use of company search on the One Maritime online portal.

2.7. One Maritime may monitor usage statistics and share this data.

2.8.  Licensee agrees that One Maritime is allowed to name Licensee in a user list, in its company listings and or in press releases unless Licensee expressively disallows such in writing.

2.9. Data and services provided by One Maritime and available through the online account may only be used in context of the One Maritime online portal and with the use of a valid granted and legal license. Download of information and/or One Maritime data is explicitly prohibited as well as use of data and information with other software except permission from One Maritime has been explicitly granted in separate license agreement. Licensee may not in any way copy or reproduce data or information received through and from the One Maritime online portal.

2.10. Licensee shall ensure that the licensed material so disclosed is kept confidential by the employees to whom it is disclosed. Licensee shall ensure that the licensed material is protected at all times from access, use or misuse, damage or destruction by any person not authorized by One Maritime for that purpose. Disclosure of One Maritime data, its third parties catalogues owners' data or information is not permitted in any way.

2.11. Any results and discoveries derived by the use of One Maritime software and data are the sole property of Licensee. Any data contained in One Maritime libraries and databases are the sole property of One Maritime.

2.12. One Maritime' explicit written permission must be obtained in order to

• systematically distribute or make printed or electronic copies of the whole or any part of licensed materials (available on the One Maritime online portal - all or parts of it -) to anyone;
• publish, distribute or make available the licensed materials, works based on the licensed materials or works, which combine them with any other material, other than as permitted in this license;
• remove, alter, abridge, adapt or modify the licensed materials, except if otherwise permitted in a separate license agreement, to authorized users. For the avoidance of doubt, no removal, alteration, abridgement, adoption, coping or modification of the data or their order is permitted.

3.    Publication of data and information from One Maritime

3.1. Publications in written, electronic or online form that contains data and information from One   Maritime is restricted in any way unless agreed to in a separate license agreement. 

• One Maritime data is defined as all data contained in databases and libraries available on www.onemaritime.com and delivered by One Maritime.

3.2. Licensee's obligations under this clause 3 shall survive the termination of this agreement.

4.    Warranty Disclaimer

One Maritime agrees to grant to Licensee the non-exclusive and non-transferable right to access the products to the extent that the One Maritime web server is available on the internet, subject to the terms and conditions of this license. One Maritime disclaims any warranties for access problems that arise outside of One Maritime' influence or other circumstances beyond the control of One Maritime, including especially - without limitation - breakdown or inaccessibility of internet nodes due to hardware or software problems outside of the One Maritime web server, including incompatibilities arising from alterations of non-One Maritime software.

Licensee acknowledges that the licensed material cannot be guaranteed to be free from errors and further acknowledges that the existence of any errors shall not constitute a breach of this license. The licensed material may include date related information in a form that could be incorrectly interpreted during processing. One Maritime gives no warranty that such errors will not occur. Licensee shall establish the precise nature of any date related information included in the licensed material when determining how such data may reasonably be used.

Licensee acknowledges that access to the One Maritime web server may be interrupted by technical problems at One Maritime for short periods of time. One Maritime will restore access as soon as possible. Changes, updates, or additions to the web server are at sole discretion of One Maritime. No special notification of Licensee by One Maritime is required. 

Any links to other web sites are provided for Licensee's convenience, and One Maritime accepts no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. The responsibility for legal use of such sites resides exclusively with the user; One Maritime does not grant implicit or explicit licenses for that. One Maritime tools and data may include public domain sources to which certain restrictions by the preexisting copyrights or other reserved rights may apply. One Maritime solely warrants that these data have been incorporated on terms of fair use by One Maritime. However, use of such data is bound by the terms set forth by the original owners on such data. One Maritime does not grant implicit or explicit licenses exceeding the original terms nor guarantees access to such public domain resources in case public licenses are changed or cancelled. Licensee will not assert any proprietary rights to any portion of the libraries or databases, or represent the database or any part thereof to anyone as other than One Maritime compilation based on the original sources.

Licensee acknowledges that copyright in a Third Party licensed material is owned by a Third Party. One Maritime warrants that it is permitted to supply the Third Party licensed material to Licensee but Licensee acknowledges that it maybe required to enter a separate agreement with the relevant Third Party. This agreement shall apply to any Third Party licensed material that is not the subject of a separate agreement with a Third Party. Licensee agrees to indemnify One Maritime against any liability, loss, claim or demand arising out of action or omission taken by Licensee with respect to the Third Party licensed material in breach of this agreement.

Other than the limited warranty above, One Maritime expressly disclaims all warranties, either expressed, or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with regard to One Maritime products and services. The license materials are supplied "as is". In no event will One Maritime be liable for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use One Maritime products except for gross negligence by One Maritime. One Maritime aggregate liability for direct or implied damages, losses or claims for any cause, regardless of the form of the action, will be limited to the money paid for the use of the product that caused the damage, in respect of the subscription period during which such damage, loss or claim occurred.

The above limitations are effective to the extent of limitations the applicable jurisdiction allows and, therefore, may not apply in some or all details.

However, One Maritime expressly disclaims all warranties, either expressed, or implied, including but not limited to total loss and loss of confidentiality of data transferred via the internet.

5.    Copyright Notice

The licensed information and services contained in the One Maritime online portal are subject to and protected under copyright and other laws of Denmark, and, under international conventions, similar laws abroad. Copyright in the materials contained in One Maritime products, including, but not limited to, the textual material, artwork, electronic numbering systems, and visual elements, is owned or controlled separately (and as a collective work exclusively) by One Maritime or its third party partners (limited only by original copyrights on public domain data). This also includes the copyright for the selection, arrangement and coordination of materials in the products. Licensee shall not during or any time after the expiry or termination of this license permit any act which infringes that copyright and without limiting the generality of the foregoing Licensee specifically acknowledges that it may not copy the licensed material except or otherwise expressly authorized by the agreement.

6.    Termination of License

6.1. The online account terminates at the day the license expires.

6.2. The online account also terminates immediately if Licensee violates any of the terms of usage, especially:

• if Licensee uses robots or computer/software scripts to gain access to the online platform and or to use the online platform.
• if Licensee becomes, threatens or resolves to become the subject of insolvency proceedings or to receivership, liquidation or similar external administration
• if Licensee, being a firm or partnership, dissolves.

In this case there will be no compensation for the unused time. One Maritime may seek damage compensation for economic losses caused by illegal use of the online account independent of any criminal charges.

7.    Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of Denmark. The parties irrevocably agree that any dispute arising out of or in connection with this license will be subject to and within the jurisdiction of the Danish courts. If any provision of this agreement is ruled by court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect.

8.    Merging of licensed material

Licensee will fully indemnify One Maritime against liability which maybe incurred by One Maritime if such merging of licensed material infringes any Intellectual Property Rights of a Third Party or otherwise cause One Maritime to suffer loss, damage or expense.

9.    Waiver

Failure or neglect by either party to enforce at any time any of the provisions of this agreement shall not be construed or deemed to be a waiver of that party's rights under this license.   

10.  General Provisions

Alterations to this license are only valid if approved by Licensee in writing or by an online accept of new license terms. This license may not be assigned by either party to any other person or organization, nor may either party subcontract any of its obligations, except as provided in this license in respect of the management and operation of the server, without the prior written consent of the other party, which consent shall not unreasonably be withheld. If Licensee - shall come under the control of any third party other than that by which it is controlled at the date of this license, One Maritime shall have the right immediately to terminate or renegotiate the terms of this license. Control shall mean either the ownership of more than fifty per cent (50 %) of the ordinary share capital carrying the right to vote at general meetings or the power to nominate a majority of the board of directors.

11.  Customer contacts

Licensee agrees to be contacted from One Maritime or on behalf of One Maritime by an authorized local distributor. Such contact can contain information like, but not limited to, update information, new features, product developments and plans, special campaigns, marketing opportunities, feedback questionnaires, and other One Maritime marketing related issues. Upon request of Licensee, such contact can be objected to and will be terminated effective date of request.