| |
The ORC's Superyacht Designer
VPP (DVP)is available for purchase and
download on the ORC website. The ORC Superyacht VPP (ORCsy VPP) is a
Velocity Prediction Program that forms the core of the ORC
SuperYacht Rule (ORCsy).
The software is accompanied by the ORC Manager, an editor utility
program for entering and editing measurement data as well as an
Offset editor for editing hull offset files. Input data in DXT and
OFF file formats can then be used to produce the hydrostatic data
and polar diagrams that predict boat speed for full range of wind
conditions above 6 knots of true wind speed at the following true
wind angles: optimum beat, 52, 60, 75, 90, 110, 120, 135, 150
degrees and optimum run.
The ORCsy VPP Designer's version (DVP) uses the same software used
by the ORC Central Rating Office to issue certificates.
The results data includes all the ratings and time allowances shown
on certificate, together with a complete set of calculated hydro and
aerodynamic data and that defined by the ORCsy rules. The ORCsy DVP
is Windows-based software, easy to use, with a user-friendly
interface and standard Windows functions.
Any designer may process design data through the VPP to analyze
rating effects, and the software is therefore regarded as essential
to anyone contemplating an ORCsy design project. The subscription
will not give access to existing hull data without the written
permission of its designer, while rig, sails and other measurements
can be obtained from any copy of an ORCsy Certificate through ORCsy
Sailor Services. The annual subscription to the ORCsy DVP is
€1200 while the price for
current ORC DVP subscribers is €840.
Upon receipt of your payment, new subscribers will receive
credentials to log on to the DVP Subscribers web page, while
credentials of existing subscribers will be renewed. From this DVP
page you can download the installation software package and
regularly check for updates for one year of both the VPP core and
the editing and management interfaces.
|
| |
Please
read the terms and conditions of this license agreement (the
"License") before installing the computer software (the "Software").
By installing the Software you accept and agree to the terms of this
License. This License constitutes the entire agreement concerning
the Software between you (the Named User i.e. the person assigned to
the license at purchase) and ORC and it supersedes any prior
proposal or representation.
The term "Software" includes, and these terms and conditions also
apply to, any updates modifications, upgrades to the Software that
you may receive from time to time.
The term “Intellectual Property” means any patent, copyright,
registered design, unregistered design right, trade mark or other
industrial or intellectual property owned or used by ORC together
with any current applications for any registrable items of the
foregoing.
1. License Grant. This License permits you to use as
many copies of the Software installing one copy per computer that is
used by you, the license holder. The enclosed documentation
("Documentation") may not be copied. You agree that you will not
sublicense, assign, transfer, pledge, lease, rent or share your
rights under this License except with prior written permission from
ORC. You agree that you will not modify, adapt, disassemble,
decompile, reverse engineer, translate or otherwise attempt to
discover the source code of the Software.
2. ORC’s Rights. You acknowledge and agree that the
Software and Documentation (the "Licensed Products") are proprietary
products of ORC under international copyright law and disclosed to
you by ORC in confidence. You shall take all reasonable steps to
safeguard the Licensed Products. ORC owns and will retain all
Intellectual Property rights in and to the Licensed Products. This
License conveys to you only a non-exclusive and limited right of
use, revocable in accordance with the terms and conditions of this
License. In the event that you fail to comply with any terms and/or
conditions hereof, this License shall terminate automatically and
ORC shall be entitled to all remedies in accordance with applicable
law.
3. Limited Warranty. ORC warrants that for your
benefit alone, for thirty (30) days from the day of delivery to you
(the "Warranty Period") the Software media, under normal use in a
compatible execution environment, will be free from defects in
material and workmanship. Any replacement program will be warranted
for thirty (30) days from the date of receipt by you. In no event
may you bring any claim, action or proceeding arising out of the
warranty set forth in this Article 3 more than six (6) months after
the date on which the breach of warranty occurred.
4. Exceptions to Warranties; Disclaimers. Except for
the above express limited warranty, ORC disclaims any and all other
warranties, express or implied, including any implied warranties of
merchantability or fitness for particular purpose. ORC does not
warrant that the Software, its use, operation or your ability to use
the Software will be uninterrupted or error-free or that all
Software errors will be corrected. The warranty set forth above
shall not apply to any defect or problems caused by any defect in
any hardware or software used in combination with the Software, or
use of the Software in execution environments not specified in the
Documentation. ORC does not warrant that the Software or service
will meet your requirements or that the operation of the Software
will be uninterrupted or error free. ORC’s limited warranty is void
if a breach of the warranty has resulted from (i) accident,
corruption or misuse of the Software; or (ii) acts or omissions by
someone other than ORC.
5. Exclusive Remedies. You agree that if, during the
Warranty Period, a defect in the Software media appears, your
exclusive remedy will be, at ORC's sole option, replacement of the
media, or credit for the amounts paid by you to ORC, if any, or
termination of this License. These remedies are subject to the
return of all copies of the Licensed Products.
6. Intellectual Property. You accept that:
- you
are only permitted to use the Intellectual Property for the
purposes of and during the term of this Licence and only as
authorised by ORC hereunder;
-
you
shall not seek to register any Intellectual Property without
ORC’s express consent;
-
save
solely for the purposes expressly permitted by and in accordance
with s. 296A(1) CDPA 1988 or s. 50B(2) CDPA 1988 you may not
copy adapt or reverse compile the whole or any part of the
Licensed Products;
-
you
may not assign transfer sell lease rent charge or otherwise deal
in or encumber the Licensed Products or use the Licensed
Products on behalf of any third party or make available the same
to any third party;
-
you
shall not use any trade marks, trade names or get-up which
resemble ORC’s trade marks, trade names or get-up and which
would therefore be likely to confuse or mislead the public or
any section of the public;
-
you
shall not remove, alter or otherwise tamper with any trade
marks, trade names, logos, numbers or other means of
identification on the Licensed Products which come into your
possession, custody or control; and
-
you
shall not do or omit to do, or authorise any third party to do
or to omit to do, anything which could invalidate or be
inconsistent with the Intellectual Property.
7.
Limitations of Liability. In no event shall ORC be liable
for any damages to you or any other party whether arising out of
contract or from tort including loss of data, profits or business or
other special, incidental, exemplary or consequential damages, even
if ORC has been advised of the possibility of such loss or damages.
ORC’s cumulative liability shall not exceed the license fee paid, if
any, for use of this Software and Documentation. This section shall
survive termination of this License.
8. General. This agreement shall be governed by the
laws of England. |