TravRoute CoPilot Live - Manual (Page 49)

- 47 -
Restrictions. Except where you have been specifically licensed to do so by ALK,
and without limiting the preceding paragraph, you may not (a) use this Data 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.
Warning. The Data may contain inaccurate or incomplete information due to the
passage of time, changing circumstances, sources used and the nature of collecting
comprehensive geographic data, any of which may lead to incorrect results.
No Warranty. This Data is provided to you “as is,” and you agree to use it at
your own risk. ALK and its licensors (and their licensors and suppliers) 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: ALK AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) 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: ALK AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) 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 ALK OR ITS
LICENSORS HAVE 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 Data
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 ALK (and its licensors, including their licensors and suppliers) 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 Data
provided to you hereunder.
----------------------------------------------------------------------------------------
Software License Agreement for FONIX TEXT TO SPEECH ENGINE
IMPORTANT! READ THIS License AGREEMENT BEFORE OPENING THIS
SOFTWARE PACKET. BY OPENING THE SEALED PACKET OR USING THE
SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE ENTIRE AGREEMENT.
SOFTWARE License AGREEMENT
This Agreement is a legal agreement between you and Fonix Corporation ("Fonix"), but
may be superseded by a separate license agreement that you and Fonix have signed.
The software in this packet ("Software") and its media and documentation (collectively,
the "Product") are protected by copyright and other intellectual property laws and
international treaties. You have no title to, or ownership of, the Product, other than its
physical media. Fonix reserves all rights not specifically granted in this Agreement.
USE AND RESTRICTIONS: You may operate the Software on only one computer.
However, if you have purchased a network or multiple-user license, you may load
and use as many single-use copies and/or support as many concurrent users, in the
aggregate, as are authorized by such license. You may make only one copy of the
Software, retaining the Fonix CD or other media for storage and back-up purposes.
The Software does not include updates, maintenance, or support, which may be
separately available. This Software and its voice output are for your personal, individual
use only. You are not permitted to broadcast or distribute the voice output of the
Software (i.e., synthesized speech) to more than one person or to use the Software's
voice output for any commercial purposes. You may not modify, adapt, translate, rent,
lease, loan, resell for profit, distribute, network, or create derivative works based on
any part of the Software. You may not reverse engineer, decompile, or disassemble the
Software.
LIMITED WARRANTY: Fonix warrants that the Product's physical media will be, under
normal use, free from defects in material and workmanship for one year from the date
you purchased it. Fonix's entire liability, and your exclusive remedy under this warranty,
will be replacement of the defective media without charge. EXCEPT FOR THIS
LIMITED WARRANTY, FONIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
AND DISCLAIMS ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Fonix does not warrant that the product is entirely
error-free. FONIX'S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE SHALL BE LIMITED
TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE License FEE YOU
PAID. IN NO EVENT SHALL FONIX BE LIABLE FOR LOST PROFITS, LOST DATA,