License Agreement

VOLNA SW License Agreement
Version 1.0 dated May 24, 2017

1. Subject of License Agreement
1.1. The present license agreement shall cover VOLNA software package (VOLNA SW, Software) developed by FAI Russian Maritime Register of Shipping (hereinafter the Register, RS) is a facility to acquire, keep and assess measuring results for residual thicknesses and parameters related to other defects of ships, ship devices and pipeline hull structures according to the requirements stated in the Register Rules. The subject of the License Agreement shall be granting the right to use VOLNA SW (non- exclusive license). Non exclusive-license shall be granted for free for the period when Certificate on recognition is valid to be issued by the Register according to the RS Rules (hereinafter the Certificate on recognition).
1.2. The present License Agreement shall be valid during the period when the Certificate on recognition is valid. Once the Certificate on recognition expired, the user shall undertake deleting (de-installing) any copy of VOLNA SW from any computer where they were installed.
1.3. A copy of VOLNA SW shall be provided for free download in volna-global.rs-class.org.
1.4. FAI Russian Maritime Register of Shipping shall have exclusive rights for distribution and licensing of VOLNA SW. VOLNA SW may comprise third party’s software products, and their modules and/or components, which rights for distribution and licensing are also possessed by FAI Russian Maritime Register of Shipping.
1.5. The user shall not handover the software to third parties in any form and anywise.

2. Using VOLNA SW
2.1. The Register shall grant the User use of VOLNA SW according to the provisions herein for the period when the Certificate on recognition is valid.
2.2. User shall be permitted to use the Software to record and assess measuring results for residual thicknesses and parameters related to other defects of hull structures according to provisions set forth in VOLNA SW User manual, and provisions herein.
2.3. VOLNA SW shall be provided ‘as is’, free from any guarantee, including but not limited to, guaranties for continuous availability, troubleproof and error free operation, and compliance with User’s purposes and expectations. Software functional (program) capabilities shall be determined by the Register, and it may change thereof without warning unilaterally. Software functionality examples shown in the Agreement shall have an informational nature in order to determine a possible pool of issues accompanying obligations that arise from the Contract or RS Rules and Guidelines, and may not be considered as the guaranty of the Register to support any functional whatsoever.
2.4. The Register shall reserve the right to refuse accepting results generated in VOLNA SW in cases established by the RS Rules.
2.5. The Parties shall recognize that using VOLNA SW is not the only way to transfer or manage information (documents) when the Register renders service. In this connection, when it is impossible to transfer data (documents) using VOLNA SW to the Register (including due to technical reasons), the User shall undertake submit such info by other ways, when submitting such data (documents) is stipulated by RS Rules and Guidelines.
2.6. The present License Agreement shall be granted only for cases when documenting measuring results for residual thicknesses and parameters related to other defects of on vessels having effective RS classes, or on vessels being accepted in RS class. Using the Software in other cases shall not be permitted.
2.7. Refer to the User manual for the minimum requirements for computer to use the Software.
2.8. The Register free from any obligation may provide technical and advice support for the Software via email volna@rs-class.org. The Register fails to guarantee that such a support will be rendered in any case and any time.
2.9. The Register free from any obligation shall ensure the Software is updated. The present License Agreement shall be valid for all updates of VOLNA SW newly issued.

3. Liabilities.
3.1. The Register shall bear no liabilities whatsoever with respect to results documented in VOLNA SW incorrectly.
3.2. The Register shall bear no liabilities in case of undeliberate failure in operation of the Software resulted in loosing data in VOLNA SW.
3.3. The Register shall bear no liabilities with respect to User’s actions implemented using VOLNA SW, and to any kind of loss incurred due to using VOLNA SW by the User.
3.4. The Register shall bear no liabilities with respect to damage and other unfavorable sequences for User occurred as a result of third party’s access to VOLNA SW arising from User’s disclosure or loss of authentication data thereof.
3.5. The Register shall bear no liabilities with respect to sequences of unauthorized access and use of VOLNA SW, including information contained therein by third parties, in case such access or use occurred not through the fault of Register. In any case, to such circumstances technical disturbance in network, servers or software shall be referred being beyond RS control.
3.6. The Register shall bear no liabilities with respect to negative sequences, including damage incurred by the User in case of break, delays, errors in operation of software, and other errors that impact use of VOLNA SW occurred not through the fault of Register.
3.7. The Register shall bear no liabilities with respect to sequences caused by act of god, virus program propagation, and illegal action of third parties.
3.8. The User shall bear financial liabilities for any expense related to use of VOLNA SW herewithin.

4. Confidentiality.
4.1. Documents executed in the software shall be confidential, and may not be handed to entities that fail to be representatives of the Register or shipowner according hereto.

5. License Agreement validity
5.1. Any Party shall be entitled to interrupt validity period hereof by warning counter party on the case in writing at least in 10 days.
5.2. In case the License Agreement is anulled, the User shall undertake immediately VOLNA SW from all its computers and warn the RS on the case in writing.
5.3. The Register shall be entitled at liberty terminate User’s access to VOLNA SW, interlock definite functions (in case it is possible technically), or refuse unilaterally from the present Agreement without giving reasons including the cases as follows:
– in case User breached provisions of the Agreement or effective laws;
– in case User’s actions generate threat to operability of VOLNA SW, or other software of the Register;
– in case User’s actions inflict or may inflict damage to the Register.

6. Revisions, amendments
The present License Agreement may be altered by the RS in any time notifying registered users by well established way.

7. Contact information
Interconnection between the Register and User as to any issue related to VOLNA SW License Agreement shall be implemented at:

FAI “Russian Maritime Register of Shipping”
Russia, 191186,
Saint Petersburg
Dvortsovaya quay, 8
Telephone: +7 812 3802072
Fax: +7 812 3141087
e-mail: volna@rs-class.org

8. Inconsistency
In the case of any inconsistency between the text of the present Agreement in Russian and English, the text in Russian shall prevail.