Norwegian iConcierge App License Agreement and Terms of Use

This is an agreement between you and NCL (Bahamas) Ltd. d/b/a Norwegian Cruise Line (with its Affiliates, “Licensor”, “Us” or “We”) that govern your use of the Norwegian iConcierge Application for your mobile device together with any update and enhancements to it the Norwegian iConcierge App”) that We make available to you for accessing digital content and other services (the “Services”) on your mobile device (e.g. Apple iPhone or iPad, Android device or Microsoft Windows mobile device)(each a “Mobile Device”). Your use of the Norwegian iConcierge App is subject to the terms of this Agreement. Please read this Norwegian iConcierge App License Agreement and Terms of Use and all rules, policies and terms related to the Services you use through the Norwegian iConcierge App (collectively, the “Terms of Use”). If you use the Norwegian iConcierge App, You will be bound by these terms of use. You hereby agree that your use of the Norwegian iConcierge App constitutes your acceptance of the Terms of Use. 1. Use of the Norwegian iConcierge App. Subject to these Terms of Use, We hereby grant you a personal, limited, nonexclusive, nontransferable, nonsublicenseable license to install and use the Norwegian iConcierge App on your Mobile Device. You may use the Norwegian iConcierge App only in connection with the Services and as permitted by these Terms of Use. You may not: (a) separate any individual component of the Norwegian iConcierge App for use other than in connection with the Services provided through it, (b) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, (c) transfer it for use with another service, or (d) sell, rent, lease, lend, loan, distribute, publicly communicate, transform, or sub-license the Norwegian iConcierge App or otherwise assign any rights to the Norwegian iConcierge App in whole or in part. No maintenance or support services for the Norwegian iConcierge App are implied by this Agreement and none will be provided except at the sole discretion of Licensor. 2. Payment, Refund and Taxes Policy. You may download the Norwegian iConcierge App on your mobile device at no charge. Select services which are made available to You on your Norwegian iConcierge App may have a charge associated with their use. Any charge which you may incur after purchasing select services on your Norwegian iConcierge App shall be applied to your onboard folio account. Billing shall occur at the time or shortly after your transaction. You agree that you will pay for any Service purchased on the Norwegian iConcierge App for which a charge is applicable. We may charge your folio for any Service purchased for which a charge shall apply. The total price charged to You for the purchase of such Service will include: 1. the price of the Service purchased on the Norwegian iConcierge App plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time You download the Norwegian iConcierge App. We will charge tax only in states where digital goods are taxable. The pricing of the Norwegian iConcierge App may change at any time and We do not provide price protection or refunds in the event of a price reduction or promotional offering. If technical problems prevent or unreasonably delay the delivery of the Norwegian iConcierge App, your exclusive and sole remedy is either replacement or refund of the price paid for the Norwegian iConcierge App as We may determine. 3. Shore Excursion Purchases. One of the Services available through the use of the Norwegian iConcierge App is the option to purchase shore excursions. Many of the shore excursions available for sale have age requirements. You hereby agree that You will only purchase shore excursions for yourself or any other individual for which You and such other individuals if You comply with the age requirements of the shore excursion. 4. Carrier Charges. You recognize that you are responsible for paying all roaming charges, data charges, text message (SMS) charges, plan charges, overage charges and any other possible charges that result because of the use of the Norwegian iConcierge App. You agree to pay all charges to your carrier and confirm that We are not responsible for paying any charges to your carrier. You hereby agree that in the instance that You fail to deactivate your mobile device You will be responsible for any roaming charges incurred. 5. No Reverse Engineering. You may not, and You will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Norwegian iConcierge App, whether in whole or in part, or create any derivative works from or of the Norwegian iConcierge App. 6. Updates. In order to keep the Norwegian iConcierge App up-to-date, We may offer automatic or manual updates at any time and without notice to You. The updates are designed to improve and enhance the Norwegian iConcierge App and may take the form of software fixes and new functionality. If We elect to provide maintenance or support of any kind, We may terminate that maintenance or support at any time without notice to you. 7. Export Regulations. You will comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities that may apply to the Norwegian iConcierge App, and not to transfer, or encourage, assist, or authorize the transfer of the Norwegian iConcierge App to a prohibited country or otherwise in violation of any applicable restrictions or regulations. 8. No Illegal Use and Reservation of Rights. You may not use the Norwegian iConcierge App or the Service for any illegal purpose. The Norwegian iConcierge App is the intellectual property of Licensor and its licensors. The structure, organization, and code of the Norwegian iConcierge App are valuable trade secrets and confidential information of Licensor. The Norwegian iConcierge App is protected by law, including without limitation copyright laws and international treaty provisions. Except for the rights explicitly granted to you in these Terms of Use, all right, title and interest in the Norwegian iConcierge App and the Services are reserved and retained by Us and our Licensors. You do not acquire any intellectual property or other rights in the Norwegian iConcierge App as a result of downloading the Norwegian iConcierge App. 9. Account Registration; Use of Data. (a) You may register your Mobile Device with your onboard cabin and establish an account (the “Account”) with Us. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Us of any security breach of your Account using the contact information provided in Section 20 of this Agreement. We shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with Us, and as you use, the Norwegian iConcierge App and the Services (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that We may store and use the Registration Data you provide for use in maintaining your Account, to provide the Services and other technologies to you, billing fees to your Account (if applicable), and improving the Norwegian iConcierge App. (b) You agree that We may collect, store and use technical data and related information (“Technical Data”)—including but not limited to technical information about your Mobile Device, system and application software, and peripherals—that is gathered periodically to maintain your Account, to provide Services and other technologies to you, to provide updates and support for the Norwegian iConcierge App. and to improve the Norwegian iConcierge App. (c) You hereby agree that when you click on or look at certain items, We may store data and use it for our internal analytics to improve our Service. This information includes but is not limited to the session ID, user ID or username and session length. 10. Disclaimer of Warranties and Limitation of Liability. (a) You expressly acknowledge and agree that installation and use of, and any other access to the Norwegian iConcierge App is at your sole risk.. The Norwegian iConcierge App is delivered to you “As Is” with all faults and without warranty of any kind, and Licensor, its Licensors and distributors, wireless carriers over whose network the Norwegian iConcierge App is distributed, and each of their respective affiliates and suppliers (collectively, the “Released Parties”) disclaim all warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. No oral or written information or advice given by a released party or an authorized representative or a released party will create a warranty. The laws of certain jurisdictions do not allow the disclaimer of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.. (b) Subject to section 10(c) below and to the extent not prohibited by law, no released party will be liable to You for any incidental or consequential damages for breach of any express or implied warranty, breach of contract, negligence, strict liability or any other legal theory related to the Norwegian iConcierge App or the Services, including without limitation any damages arising out of loss of profits, revenue, data or use of the Norwegian iConcierge App or the Services, even if a released party has been advised of the possibility of such damages. In any case, any released party’s aggregate liability under these Terms of Use will be limited to $50.00. The laws of certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. If these laws apply to You, some or all of the above exclusions or limitations may not apply to You, and You may have additional rights. (c) Subject to the provisions in Subsection 10(c)(iii) below, the Released Parties’ statutory liability for damages (regardless of the legal grounds of any claim) will be limited as follows (provided, however, that any applicable broader statutory limitations of the Released Parties’ liability will remain unaffected): (i) The Released Parties will be liable only up to the amount of damages that are typically foreseeable at the time of your consent to the Terms of Use with respect to damages caused by a breach of contractual obligation (e.g., a contractual duty the fulfillment of which enables the proper implementation of these Terms of Use between You and Us, the breach of which will endanger the purpose of the agreement and on the fulfillment of which You would regularly rely); (ii) The Released Parties will not be liable for damages caused by a simple negligent non-material contractual obligation; and (iii) The aforesaid limitation of liability will not apply to any mandatory statutory liability or liability for damages caused by willful or grossly negligent misconduct, or any kind of willfully or negligently caused personal injuries. 11. Indemnification. You are liable for and will defend, indemnify, and hold harmless the Released Parties and their officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of your use of the Norwegian iConcierge App or the Services, violation of the Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights. 12. Use of Third Party Services. When you use the Norwegian iConcierge App or the Services, You may also be using the Services of one or more third parties, such as a wireless carrier or mobile platform provider, (collectively and individually, “Third Party Services”), and You acknowledge that your use of those Third Party Services may be subject to the separate policies and terms of use, including fees, of one or more third parties. Third Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third Party Services, You acknowledge and agree that We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person for any Third Party Services, Third Party Materials or websites, or for any other materials, products, or Services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to You. Location data provided by any Third Party Services is for basic navigational purposes only, may not be accurate, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. You agree that any Third Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the Third Party Services. 13. Information Received. The Norwegian iConcierge App will provide Us with data about it and its interaction with the content You access using the Norwegian iConcierge App and your use of it. Any information provided to Us may be stored on servers onboard and in the U.S. and is subject to these Terms of Use. 14. Changes to the Service. We may modify, suspend, discontinue, or terminate your right to use part or all of the Norwegian iConcierge App or the Services at any time without notice to you, and in that event We may modify the Norwegian iConcierge App to make it inoperable. Licensor will not be liable to You should it exercise those rights. 15. Termination. You may terminate these Terms of Use at any time by uninstalling or destroying all copies of the Norwegian iConcierge App that are in your possession or control. Your rights under these Terms of Use will automatically terminate without notice from Us if you fail to comply with any of its terms. In the case of termination, You must cease all use and destroy all copies of the Norwegian iConcierge App, and We may immediately revoke your access to the Services without notice to You. We may also terminate your right to use the Norwegian iConcierge App at any time and if We do so, We may modify the Norwegian iConcierge App to make it inoperable. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights. 16. Amendment. We may amend any of these Terms of Use at our sole discretion by posting the revised terms within the Norwegian iConcierge App. Your continued use of the Norwegian iConcierge App or the Service after any amendment's effective date evidences your agreement to be bound by it. 17. Conflicts. The terms of these Terms of Use govern the Norwegian iConcierge App and any updates or upgrades to the Norwegian iConcierge App that we may provide that replace or supplement the original Norwegian iConcierge App, unless the update or upgrade is accompanied by a separate license, in which case the terms of that license will govern. If We provide specific terms of use for a particular Service and there is a conflict between the specific terms of use for the particular Service and these Terms of Use, the specific terms of use for the particular Service will govern. 18. Additional Terms. (a) Additional Apple Device Terms. This Section 18(a) applies to You only if You use the Norwegian iConcierge App on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); Section 18 does not apply to You if You do not use the Norwegian iConcierge App on an Apple Device. As between Us and Apple, Inc., We are solely responsible for the iConcierge App on your Apple Device, and you may use the Norwegian iConcierge App on your Apple Device only as permitted by these Terms of Use and the “Usage Rules” set forth in the Application Store Terms and Conditions. Furthermore, as between Us and Apple Inc., to the extent that: (a) We are required to address any claims related to your or a third party’s use or possession of the Norwegian iConcierge App on your Apple Device, We will be responsible for addressing, investigating, or defending the claim, and (b) We have not effectively disclaimed any warranties relating to the Norwegian iConcierge App on your Apple Device, We will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Norwegian iConcierge App on your Apple Device fails to conform to any warranty. If the Norwegian iConcierge App on your Apple Device fails to conform to any applicable warranty, you may notify Apple Inc. for a refund of the purchase price of the Norwegian iConcierge App on your Apple Device, if any. Apple Inc. will not have any other warranty obligations whatsoever with respect to the Norwegian iConcierge App on your Apple Device. Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use and upon your acceptance of these Terms of Use, Apple Inc. and its subsidiaries may enforce these Terms of Use against You as a third party beneficiary of these Terms of Use. (b) Additional Android Device Terms. This section 18(b) applies to You only if You use the Norwegian iConcierge Apps on a Mobile Device with an Android operating system. Your use of the Norwegian iConcierge Apps are subject to the Android Market Terms of Service found at http://www.google.com/mobile/android/market-tos.html. (c) Additional Microsoft Device Terms. This section 18(c) applies to You only if You use the Norwegian iConcierge Apps on a Mobile Device with a Microsoft operating system. Your use of the Norwegian iConcierge Apps are subject to the terms of Microsoft’s Zune terms of service found at http://www.zune.net/en-US/legal/termsofservice.htm. 19. Miscellaneous. (a) These Terms of Use constitute the entire agreement between You and Us and govern your use of the Norwegian iConcierge App and the Services, superseding any prior agreements between You and Us. You also may be subject to additional terms and conditions that may apply when You use Third Party Services. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. (b) We shall not be responsible for failures to fulfill any obligations due to causes beyond our control. (c) The Services are operated by Us from our offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Norwegian iConcierge Apps or the Services. These Terms of Use are governed by Florida law, without giving effect to its conflict of law provisions. You expressly agree that exclusive jurisdiction for any claim or dispute with Us or relating in any way to your use of the Norwegian iConcierge App or the Services resides in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, or in the 17th Judicial Circuit of Florida, Broward County, Florida. (d) We may notify You with respect to these Terms of Use by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the Services. Notices shall become effective immediately. (e) We reserve the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use. You agree that We have the right, without liability to You, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as We believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use. 20. Contact Information. For communications concerning these Terms of Use, please write to mobileapphelp@ncl.com. 21. Intellectual Property. You hereby agree that Licensor’s trademarks, servicemarks, graphics, and logos of the Licensor are trademarks of the Licensor. You are granted no right or license with respect to any of the aforementioned trademarks, servicemarks, graphics or logos. 22. Severability. In the event any term of this Agreement is found by any Court to be void or otherwise invalid, the remainder of this Agreement shall remain valid and enforceable.