Poltips Software – Terms and Conditions
Poltips is a proprietary product and thus protected by Copyright Law. The National Oceanography Centre (NOC) reserves all rights of ownership and copyright in the program. The software is transferred to the original purchaser on the following terms.
User responsibilities
(i) The user is responsible for installing the program onto their computer system.
(ii) The user must ensure that proper security precautions are followed to secure backup copies of all program and licence files.
(iii) The user will not copy the software or manual for distribution or supply to any 3rd party for profitable gain or otherwise.
(iv) The user is responsible for the interpretation of the results produced by the program.
(v) The user is responsible for registering the software product with the NOC.
(vi) If at any time in the future it is deemed necessary to update the software version for whatever reason, then the NOC will endeavour to contact all registered customers by email informing them of this. The update will be placed on the NOC website for download. The user is responsible for downloading the latest version of Poltips from our website. If it is not possible to download the latest version the user may request by e‐mail for the latest version to be sent by post.
Warranty and Liability
(i) If the product, CD, memory stick or download is defective the NOC will replace it at no charge provided the defective item is returned within sixty (60) days from the date of despatch from the NOC.
(ii) The NOC will refund the purchasing price provided all items and packaging are returned to the NOC within thirty (30) days from the date of despatch from the NOC.
(iii) The latest version of Poltips will be available to download from our web site.
(iv) The NOC will endeavour to contact all registered customers by email informing them that a new update has been placed on the web ready to download.
(v) The NOC will provide technical support for Poltips to users by email.
(vi) We do not guarantee that the functions contained in Poltips will meet your requirements or that the operation of the program will be either error free or appear precisely as described in any documentation describing Poltips.
(vii) No responsibility can be accepted by the NOC for any consequential loss or damage arising from any use that is made of Poltips and output from Poltips howsoever caused.
(viii) All implied warranties, terms, representations and conditions, including (by way of example only) the implied conditions of satisfactory quality and fitness for any purpose of the information, are excluded to the fullest extent permitted by law.
(ix) This Agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
Version Specific Information
Standard Version
(x) Poltips is provided only for the use of the customer and by its employees (or members if the customer is a club or society) and other people acting on behalf of the customer. It is not intended for use by others and the customer may not republish any of the output in any form. Exception: If the customer is a club or society information may be published on a notice board in a club house or meeting room and disseminated to its members for club/society related activities.
(xi) The NOC will not be liable for any losses suffered by the customer caused by its republication of the information, nor will the NOC be liable for any losses suffered by any third party who relies on the information republished by the customer.
(xii) Any published information must be supplied to users in the form in which it is provided by the NOC. The NOC will not be liable for any inaccuracies or omissions in the information if the error would not have occurred if the customer had not made the alteration.
Customised / Publishers Version
(xiii) The NOC will not be liable for any losses suffered by the customer caused by its republication of the information, nor will the NOC be liable for any losses suffered by any third party who relies on the information republished by the customer.
(xiv) Any published information must be supplied to users in the form in which it is provided by the NOC. The NOC will not be liable for any inaccuracies or omissions in the information if the error would not have occurred had the customer not made the alteration.
(xv) When data is reproduced in a publication, an acknowledgement must also be printed in the publication with the following wording: Tidal Predictions for (Port Name) computed by software developed at the National Oceanography Centre, UK : Copyright Reserved.
User Data Version
(xvi) The NOC will not be liable for any inaccuracies in the results caused by inappropriate, inaccurate or incomplete data being entered by the customer. The customer is responsible for validating their input data and checking the correct entry of any values being read by Poltips.
Additional Terms and Conditions Relating to Electronic / Website Publication of Tidal Predictions
(xvii) Users of the Customised / Publishers Version can publish a maximum of three months advanced tidal predictions on a public free‐access website on the condition that: i) the UK National Oceanography Centre is identified as the original source of the data; and ii) the NOC is notified of the website where they are to be published (email products@noc‐innovations.co.uk), in order that the data may be checked for any errors in reproduction.
(xviii) Users of the Standard Version can publish a maximum of three days advanced tidal predictions on a public free‐access website on the same conditions stated in the previous paragraph, and a link to http://noc.ac.uk/ is given on the web page.
(xix) Publication of the data in an e‐book or mobile phone app is permitted provided the Customised/Publishers version of the software has been purchased. Users of the standard version of the software cannot publish the data in any electronic form except for that specified in paragraph (xviii).
(xx) The copyright statement should read: “Tidal data for (Port Name) computed by POLTIPS software developed at the National Oceanography Centre, UK : Copyright reserved”