End User License Agreement - CarTrek 400 Gebrauchsanweisung

Cartrek 400 Software manual

End user license agreement

Grant of Software License. This Alturion License Agreement ('License') permits Licensee to use one (1) copy of the software package
('Software Package') enclosed with the License for its own internal purposes only. The Software Package includes software ('Software'), if
applicable, and their respective documentation. This non-exclusive License, without the right to sublicense, grants to Licensee the right to
install and use the Software on a single personal navigation device (PND). Neither concurrent use on two or more PNDs nor use in a local
area network or other network (including but not limited to the Internet) is authorized without the advance written consent of Licensor and
the payment of additional license fees. Subject to the foregoing, Licensee may not use the Software in a manner that allows other users
than Licensee to use the Software. If Licensee has multiple Licenses for the Software, then, at any time, Licensee may have as many
copies of the Software in use as Licensee has Licenses. 2. Alturion's Rights. Licensee acknowledges that the Software consists of pro-
prietary, unpublished products of Alturion, protected under copyright law and trade secret laws of general applicability of the U.S.A. and/or
other countries. Licensee further acknowledges and agrees that all right, title and interest in and to the Software are and shall remain with
Alturion. This Agreement does not convey to Licensee an interest in or to the Software, but only a limited right of use, revocable in accor-
dance with the terms of this Agreement. Alturion reserves all rights not expressly granted to Licensee. The data used in combination with
the Software Package are the property of a third party and are subject to terms and conditions of such third party. 3. Term. This License is
effective upon Licensee's first use of the Software and shall continue until terminated. Licensee may terminate this Agreement at any time
by returning the Software to Alturion. Alturion may terminate this Agreement upon breach by Licensee of any terms hereof. Upon such
termination by Alturion, Licensee agrees to return immediately the Software to Alturion. 4. Other Restrictions. This License is Licensee's
proof of a non-exclusive license to exercise the rights granted herein and must be retained by Licensee. Licensee may not rent, lease,
or otherwise commercialize the Software in any manner. Licensee may not reverse engineer, decompile, or disassemble the Software,
except to the extent that the foregoing restriction is expressly prohibited by applicable law. Licensee may not export the Software or the
Hardware or transfer them to another who exports them in violation of applicable US law or other export laws and regulations. 5. Limited
Warranty. Alturion warrants solely to Licensee that the Software shall perform substantially in accordance with the program specifications
in effect at the time of delivery and shall be free from defects in materials and workmanship, when given normal, proper and intended
usage, for a period of thirty (30) days from the date of delivery of the Software Package to Licensee. Alturion agrees to repair or replace
at its option and without cost to Licensee, all defective Software Package components, provided that Licensee has given Alturion written
notice of such warranty claim within such thirty (30) day warranty period. Alturion shall have no obligation to make repairs or replacements
which are required by normal wear and tear, or which result, in whole or in part, from catastrophe, fault or negligence of Licensee, or from
improper or unauthorized use of the Software Package (including any use by third parties and by Licensee's employees, consultants and
agents who are not authorized users), or use of the Software Package in a manner for which it is not designed, or by causes external
to the Software Package. No suit or action shall be brought against Alturion more than one (1) year after the related cause of action
has occurred. Furthermore, Alturion grants to Licensee only such warranty on the Hardware, as it receives from its Hardware provider.
6. Limitation of Liability. IN NO EVENT WILL ALTURION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PACKAGE, INCLUDING
SOFTWARE, DOCUMENTATION, OR HARDWARE, IF APPLICABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL ALTURION'S LIABILITY EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SYSTEM. Furthermore, Alturion
explicitly states that Licensee should not operate the Software Package while its vehicle is in motion. Licensee must keep its attention
focused on the road, road traffic and the operation of the vehicle. By using the Software Package, Licensee acknowledges that it releases
Alturion, Alturion's partners, employees and shareholders from any actions directly or indirectly related to the use and/or operations of
the Software Package. 7. Remedies. A breach by Licensee will irrevocably harm Alturion and Alturion shall be entitled to injunctive and/or
other equitable relief, in addition to other remedies afforded by law. 8. Governing Law. This Agreement shall be governed by the laws of
Belgium. 9. Severability. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such
declaration shall have no effect on the remaining terms hereof. 10. No Waiver. The failure of either party to enforce any rights granted
hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of future breaches. 11. Restricted Rights. RESTRICTED RIGHTS:
If this Product is acquired by or for the U.S. Government, then it is provided with Restricted Rights. Use, duplication, or disclosure by the
U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable, or any successor regulations. The contractor/
manufacturer is Alturion N.V., Vollickstraat 67, 1785 Brussegem, Belgium. 12. Register your Alturion GPS solution within 30 days of your
purchase on www.alturion.com/registration. If the product is still unregistered 30 days after purchase of the product, the purchaser can
not benefit from technical support and access to the Alturion Auto Update Service. The serial number provided with this software is your
personal serial number. If you hand it over to 3rd parties, you will be denied access to the Alturion Auto Update Service. 13. You are not
allowed to use the application in combination with a back-end solution for track and trace. If you connect a back-end solution for track
and trace to the Alturion GPS navigation application, an additional royalty fee for use of the map data will apply. Please contact Alturion
NV for price information on prices. © Copyright 2001 - 2006 Alturion N.V. All rights reserved. All product names referenced herein are
trademarks or registered trademarks of their respective owners. Screenshots and pictures used in this manual can change without prior
notice and are for reference only.