Navman SmartS TM - Manual (Page 67)

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PiN Pocket PC 00 | User Manual
Software Product License
IMPORTANT - Please read carefully
NAVMAN (THE LICENSOR) IS WILLING TO LICENSE THE SMARTS 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
SOFT WARE 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.
. 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,