End User License Agreement

End-User License Agreement

By downloading and installing this map update and/or its related materials, you are accepting the following License Agreement. Check the box "I have read and agree to the License Agreement" if you agree.

IMPORTANT – READ CAREFULLY: This license agreement (“LICENSE”) is a legal agreement between you and Navevo Limited. By installing, copying, downloading, accessing, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not buy, install or use the SOFTWARE. Any earlier LICENSE we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE.

YOUR RIGHT TO USE THIS SOFTWARE PRODUCT IS SUBJECT TO (1) THE TERMS SET OUT IN THIS LICENCE AGREEMENT AND (2) THE FURTHER TERMS (ENTITLED "NAVTEQ SOFTWARE END USER TERMS") ATTACHED AS THE ADDENDUM TO THIS LICENCE AGREEMENT AND WHICH FURTHER TERMS RESTRICT YOUR RIGHT TO USE THOSE PARTS OF THIS SOFTWARE PRODUCT SUPPLIED BY NAVTEQ NORTH AMERICA LCC"NT". USING THE PRODUCT INDICATES YOUR UNDERSTANDING AND ACCEPTANCE OF ALL THE TERMS OF THIS AGREEMENT.

In this Agreement:
"Agreement" means this End User Licence Agreement including its Addendum;
"Product" means this product called ProNav;
"Software" means in relation to the Product the software, data, material, content and all other elements acquired as part of and forming the Product which is owned by Navevo or its third party licensors or suppliers such licensors including but not being limited to NT; and
"You" means a person who enters into this Agreement by accepting its terms and conditions (and "your" shall be construed accordingly).

1. Grant of licence

Other than as granted under this Agreement Navevo Limited ("Navevo") and its licensors retain and reserve all rights in the Software and the use of the Software is limited to the uses granted by this Agreement only.

In return for your acceptance of the terms of this Agreement and subject to your compliance with such terms Navevo grants you a non-exclusive right to use the Software in accordance with the terms of this Agreement.

YOU ARE ALLOWED TO DO THE FOLLOWING:
* Use one copy of the Software on a single Personal Navigation Device ("PND") for your own personal use.

YOU ARE NOT ALLOWED TO DO THE FOLLOWING (AND MUST NOT ASSIST OR PERMIT OTHERS TO DO SO ):
* use or copy the Software except as permitted by this Agreement;
* use or allow the use of the Software on more than one PND at a time
(and you may not in particular use the Software on a network or other multi-user basis);
* hire, rent or loan the Software to anyone else;
* alter, adapt, modify or translate the Software or merge the Software with any other software or data;
* reverse-engineer, disassemble or decompile the Software;
* publicly perform or display the Software;
* remove, change or obscure any product identification or notice on or in the Software.

2. Term and termination

This Agreement will continue until terminated. You may terminate it at any time by destroying the Software together with all copies in any form. Your right to use the Software under this Agreement will terminate automatically if you fail to comply with any of the terms and conditions herein. Upon termination of the Agreement for any reason you will destroy the Software together with all copies in any form, including copies on your hard drive and back-up disks. Any use of any copies of the Software after termination of this Agreement is unlawful.
You may transfer your rights under this Agreement to someone else on a permanent basis provided that you transfer the copy of the Software held by you (including the SD Card on which the Software was originally supplied) and the person to whom you are transferring your rights agrees to comply with the terms of this Agreement.

3. Warranty

IF YOU PURCHASED THE SOFTWARE AS A CONSUMER, THE WARRANTIES AND DISCLAIMER SET OUT IN THIS SECTION 3 DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER ANY APPLICABLE STATUTE.

Save for the warranties set out in this Section 3 and, in relation to consumers only, any terms which are implied by law and may not be excluded at law, Navevo or its licensors or suppliers make and you receive no other warranties, conditions, terms or representations, express or implied, statutory or otherwise. Navevo does not warrant that the operation of the Software will be error free or uninterrupted. It is your responsibility to ensure that the Software is suitable for your needs.

Navevo does not exclude or limit liability for death or personal injury resulting from the negligence of Navevo or its servants or agents or for any other liability which cannot lawfully be excluded or limited.

In all other cases neither Navevo or its licensors or suppliers will be liable for any direct or indirect damage or loss of any kind whether arising under contract, negligence or otherwise and NAvevo or its licensors or suppliers shall in any event not be liable (whether for breach of contract, negligence or in any other way) for any sum in excess of the price paid for the Software. Navevo will use all reasonable endeavours to ensure that the Software is materially accurate at the time of its production. You accept that Navevo or its licensors or suppliers do not undertake that the Software will be complete, accurate or up-to-date and that Navevo or its licensors or suppliers will not be liable for any loss arising form any inaccuracy or omission whatsoever.

4. General

This Agreement is intended to set out all of the terms which apply to the use of the Software and which exist between you and Navevo.

If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of the Agreement will not be affected.

This Agreement is governed by the laws of England.

Should you have any questions concerning this Agreement please contact Navevo.

Navevo Limited
The Spirella Building
Bridge Road
Letchworth Garden City
Hertfordshire
SG6 4ET

A company incorporated in England and Wales under company registration number 05238630

Notwithstanding that any provision of this Agreement may prove to be illegal or unenforceable the remaining provisions of this Agreement shall continue in full force and effect.

A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any provision of this Agreement.

5. Variation

Navevo reserves the right to modify the Software or any part thereof at any time.

Navevo reserves the right to revise and amend the terms and conditions of this Agreement at any time.

6. Copyright

(c) Navevo Limited 2009. This Software is protected by international copyright law. All rights reserved. No part of this Software or any of its contents may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher.

Safety Camera Data: Roadsense Camera Data Copyright Sentinel 2008

Text to Speach:Portions Copyright Voiceware Co.,Ltd.2001 and NeoSpeech,Inc.,2002-2007

Third party copyrights:

“The Anti-Grain Geometry Project"A high quality rendering engine for C++ http://antigrain.com

Permission to copy, use, modify, sell and distribute this software is granted provided this copyright notice appears in all copies.This software is provided "as is" without express or implied warranty, and with no claim as to its suitability for any purpose.”

ADDENDUM 1

NAVTEQ SOFTWARE END USER TERMS ("NT Terms")

PLEASE READ THESE END USER TERMS CAREFULLY BEFORE USING THE PRODUCT
In these NT Terms "NT Software" means the software and data owned by NT which is incorporated into the Software by Navevo under license.

The NT Software is provided for your personal only. Copyright and other laws protect it.

In relation to your use of the NT Software where relevant the terms of the Agreement shall also apply. In the event of conflict between the terms of the Agreement and the NT Terms the NT Terms shall prevail.

By using this NT Software you agree to the following terms and conditions.

You agree to use this NT Software for solely personal use or, if applicable for use in your business' internal operations, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this NT Software only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the NT Software in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this NT Software, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions. Except where you have been specifically licensed to do so by NT or its authorised licensee, and without limiting the preceding paragraph, you may not (a) use this NT Software with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.

No Warranty. This NT Software is provided to you "as is," and you agree to use it at your own risk. NT or its authorised licensee make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.

Disclaimer of Warranty: NT AND ITS LICENSEES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability: NT AND ITS LICENSEES SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF ANY LICENSEE OF NT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Export Control. You agree not to export from anywhere any part of the NT Software provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
Entire Agreement. These terms and conditions constitute the entire agreement between NT or its licensee and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law. The above terms and conditions shall be governed by the laws of The Netherlands, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of The Netherlands for any and all disputes, claims and actions arising from or in connection with the NT Software provided to you hereunder.

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