Navman Smart V3 - Manual (Page 39)

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Smart V 3.0 | User Manual for Palm OS ® 5
Software Product License
IMPORTANT - Please read carefully
NAVMAN (THE LICENSOR) IS WILLING TO LICENSE THE SMART SOFTWARE (THE SOFTWARE) TO YOU (THE CUSTOMER) ONLY IF YOU ACCEPT ALL THE TERMS
OF THIS LICENCE. PLEASE READ THE TERMS CAREFULLY, BECAUSE USING THIS SOFTWARE WILL BE DEEMED TO BE YOUR ACCEPTANCE THAT YOU ARE USING
IT ON THE FOLLOWING TERMS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE DO NOT INSTALL OR USE THE SOFTWARE AND RETURN THIS PRODUCT PROMPTLY, INCLUDING ALL
PACKAGING AND WRITTEN MATERIALS, TO THE LICENSOR’S REPRESENTATIVE AND ANY AMOUNT YOU MAY HAVE PAID WILL BE REFUNDED TO YOU (LESS ANY
DELIVERY AND HANDLING CHARGES).
1. The Licensor grants to the Customer a non-exclusive licence to use: (a) one copy of the Software on one of the Customer’s handheld devices; and (b) the accompanying
materials, including any manuals contained in the Software (the Materials), in accordance with the terms and conditions of this Licence.
2. Where the Customer uses the Software on a handheld or any other device (the Device) in a vehicle, the Customer must not place, secure or use the handheld device in a
manner that may cause accidents, personal injury or property damage or in any way obstruct the visibility of the Customer. The Customer is solely responsible for observing
safe driving practices and will not operate the Software while operating a vehicle.
3. The copyright and all other intellectual property rights in the Software and Materials (including any enhancements or modifications) are vested in the Licensor. The Customer
must not to rent, lease, reproduce, translate, adapt, vary, reverse-engineer or modify the Software or Materials nor communicate the same to any person other than in
accordance with the terms of this Licence.
4. The Customer may not copy the Software or Materials except that one copy of the Software may be made to the extent that such copying is necessary for the Customer’s
own backup purposes.
5. Except for the warranty provided by the Licensor for the product that includes the Software the Licensor expressly excludes to the fullest extent permitted by law all representations
or warranties, express or implied (except any which may not lawfully be excluded), including the implied warranties of merchantability and fitness for a particular purpose.
6. The Licensor will not in any circumstances be liable under the law of tort, contract or otherwise for any indirect or consequential loss or damage, including any loss of profits,
however caused, arising in connection with the use of, or inability to use, the Software.
If any limitation or exclusion or liability contained in this Licence is held to be invalid for any reason and the Licensor becomes liable for loss or damage that would otherwise
have been excluded, that liability will be limited to the total amount actually paid by the Customer for the Software.
7. The Licensor may terminate this Licence immediately if the Customer breaches any of its obligations under this Licence. Immediately following termination of this Licence
the Customer must deliver to the Licensor’s Representative, or destroy all copies of, the Software and Materials in whatever form possessed by the Customer.
Limited Warranty
IMPORTANT: The following terms and conditions may vary from country to country. Please check with Your Navman dealer from where You purchased the product.
Software Product
Navman warrants that (a) the software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of purchase, and
(b) any technical support provided by Navman or its approved Service Centres shall make commercially reasonable efforts to solve any problem or issues. Some countries,
states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation of 90 days may not apply to You.
Limitation of Liability
To the fullest extent permitted by law, Navman will not be liable in any event, whether in tort (including negligence), contract or otherwise for any damage including loss of profits,
any consequential, indirect or special damage, loss or injury of any kind suffered by You or any other person. Except as expressly set out in this warranty, Navman makes no
other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. If any limitation or exclusion or liability contained in
this warranty is held to be invalid for any reason and Navman becomes liable for loss or damage that would otherwise have been excluded, such liability will be limited to the total
amount actually paid by You for the product.