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End user license agreement – Navigon 5100 User Manual

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January 2008

NAVIGON 5100 User’s Guide

iii

Revision 2.0

NAVIGON, INC.

End User License Agreement

End User License Agreement (“Agreement”) – This is a legal agreement between you, the end
user, and NAVIGON, Inc. (“NAVIGON”). By using all or any portion of the Software you are agree-
ing to be bound by the terms of this agreement. This Agreement applies to the use of software,
pre-installed software on any of our hardware devices and accompanying items, including on CD-
ROM, floppy disc, memory card, download package or any other data carriers, and all contents
and contents programs (“Software”).

Please read this Contract carefully. By using this software you agree that this Agreement is
enforceable like any written negotiated Agreement signed by you. This Agreement is enforceable
against you and any legal entity that obtained the software.

If you do not agree to the terms of this Agreement, promptly return the unused software,
unopened disk package and the accompanying items to the place where you obtained them for a
full refund.

1.

OWNERSHIP: It is hereby understood and agreed by you that NAVIGON is the owner of

all title, ownership rights, intellectual property rights and copyrights in and to the Software. The
Software shall remain the sole and exclusive property of NAVIGON and its licensors and NAV-
IGON and its licensors will retain all patents, copyrights and other intellectual property rights in the
Software, as applicable. You also hereby understand and agree that NAVIGON and/or its third
party licensors own all right, title and interest in and to all content included in the Software, includ-
ing, but not limited to, all intellectual property rights therein (the “Content”).

2.

GRANT OF LICENSE: NAVIGON grants you the right to use one copy of the Software,

provided it is used on only one computer or hardware device at any time. The Software is in “use”
on a computer or hardware device when it is loaded into temporary memory (e.g., hard disk, CD-
ROM, or other storage device) of that computer. This license does not grant any right to obtain
future upgrades, updates or supplements (“upgrades”) of the Software. Any updates are similarly
governed by this Agreement and any accompanying amendments. Updates may be subject to
additional costs and provisions.

3.

OTHER RESTRICTIONS: Except for the initial loading of the Software onto a Hardware

Device or for archival/backup purposes as provided for above, you may not rent or lease, broad-
cast, present, transfer, or distribute the Software and accompanying written materials. You may
not reverse engineer, decompile, reverse engineer or disassemble the Software. If Software is an
upgrade, any transfer must include the upgrade and all prior versions. All rights not specifically
granted in this Agreement are reserved by NAVIGON.

4.

TRANSFER:You may transfer the Software and this Agreement to another party to whom

you may transfer the hardware devices and accompanying items if the other party agrees to
accept the terms and conditions of this Agreement. If you transfer the Software, you must simul-
taneously either transfer all copies whether in printed or machine-readable form to the same party
or destroy any copies not transferred, including all modifications and portions of the program con-
tained or merged into other programs.

You shall not sub-license, lease, assign, or transfer the Agreement or the Software except as
expressly provided in this Agreement. Any attempt otherwise to sublicense, lease, assign, or
transfer any of the rights, duties, or obligations hereunder renders this License VOID.

5.

LIMITATION OF WARRANTIES AND LIABILITIES:EXCEPT FOR THE LIMITED WAR-

RANTY DOCUMENT INCLUDED WITH THE HARDWARE DEVICE, IF ANY, AND TO THE MAX-
IMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SOFTWARE, OTHER COMPONENTS
THEREOF AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE