Terms and Definitions

Updated on 14 May 2025

Commercial Terms and Definitions

 

These are the terms and definitions that constitute the Data Protection Agreement under which the Scheme Administrator provides services to the Original Equipment Manufacturer (OEM) and the Data Server.

In the event of any conflict or inconsistency between the terms of the Agreement, and unless explicitly stated otherwise within the Agreement, the Commercial Terms shall prevail over the General Terms.

 

Terms Definitions
Parties and Entities

Parties

means the Scheme Administrator, the OEM and the Data Server, and ‘Party’ shall mean each of the Parties.

Scheme Administrator

International Hydrographic Organization, an intergovernmental organisation headquartered in the Principality of Monaco, whose principal place of business is at 4b quai Antoine 1er, B.P. 445, MC 98011 MONACO CEDEX.
OEM is the legal entity named in the Application, incorporated and registered in the country set out in the Application, with the company number set out in the Application, whose registered office and principal place of business (if different) is as set out in the Application.
Data Server means an organisation producing encrypted ENCs and datasets for use in an ECDIS;
Scheme Participant means the OEM’s and Data Servers's status as a participant of the Data Protection Schemes is approved following notification by the Scheme Administrator in accordance with clause 3.4(b) that the OEM’s /Data Server Application has been successful;
OEM Customer means a customer of the OEM;
Application and Fees
Application the completed form submitted by the OEM/Data server to request participation in the scheme.
Application Fee

The fee specified in the Application or notified by the Scheme Administrator for Application Services, payable per clause 7.
Annual Fee

The annual subscription fee specified in the Application or notified by the Scheme Administrator for Specification Services and Schedule 4, payable per clause 7.
Services

Services

means the Application Services and/or the Specification Services.

Application Services

means the assessment by the Scheme Administrator of an Application by an OEM/Data Server to become a Scheme Participant.

Specification Services (OEM)

means the provision by the Scheme Administrator to the OEM of the following:

  • Proprietary Information;
  • Test Dataset (S-100 IHO S-64; IHO S-164);
  • S-100 IHO S-52 Presentation Library;
  • S-62 Producer Codes;
  • Catalogues (Portrayal Catalogue and Feature Catalogue).
Specification Services (Data Server)

means the signing and issuing by the Scheme Administrator to the Data Server of  the following digital Certificates:

  • "certificate" (Data Server Certificate), "metadata", "publk" and "ssk" for the S-63 Data Protection Scheme; and
  • “S-100 Data Server Certificate” for the S-100 Data Protection Scheme
Date and Periods

Commencement Date

means the date the OEM/Data Server submits its Application to become a Scheme Participant to the Scheme Administrator in accordance with clause 3.1(a) in the Agreement.
Subscription Period means the twelve month period commencing on the Subscription Period Start Date; and following the first such subscription period, each subsequent twelve month period commencing on the anniversary of the Subscription Period Start Date; 
Subscription Period Start Date has the meaning given to it in clause 3.4(b);
Quarterly Review Months means January, April, July and October of each year;
Technical Terms
ECDIS means electronic chart display system, being a type of approved navigation system utilising ENCs compliant with IMO ECDIS Performance Standards and IEC 61174;
ENC means electronic navigational chart, the navigational base layer of the ENDS, as this is defined by the ENC product specification in IHO S-57 data transfer format or S-101, is the ENC.;
ENDS means electronic navigational data service, which is a special-purpose database compiled from nautical chart and nautical publication data, standardized as to content, structure and format, issued for use with an ECDIS by or on the authority of a government, authorized hydrographic office or other relevant government institution, and conforming to the Scheme Administrator’s standards; and, which is designed to meet the requirement of marine navigation and the nautical charts and nautical publications carriage requirements in SOLAS regulations V/19 and V/27. The navigational base layer of ENDS is the ENC.
EPS means the ENC or dataset processing system, being an application or set of applications developed or used by the OEM to process and operate on protected datasets to display the chart information;
SENC means System ENC, being the conversion of the S-57 data into the S-57 proprietary format, and is a database in the OEM’s internal ECDIS format resulting from the lossless transformation of the entire ENC contents and its updates, accessible by an ECDIS for the display generation and other navigational functions.
System Database means a database, in the OEM's internal ECDIS format, resulting from the lossless transformation of the ENDS contents and its updates. It is this database that is accessed by ECDIS for the display generation and other navigational functions, and is equivalent to up-to-date ENDS.
Security and Protection
Data Protection Schemes means the set of tools, procedures and definitions to encrypt/decrypt and digitally sign/authenticate signatures to ENC and datasets, in accordance with and as defined under the IHO S-63 and/or the IHO S-100 product standards and specifications;
User Permit means the encrypted form of Hardware ID under the Data Protection Schemes.
Cell / Data Permit means a file containing the dataset encryption key, created specifically for a particular User;
Cell Key means key used to produce encrypted ENC and datasets, and required to decrypt the encrypted ENC or dataset information;
User means the person(s) who purchases protected ENC or datasets or operates the EPS, excluding personnel employed or hired by the OEM to service the EPS; and
M_ID means the manufacturer identity provided by the Scheme Administrator to the Scheme Participant;
M_Key means the manufacturer key provided by the Scheme Administrator to the Scheme Participant enabling the Scheme Participant to create a User Permit;
Hardware ID means as defined in clause 1.1(a);
Proprietary Information means the M_ID and the M­_KEY;
Data Protection Legislation

means all applicable data protection and privacy legislation in force from time to time in the UK and the EU including:

  1. Regulation (EU) 2016/679 of the European Parliament and of the Council;
  2. the UK GDPR (as defined in section 3(10) and  supplemented by section 205(4) of the Data Protection Act 2018);
  3. the Data Protection Act 2018; and
  4. the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended;
Catalogues and Resources
Feature Catalogue means machine reaable catalogue of features in any S-100 based product specifications;
Portrayal Catalogue means Machine readable catalogue of symbols, lines styles, patterns etc in any S-100 based product specifications;

S-100 IHO S-52 Presentation Library

 A portrayal resouce based on the S-52 presentation library, adapted for the dual fueal use with S-100 ECDIS. 
S-62 Producer Codes means the list of codes issued to hydrographic data producers and other governmental bodies and institutions;
Legal and Administrative Terms

Permitted Purpose

means for use of the Specification Services, in compliance with the terms of the Agreement and subject to any restrictions in the Agreement.
Confidential Information means the Proprietary Information and all other confidential information or data in any form or medium;
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
Control has the meaning given to it by Section 1124 of the Corporation Tax Act 2010;
Business Day means any day other than a Saturday or Sunday or public holiday in England;

Notice Details

Scheme Administrator: is IHO Director or a staff member acting in that  capacity.  

OEM/Data Server: is the name, title and email address for the relevant individual set out in the Application.
Legacy Arrangement
Legacy Arrangements has the meaning given to it in clause 17.2(a);
Legacy Arrangements Termination Date means the earlier of: i) the date on which the Scheme Administrator receives the OEM’s signed copy of the Legacy Arrangements Termination Letter; ii) the date falling 30 days after the date of the Legacy Arrangements Termination Letter; and iii) the Commencement Date;
Legacy Arrangements Termination Letter means the letter from the Scheme Administrator to the OEM terminating the Legacy Arrangements;

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Dernière modification: 14/05/2025 - 12:24