NOTICE TO USERS OF THE SIO VISUALIZATION CENTER VISUAL OBJECTS NOTICE TO USERS OF THE MBARI HAWAII MULTIBEAM SURVEY DATA BEFORE YOU USE ANY DATA, TEXT, IMAGES OR OTHER MATERIALS ON THIS WEBSITE (THE "DATA"), CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. BY USING ANY OF THESE MATERIALS, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY MATERIALS ON THIS WEBSITE. 1. Description and Ownership of Data. These Data are provided by the Scripps Institution of Oceanography ("SIO") and where applicable, the National Aeronautics and Sapce Administration ("NASA"), Monterey Bay Aquarium Research Institute ("MBARI") and the United States Geological Survey ("USGS") for research and educational purposes only. Where applicable, the Data are owned and copyrighted by MBARI, NASA or the USGS. Portions of the Data have been furnished and are copyrighted by the National Imagery and Mapping Agency. 2. License to Use. You are hereby granted a non-exclusive license to use, copy, and modify the Data for research and educational purposes only. You are permitted to disseminate the Data to others for these purposes only, provided that this notice appear on all copies. 3. Prohibited Uses. You are not permitted to make any commercial use of the data, to sell, assign, sublicense, or otherwise transfer the Data or to remove any copyright notice, without prior written permission from SIO and, where relevant, MBARI, NASA or the USGS. The Data have not been designed as a navigational aid, and you are not permitted to use them for this purpose. In addition, you are not permitted to use SIO's, MBARI's, NASA's or the USGS's name or its initials (a registered trademark) or to suggest that SIO or MBARI, NASA or the USGS endorses your project or product, without its express written consent. 4. Warranty. The Data are made available to you AS-IS. SIO and, where relevant, MBARI, NASA or the USGS make no warranty, express or implied, as to the Data, their title, noninfringement of third party rights, merchantability, or fitness for any particular purpose, the accuracy of the Data, or the performance or results which you may obtain from their use. You assume the entire risk associated with use of the Data, and you agree to be responsible for the entire cost of repair or servicing of the program with which you are using the Data. SIO or MBARI, NASA, the USGS will not provide any technical support of the Data. 5. Liability and Indemnification. In no event shall SIO or MBARI, NASA, or the USGS be liable for any damages, whether general, special, incidental, or consequential damages, arising out of your use of the Data, including, but not limited to, the loss or corruption of your data or damages of any kind resulting from use of the Data as a navigational aid, any other prohibited use, or your inability to use the Data. Your sole remedy for damages is to stop using the Data. You agree to defend, indemnify and hold harmless SIO and MBARI, NASA, or the USGS and its officers, directors, and employees against any claim, loss, liability or expense, including attorneys' fees, resulting from loss of or damage to property or the injury to or death of any person arising out of the use of the Data. 6. NIMA. The following information and caveats apply to the "land" shapefile representing the Hawaiian Islands coastline which has been derived from products originating from the National Imagery and Mapping Agency. 6.a. This product was developed using DNC, a product of the National Imagery and Mapping Agency. "DNC" and "Digital Nautical Chart" are registered trademarks of the National Imagery and Mapping Agency. 6.b. This product has neither been endorsed or authorized byt the National Imagery and Mapping Agency, or the U.S. Department of Defense per 10 U.S.C. Section 425. 6.c. Neither the National Imagery and Mapping Agency nor its personnel are required to provide technical support or general assistance with respect to the data used in this product. 6.d. Warranty disclaimers: 6.d.1. Under 10 U.S.C. section 456, no civil action may be brought against the United States on the basis of the content of a navigational aid prepared or disseminated by either the former Defense Mapping Agency or NIMA. 6.d.2. The data used in this product were developed to meet internal requirements of the United States Department of Defense. The material is provided 'as is', and no warranty, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose or arising by statute or otherwise in law or from a course of dealing or usage in trade, is made by NIMA as to the accuracy and functioning of the material. 6.d.3. Neither NIMA nor its personnel will be liable for any claims, losses, or damages arising from or connected with the use of this data. The user agrees to hold harmless the United States National Imagery and Mapping Agency. Copyright (c) 2004, Scripps Institution of Oceanography, University of California, San Diego. 9500 Gilman Drive, La Jolla, CA 92092-0225. All rights reserved. Copyright (c) 2000, Monterey Bay Aquarium Research Institute, 7700 Sandholdt Road, Moss Landing, CA 95039-0628. All rights reserved.