SENTINEL d.o.o. ("SENTINEL ") provides its services through www.sentinelmarine.net and any other websites for which SENTINEL owns the domain registration (the "Site"), its proprietary platform and the services made available by SENTINEL therein, including the SENTINEL mobile applications and data connectivity and storage services allowing you to use SENTINEL software running on a supported platform that allow you to access the SENTINEL services (collectively, the "Service") through registered access to account.
1. Acceptance of the Term of Use ("TOU")
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE WEBSITE OR USING THE SERVICE YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, "YOU") ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOU, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. If you accept or agree to these TOU on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these TOU and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Certain areas of the Service, including, but not limited to, the areas of the Service through which you may use SENTINEL Service, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions ("Product-Specific Terms"). If there is a conflict between these TOU and terms and conditions posted for a specific area of the Service, the Product-Specific Terms will take precedence with respect to your use of or access to that area of the Service.
These TOU comprise also
End User License Agreement
When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to SENTINEL, you are communicating with SENTINEL electronically. You consent to receive communications from SENTINEL electronically. You agree that all agreements, notices, disclosures, and other communications that SENTINEL provides to you electronically satisfy any legal requirement that such communications be in writing.
LIMITATION OF LIABILITY
SENTINEL, SENTINEL’s affiliates, SENTINEL’s licensors or other authorized partners are not responsible for any modification or damage to, or loss of any programs, data, or other information stored by SENTINEL and it's partners, or stored or hosted by SENTINEL in connection with a Service SENTINEL provides.
THE SENTINEL SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, INCLUDING SOFTWARE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SENTINEL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
SENTINEL'S ENTIRE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THE TERMS. FURTHER, NEITHER SENTINEL NOR SENTINEL 'S EMPLOYEES ARE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR OTHER DAMAGES, OR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY ASSOCIATED EQUIPMENT, COSTS OF COVER, DOWNTIME AND USER TIME, OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE PSERVICE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE APPLYING TO THE SERVICE IS LIMITED.
WE BOTH AGREE ABOUT THESE LIABILITY LIMITATIONS, THAT SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIFIED OTHER DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY, OR MAY NOT FULLY APPLY TO YOU.
SENTINEL shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this TOU; and
SENTINEL's total aggregate liability in contract (including in respect of the indemnity tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this TOU shall be limited to the total amount paid for the Service during the  months immediately preceding the date on which the claim arose.
NOTICE REGARDING SENTINEL SERVICES EQUIPPED WITH SATELLITE OR WIRELESS TECHNOLOGY.
Your use of SENTINEL Services is dependent on the availability and coverage of wireless networks, telecommunications networks, satellite positioning systems and the Internet, which involve facilities owned and operated by third parties. SENTINEL IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABLITY OR FAILURE OF SUCH THIRD PARTY SYSTEMS OR FACILITES OR LOSS OF DATA DUE TO POOR, NONE OR EXTENSIVE LACK OF COVERAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SENTINEL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE.
LICENSE AND INTELLECTUAL PROPERTY
You agree that SENTINEL owns all right, title, and interest to all intellectual property and other proprietary rights to anything related to Services, including, but not limited to trademarks, copyrights, prices, data, website content. You are prohibited from, and shall prevent any third party from, removing, covering, or altering any of our patent, copyright, or trademark notices placed upon, embedded in, or displayed and related materials. SENTINEL reserves all rights in webpages and Services not specifically granted to you under these TOU.
SENTINEL grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these TOU are reserved and retained by SENTINEL or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SENTINEL without express written consent. You may not use any meta tags or any other "hidden text" utilizing SENTINEL name or trademarks without the express written consent.
SENTINEL Service thereof supplied by SENTINEL under these TOU are subject to export controls under the laws and regulations of the Republic of Croatia and any other applicable countries' laws and regulations. You shall comply with such laws and regulations governing export, re-export, import, transfer and use of SENTINEL Service and will obtain all required Croatian and other local authorizations, permits, or licenses. SENTINEL and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses. You shall not export SENTINEL Service without proper and appropriate governmental approvals, necessary for such export or re-export and for the avoidance of doubt it shall be your responsibility to obtain such approvals.You certify that you are not a person with whom SENTINEL is prohibited from transacting business under applicable law. You represent that you are not located in any country or on any list where the provision of Service to you would violate applicable law. You also agree not to use or enable use of them for any purposes prohibited by applicable law or export or re-export any SENTINEL Service with knowledge that it will be used in the design, development, or use of chemical, biological, nuclear or ballistic weapons or for any other criminal or illegal activity. Laws and regulations change frequently. It is your responsibility to know the law pertaining to export/import procedures in the country of destination of Service. You shall defend, indemnify, and hold SENTINEL harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this Clause.
You also represent and warrant that your officers, employees and agents shall comply with the anti-corruption laws of your resident country and Laws of Republic of Croatia, so you will not (1) authorize the giving of, offer, or give anything of value to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business to any person by (i) influencing any act or decision by the recipient or (ii) inducing the recipient to do or omit to do any action in violation of the recipient’s lawful duty or (iii) securing any improper advantage, or (2) authorize the giving of, offer, or give anything of value to any other person with knowledge or firm belief that all or a portion of the payment or gift will be offered, given, or promised, directly or indirectly to a government official, a political party or party official, a political candidate, or an official of a public international organization for the purpose of obtaining, retaining, or directing business.
In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These TOU are effective unless and until terminated by either you or SENTINEL. You may terminate these TOU at any time by notifying us that you no longer wish to use SENTINEL's Services, or when you cease using SENTINEL'S sites.
If in SENTINEL's sole judgment you fail, or SENTINEL suspects that you have failed, to comply with any term or provision of these TOU, SENTINEL also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.
These TOU and any related Terms and policies operating rules posted by SENTINEL on this site or in respect to The Service constitutes the entire agreement and understanding between you and SENTINEL and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOU).
Any ambiguities in the interpretation of these TOU shall not be construed against the drafting party.
These TOU and any related Terms and policies as well as separate agreements whereby SENTINEL provides you Services shall be governed by and construed in accordance with the laws of Croatia, with competent court in Zagreb.
CHANGES TO TOU
You can review the most current version of the TOU at any time at this page.
SENTINEL reserves the right, at it's sole discretion, to update, change or replace any part of these TOU by posting updates and changes to SENTINEL's websites. It is your responsibility to check websites periodically for changes. Your continued use of or access to SENTINEL website or the Service following the posting of any changes to these TOU constitutes acceptance of those changes.
If you do not accept the terms of this EULA, do not install, use or access the SENTINEL Services.
By clicking the “ACCEPT” or “ACTIVATE” or similar option in connection with this EULA, you agreed to be bound by these terms and conditions not just with respect to SENTINEL Services you are obtaining at the time, but also for any additional SENTINEL Service you later acquire directly or indirectly through that first SENTINEL Service, including new and different Service or SENTINEL, or updates and upgrades to a prior SENTINEL Service, for which you do not accept a separate end user license EULA.
If you do not wish to agree to these terms, please click “DECLINE” or “CANCEL” or “BACK” or any similar option presented with this EULA. If you do so, you will not be able to use SENTINEL Services covered by this EULA. If you decline to accept this EULA, or if you are not satisfied with SENTINEL Service for any other reason, you may obtain a refund of the amounts you have paid for SENTINEL Services within the past 30 days by following the instructions here.
SENTINEL may amend this EULA at any time by notice provided to you in accordance with this EULA, and your continued use of, or decision not to seek a refund for SENTINEL Service at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this EULA. SENTINEL may require that you accept the amendment of this EULA in order to continue using SENTINEL Service you have previously purchased. If you decline to accept the amendment of this EULA, SENTINEL may terminate your use of the affected SENTINEL Service, in which case SENTINEL refund the amounts you paid for the Service (prorated for the unexpired or unused portion of the Subscription Term), if you payed. By downloading, installing, or using the software, you are representing that you purchased the software from an approved source and binding yourself to the EULA. The following terms of the EULA govern your use of the Software (defined below), except to the extent: (a) there is a separate signed contract between you and SENTINEL governing customer's use of the software, or (b) the software includes a separate "click-accept" license EULA or third party license EULA as part of the installation or download process governing your use of the software. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the signed contract, (2) the click-accept EULA or third party license EULA, and (3) the EULA.
If, in the course of acquiring a SENTINEL Service you provided SENTINEL with an email address and that email address later changes, you must update your user profile to ensure that you receive notices about Subscription Period extensions and other important information about this EULA and the SENTINEL Services.
SENTINEL, subject to the Special Terms, may from time to time update any SENTINEL Service or replace a SENTINEL Service with another SENTINEL Service with similar functionality without requesting or obtaining your separate consent, and your Device or certain Device functions may not be available to you while the Update is in process.
Before entering in the EULA you represent that you are 18 years of age or older, and are authorized to accept this EULA on behalf of all of the individuals and entities for whom (or for whose Devices) you obtain SENTINEL Services.
“Applicable Conditions” with respect to any SENTINEL Services, means the Subscription Term for the SENTINEL Services, whether the Subscription Term automatically extends. The Applicable Conditions are specified (i) on the checkout payment page if you obtain the SENTINEL Services over the Internet, from a Mobile App Store or by other electronic means, (ii) by telephone or email communication when you purchase the SENTINEL Services.
“Authorized Purposes” means with respect to SENTINEL Services, your personal use or internal commercial use, and in each case not for resale or other exploitation for the benefit of a third party.
“SENTINEL ” means SENTINEL d.o.o., a company formed under the laws of Croatia.
"Documentation" means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) pertaining to the Software and made available by an Approved Source with the Software in any manner.
“Extension Term” has the meaning ascribed to it by below terms.
“Group Company” means, with respect to SENTINEL , an entity controlling, controlled by or under common control with the SENTINEL.
“Control,” as used in this section, means ownership of more than 50% of the outstanding voting interest of the applicable entity.
A “Person” includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
“Personally Identifiable Information” means information that can be used to uniquely identify, contact, or locate a single individual or can be used with other sources to uniquely identify a single individual including, as applicable under applicable law, personal data (as the term is used by the EU Data Protection Directive 95/46/EC).
"Software" means all software programs distributed, published or otherwise made available by SENTINEL or its affiliates. Software also includes Documentation, updates and upgrades as well as accompanying manual(s) and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials, which is part of Service
“Services” means all Services made available by SENTINEL, including but not limited to Services accessed through webpage www.SENTINELMARINE.NET, by means of a browser or by other online communication method.
“Software and Services” are collectively referred to as “SENTINEL Services”.
“Subscription Term” with respect to each SENTINEL Services, means the means the period beginning on the date you obtain the SENTINEL Services and continuing for the term (defined by the passage of time, your use of the SENTINEL Services or another metric) specified by the Applicable Conditions.
“Technical Specifications” means the technical documentation applicable to the Software, available at http://www.sentinelmarine.net/ as updated from time to time.
“Third Party Materials” means software, Services, websites, offers and promotions or products provided by any third party and governed by Third Party Terms and Conditions.
“Update/Upgrade” means content or code SENTINEL deploys to update or/and upgrade SENTINEL Services including but not limited to new releases or versions of Software, updated malware signatures, spyware definitions, anti-spam rules, virus definitions, URL black or white lists, firewall rules, intrusion detection data, lists of authenticated web pages, and vulnerability data; or any other available update provided by SENTINEL from time to time in connection with a SENTINEL Services.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this EULA.
Conditioned upon compliance with the terms and conditions of the EULA, SENTINEL grants to you a nonexclusive, non sublicensable and nontransferable license to use for Authorized Purpose the SENTINEL Service for which you have paid the required license fees to an Approved Source. Unless otherwise expressly provided in the Documentation or any applicable Supplemental License EULA, you shall use the Software solely as embedded in and used for Authorized purposes. No other licenses are granted by implication, estoppel or otherwise. In addition to the limitations established by this EULA you will not (i) copy Software for any purpose other than, as reasonably necessary to use the same as contemplated by this EULA, and to preserve uninstalled/off-line copy for disaster recovery purposes; (ii) install the Software on any operating system not supported by SENTINEL, or (iii) remove any copyright, trademark or other proprietary notices from the Software.
The Subscription term under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or SENTINEL Services and ends on the earlier date of either your disposal of the Software and/or SENTINEL Services or SENTINEL’s termination of this EULA. You may terminate the EULA and the license at any time by destroying all copies of Software and any Documentation. Your rights under the EULA will terminate immediately without notice from SENTINEL if you fail to comply with any provision of the EULA. Upon termination, you shall destroy all copies of Software and Documentation in your possession or control. All your confidentiality obligations, all restrictions and limitations imposed on you under the section titled "General Limitations" and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this EULA. In addition, the provisions of the sections SENTINEL Intellectual property, Limitation of liabitliy and Limited Warranty shall survive termination of the EULA.
SENTINEL, in addition to such other rights as may be available at law, in equity or otherwise, may terminate your license to any or all SENTINEL Services without liability (i) for convenience on five (5) days’ prior notice, provided that SENTINEL, in its sole discretion, shall for paid SENTINEL Services, grant a license for a substantially similar product for the remainder of the Subscription Term, or (ii) for cause at any time without notice.
This is a license, not a transfer of title, to the SENTINEL Service, and SENTINEL retains ownership of all copies of SENTINEL Service. You acknowledge that SENTINEL Services contain trade secrets of SENTINEL or its SENTINEL’s licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information and Documentation. Except as otherwise expressly provided under the EULA, you shall only use SENTINEL Services in connection with the use of SENTINEL Service you purchased from an Approved Source and you shall have no right, and you specifically agrees not to:
(i) transfer, assign or sublicense your license rights to any other person or entity (other than in compliance with any SENTINEL relicensing/transfer policy then in force) and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void;
(ii) make error corrections to or otherwise modify or adapt the SENTINEL Service or create derivative works based upon the SENTINEL Service, or permit third parties to do the same;
(iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce SENTINEL Service to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction or except to the extent that SENTINEL is legally required to permit such specific activity pursuant to any applicable open source license;
(iv) use or permit SENTINEL Service to be used to perform SENTINEL Services for third parties, without the express written authorization of SENTINEL;
(v) disclose, provide, or otherwise make available trade secrets contained within SENTINEL Services in any form to any third party without the prior written consent of SENTINEL. You shall implement reasonable security measures to protect such trade secrets.
UPDATES/UPGRADES AND ADDITIONAL COPIES.
Notwithstanding any other provision of the EULA: (1) You have no license or right to make or use any additional copies or upgrades unless you, at the time of making or acquiring such copy or upgrade, already hold a valid license to the original SENTINEL Service and have paid the applicable fee to an approved source for the upgrade or additional copies; (2) use of upgrades is limited to SENTINEL Service supplied by an approved source for which you are the original end user purchaser or otherwise hold a valid license to use SENTINEL Service which is being upgraded; and (3) the making and use of additional copies is limited to necessary backup purposes only. Updates will be deemed a part of the SENTINEL Services for all purposes under this EULA. Updates may include both additions to and removals of particular functionality offered by a SENTINEL Services or may replace it entirely, and the content and functionality of such updates is at the sole discretion of SENTINEL. SENTINEL or your Device may offer you the option to decline or delay Updates, but you must download and permit installation of all available Updates to obtain maximum benefit from the SENTINEL Services. SENTINEL may stop providing support for a SENTINEL Services until you have accepted and installed all Updates. SENTINEL will determine when and if Updates are appropriate and has no obligation to make any Updates available to you. SENTINEL in its sole discretion may stop providing Updates for any version of the SENTINEL Services other than the most current version, or Updates supporting use of the SENTINEL Services in connection with any versions of operating systems, email programs, browser programs and other software with which the SENTINEL Services is designed to operate.
You agree to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, of SENTINEL Service in the same form and manner that such copyright and other proprietary notices are included on SENTINEL Service. Except as expressly authorized in the EULA, Customer shall not make any copies or duplicates of any Software without the prior written permission of SENTINEL.
EXPORT, RE-EXPORT, TRANSFER AND USE CONTROLS
SENTINEL Service or direct products thereof supplied by SENTINEL under the EULA are subject to export controls under the laws and regulations of the Republic of Croatia and any other applicable countries' laws and regulations. Information regarding compliance with export, re-export, transfer and use are part of TOU. You certify that you are not a person with whom SENTINEL is prohibited from transacting business under applicable law.
IDENTIFIED COMPONENTS - ADDITIONAL TERMS
SENTINEL Service may contain or be delivered with one or more components, which may include third-party components, identified by SENTINEL in Service, readme.txt file, third-party click-accept or elsewhere (the "Identified Component(s)") as being subject to different license EULA terms, disclaimers of warranties, limited warranties or other terms and conditions (collectively, "Additional Terms") than those set forth herein. You agree to the applicable Additional Terms for any such Identified Component(s).
The Software in SENTINEL Service is provided "AS IS". This limited warranty extends only to the Software you purchased from an Approved Source. Your sole and exclusive remedy and the entire liability of SENTINEL and its Affiliate under this limited warranty will be (i) replacement of defective media and/or (ii) at SENTINEL's option, repair, replacement, or refund of the purchase price of the Software, in both cases subject to the condition that any error or defect constituting a breach of this limited warranty is reported to the Approved Source supplying the Software to you within the warranty period. SENTINEL or the Approved Source supplying the Software to you may, at its option, require return of the Software and/or Documentation as a condition to the remedy. In no event does SENTINEL warrants that the Software is error free or that you will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, SENTINEL does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
LIMITATION OF LIABILITY
REGISTRATION AND PRIVACY
CHANGES AND MODIFICATION
This EULA represents the complete EULA concerning this license between the parties and supersedes all prior EULAs and representations between them. SENTINEL reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on SENTINEL ’s website. You will be deemed to have accepted such changes by continuing to use the SENTINEL Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.