ALK Technologies CoPilot Symbian S60 - Manual (Page 51)

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license to use the mapping data ("Whereis Data") contained in this CD-ROM on the
following terms ("License"). The License commences when you click on the "I Agree"
button at the end of these terms and continues until terminated in accordance with
this agreement.
2. RIGHTS OF USE
You may only use the Whereis Data for your own personal use. You may only install
and use the Whereis Data on one device at any one time. You must not copy, reverse
engineer, adapt, modify, distribute, publish in any form or permit any other person to
use or deal with the whole or any part of the Whereis Data.
You must use reasonable steps to prevent any unauthorised copying or use of the
Whereis Data; and immediately notify the Licensor if you become aware of any
unauthorised copying or use of the Whereis Data by any person or of any other
infringement of the Licensor's rights in relation to the Whereis Data. The contact
details of the Licensor are as follows: Sensis Pty Ltd, 181-189 Victoria Parade,
Collingwood, Victoria 3066, Australia.
3. PROPERTY AND OWNERSHIP
All intellectual property rights (including copyright and any trade marks used by the
Licensor and Telstra) in and to the Whereis Data are the sole and exclusive property
of, or a use under license by, the Licensor (or its licensors). Except to the extent
permitted by this License, you do not acquire any intellectual property rights in or to
the Whereis Data.
4. EXCLUSION OF LIABILITY
To the extent permitted by law, the Licensor does not make any warranties of any
kind, whether express or implied, including any implied warranty of merchantability
or fitness of the Whereis Data for a particular purpose. Licensor's liability for breach
of any condition or warranty implied by statute which cannot be excluded is (to the
extent permitted by law) limited to, in the case of the supply of goods, the repair,
replacement or re-supply of the goods or of equivalent goods or the payment of the
cost of repairing or replacing the goods or of acquiring equivalent goods; and in the
case of the supply of services, supplying the services again, or the payment of the cost
of having the services supplied again, provided that there shall be no such limitation
for breach of such a condition or warranty where the relevant law prohibits such
limitation.
Subject to this clause 4, the Licensor, its employees, agents and contractors will not be
liable (whether in contract, tort or otherwise) to you or any other person for any loss,
costs, damage or injury of any kind whatsoever (including incidental or consequential
loss) wholly or partly arising out of or in connection with the use of or inability to use
the Whereis Data.
5. TERMINATION
The Licensor may terminate the License immediately if you are in breach of any
provision of this agreement. Your rights under this agreement cease immediately upon
termination of the License and you must immediately cease using the Whereis Data;
and at the Licensor's election, return to the Licensor at the details described in clause
2.5 or destroy all materials bearing or containing the Whereis Data and, if required by
the Licensor, shall certify that the Whereis Data and all such copies have been returned
or destroyed. Termination of the License does not affect any rights or remedies which
accrued prior to termination.
6. GENERAL
You may not assign or sub-license your rights under this License. This agreement
constitutes the entire agreement between the parties. Any previous agreements,
understandings and negotiations cease to have any effect. A provision of, or a right
created under, this agreement may not be waived except in writing signed by the
Licensor. This agreement is governed by the laws in force in the State of Victoria,
Australia. A reference to a person includes a reference to a firm, corporation or other
corporate body.