License Terms

1. Scope

These terms apply to the use of the software SonarMapper (up to version 1.0.2 "PulseMapper", hereinafter "Software"), including updates, documentation and sample files. The provider is SonarMapper, owner Manuel Bucher, Fürnsaler Steig 23, 72175 Dornhan, Germany. Deviating terms of the licensee only apply if the provider expressly agrees to them in writing. Contract terms agreed for public-sector customers (e.g. EVB-IT) take precedence over these terms insofar as they have been expressly agreed. When bought in the online shop, Paddle.com Market Limited is the seller (reseller); its buyer terms (https://www.paddle.com/legal/buyer-terms) then also apply to the purchase, payment and refunds. The use of the Software is governed by these terms.

2. Right of use

2.1 With the purchase, the licensee receives a simple, non-transferable right to use the Software for the term of the license (section 3).

2.2 The license is valid for the number of computers agreed at purchase. The Software is activated with a license key and bound to the respective computer. An activation can be released in the Software under Menu › License and used again on another computer.

2.3 The licensee may use the Software within its organization through its own employees, members and emergency personnel.

3. Term, updates and add-on modules

3.1 The license is valid for two years from purchase. All updates released during this time are included.

3.2 The license can be renewed for a fee for one year at a time, before or after it expires. The new term follows the current one; after expiry it starts with the renewal. The license does not renew automatically (no subscription). Without a renewal, the right of use ends when the term expires. The Software gives notice beforehand and remains usable for 14 days after expiry.

3.3 Add-on modules (e.g. Sidescan) are not part of the basic scope of the license and are purchased separately. They apply for the term of the license they were added to and on all of its computers. When the license is renewed, they continue at no extra charge.

3.4 Project files, exports and reports of the licensee remain with the licensee after the term expires.

3.5 If the purchase price is refunded (e.g. "14-day money-back" or withdrawal), the right of use ends. The provider then blocks the license; the Software stops working at its next check with the license server.

4. Restrictions

Without the provider's prior consent, it is not permitted

1. to pass on, rent, lend or make publicly available the Software or license keys to third parties,
2. to bypass or modify the license check,
3. to decompile, disassemble or otherwise reverse engineer the Software, unless this is mandatorily permitted under Section 69e of the German Copyright Act (UrhG),
4. to remove copyright notices, labels or source attributions.

5. Purpose of the Software and limits of the results

5.1 The Software is used to evaluate echo sounder, sonar and survey data. From these it creates depth maps, contour lines, area and volume figures, side-scan images and reports.

5.2 Depths between the survey points are interpolated from the available measurements, i.e. estimated by calculation, and smoothed for a better display. The results may differ from the actual conditions. The accuracy depends in particular on

1. the measuring device, transducer, installation and device settings,
2. the accuracy of the GPS position,
3. the spacing and course of the survey lines,
4. the water level, the bottom of the water body (e.g. mud, vegetation) and the conditions during the survey,
5. the settings chosen in the Software (e.g. grid, smoothing, boundary, filters, transducer depth, water level).

5.3 The quality figures output by the Software (measured share, distance to the nearest survey point, cross-check) describe the calculated depth model. They are not a statement about the accuracy of the echo sounder and GPS and no guarantee for individual values.

5.4 The Software does not replace an official or hydrographic survey and is not intended for navigation. Results on which decisions relevant to the safety of persons or property are based (e.g. diving and rescue operations, navigability, construction or dredging work) must be checked by the user on their own responsibility and, if necessary, confirmed by suitable measurements on site.

5.5 The licensee decides for themselves whether the Software is suitable for their purpose. They are responsible for its use, the chosen settings and the use of the results.

6. Basemaps and online services

6.1 The Software can optionally load basemaps (basemap.de of the BKG, OpenStreetMap) and outlines of water bodies (OpenStreetMap via the Overpass service) from the internet. These services are operated by third parties; their availability and correctness are not guaranteed. Their terms of use and source attributions apply.

6.2 The Software can also be used without an internet connection. Activating and updating the license requires an internet connection or an activation code.

7. Data protection

7.1 Survey data, projects and reports are stored exclusively on the user's computer and are not transmitted to the provider.

7.2 When the license is activated, updated or released, the license key, a computer identifier derived from the hardware and the computer name are transmitted to the provider's license server. With an internet connection the Software also checks at program start, at most once a week, whether the license has changed (renewal, modules). These data are used exclusively for license management.

7.3 When basemaps or outlines of water bodies are loaded, the displayed map section is transmitted to the respective map service. This can be switched off by turning off the basemap or not using online detection.

8. Warranty

8.1 The statutory warranty rights apply. According to the state of the art, it is not possible to create software that is completely free of errors.

8.2 Defects must be described to the provider as precisely as possible, if possible with the log file (path under Menu › About SonarMapper) and the affected data.

8.3 If the licensee is a business (§ 14 German Civil Code), a legal entity under public law or a special fund under public law, claims for defects become time-barred one year after the Software or the respective update was made available. This does not apply to claims under section 9.1. Towards consumers the statutory periods apply.

9. Liability

9.1 The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of an assumed guarantee.

9.2 In the case of slight negligence, the provider is only liable for the breach of an essential contractual obligation, the fulfillment of which makes the proper performance of the contract possible in the first place and on whose compliance the licensee may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded. If the licensee is a business (§ 14 German Civil Code), a legal entity under public law or a special fund under public law, it is also limited to the price paid for the license.

9.3 The provider is only liable for the loss of data to the extent that would have occurred with regular and appropriate data backup by the licensee.

9.4 Otherwise, liability is excluded. The above limitations also apply to the personal liability of the provider's employees and agents.

10. Third-party software

The Software contains components of third parties under free licenses (including Qt/PySide6 under the LGPL-3.0, NumPy, SciPy, Matplotlib, VTK). A list with the respective licenses is available in the Software under Menu › About SonarMapper. The license terms of these components take precedence for them. Rights granted by these licenses (e.g. replacing the LGPL libraries) remain unaffected.

11. Final provisions

11.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the country of their habitual residence.

11.2 If the licensee is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the provider's registered office.

11.3 Should any provision be invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.

11.4 These terms are available in German and English. In case of discrepancies, the German version prevails.