Blaupunkt MotoPilot User's Guide Page 74

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Moto Pilot 3.2 User’s Guide
74
D End-User License Agreement („EULA“)
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual natural
person or a single legal entity) the “End User”, and infoware Gesellschaft für Informationstechnik mbH,
Riemenschneiderstrasse 11, 53175 Bonn, Germany) (“infoware”). This EULA applies to software, pre-
installed software on any hardware devices as well as cd-rom, floppy disk, memory card, download package
or any other data carriers and all contents and contents programs (“Software”). The use of our Software is
subject to this EULA including the Limited Warranty terms as set forth below.
BY BREAKING THE SEAL OF THE CD-ROM/FLOPPY DISK/MEMORY CARD, PRESSING THE “I
AGREE” BUTTON FOR A DOWNLOAD, OR BY USING THE SOFTWARE YOU ARE AGREEING TO BE
BOUND BY THE TERMS OF THIS EULA AS WELL AS THE APPLICABLE GENERAL SALE TERMS AND
CONDITIONS.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND THE AUTHORITY TO ENTER
INTO THIS EULA AND THAT YOU HAVE REACHED THE AGE OF MAJORITY. IF NOT, YOU MAY NOT
USE THE SOFTWARE.
The EULA is subject to Laws of Germany and the Court of Bonn is the only competent court for
disputes related to this EULA or the use of the Software or otherwise. The United Nations Convention on
Contracts for the International Sales of Goods is hereby excluded from application to this EULA.
1) GRANT OF LICENSE: This EULA grants a license (“License”) that permits you to use the infoware
Software if and as rightfully obtained (including the digital (map) data, either downloaded, or included in the
accompanying package acquired with this EULA) on any single computer or (Hardware) device, provided
the Software is installed and/or the Service is used on only one computer or (Hardware) device at any time
and provided the Software is combined only with one (1) navigation system. This License is non-exclusive
and non-transferable. This License does not imply any rights to future upgrades or updates of the Software.
The use of any upgrades or updates of the Software is governed by this EULA and its amendments and
may be subject to additional payments and conditions. This License does not imply any rights to future
delivery of free or paid Service or any other services.
2) COPYRIGHT: The copyrights and other intellectual, industrial and/or proprietary rights to the Software
are owned by infoware or its suppliers. You may either (a) make one copy of the Software solely for backup
or archival purposes, or (b) transfer the Software to a single medium provided you keep the original solely
for backup or archival purposes. You may not copy the product manual(s) or written materials
accompanying the Software, except for own use. You only become the owner of the material data carrier
and you do not acquire the ownership of the Software.
3) OTHER RESTRICTIONS: The hiring, lending, public presentation, performance or broadcasting of the
Software is prohibited.
You, - or anyone else, whether or not in your assignment -, are not permitted to fully or partly modify the
Software, to analyze it by means of reverse-engineering, to decompile or disassemble the Software, or to
make products derived from it. You are explicitly prohibited from downloading the digital maps and programs
contained in the Software or from transferring these to any other software and/or hardware, including
another data carrier, computer or (hardware) device.
4) CONFIDENTIALITY: You acknowledge and agree that the Software were developed at considerable time
and expense by infoware and are confidential to and a trade secret of infoware and/or third parties. You
agree to maintain the Software in strict confidence and not to disclose or provide access thereto to any
person. If you would nevertheless grant another person (unauthorized) access to the Software, you
guarantee that such person accepts the terms and conditions of this EULA and you will indemnify infoware
and its authorized distributors against any claim of such person.
5) LIMITED WARRANTY AND LIMITATION OF LIABILITY:
a) You may only use the Software after having read the instructions supplied with it before you use it. If you
have any difficulty using the Software, consult the instructions to check you are using it correctly.
b) The use of the Software in a navigation system means that calculation errors can occur, for instance
caused by local environmental conditions and/or incomplete data. infoware cannot warrant that the infoware
Software operates error-free.
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