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End-user License Agreement
1 The contracting parties
1.1 This Agreement has been entered into by and between Nav N Go Kft.
(registered seat: 23 Bérc utca, H- 1016 Budapest, Hungary; Company
reg.no.: 01-09-891838) as Licensor (hereinafter: Licensor) and You as
the User (hereinafter: User; the User and the Licensor jointly referred
to as: Parties) in subject of the use of the software product specified in
this Agreement.
2 Conclusion of the Agreement
2.1 The Parties hereby acknowledge that this Agreement shall be concluded by implicit conduct of the Parties without signing the
Agreement.
2.2 The User hereby acknowledges th at following the lawful acquisition
of the software product constituti ng the object of this Agreement
(Section 4), any degree of use, installation into a computer or other
hardware, installation of such hardwa re into a vehicle, pressing of the
“Accept” button displayed by the software during inst allation or use
(hereinafter referred to as Use) sh all mean that the User has accepted
the terms and conditions of this Agreement as legally binding.
2.3 This Agreement shall by no means authorize use of the software product by those persons having un lawfully acquired the software
product or having unlawfully installed it on a computer or in a vehicle.
3 Relevant laws and regulations
3.1 Any action related to this Agreem ent will be governed by the laws of
the Republic of Hungary, with spec ific reference to Act IV of 1959 on
the Civil Code and to Act LXXVI of 1999 on Copyrights shall apply.
3.2 The original language version of this Agreement is the Hungarian
version. This Agreement has versions in other languages as well. In
case of dispute the Hungarian version shall prevail. 4 Object of the Agreement and Termination
4.1 The object of this Agreement shall be the navigation guidance
software product of Licensor (hereina fter referred to as the Software
Product).
4.2 The Software Product shall include the operating computer program, its complete documentation, the map database pertaining thereto
and any third-party content and services accessib le through the
Software Product (hereinafter: Database).
4.3 Any form of display, storage, codi ng, including printed, electronic or
graphic display, storage, source or object code, or any other as yet
undefined form of display, storage, or coding, or any medium thereof
shall be deemed parts of the Software Product.
4.4 Error corrections, additions, upda tes used by the User following the
conclusion of this Agreement shal l also be deemed parts of the
Software Product.
4.5 Your rights under this Agreement will terminate immediately without
notice from Licensor if you materially breach it or take any action in
derogation of Licensor's and/or its Licensor's rights to the Software
Product. Licensor may terminate th is Agreement should any Software
Product become, or Licensor's reasonable opinion likely to become,
the subject of a claim of intellectu al property infringement or trade
secret misappropriation. Upon termin ation, you will cease use of, and
destroy Software Product and conf irm compliance in writing to
Licensor
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End-user License Agreement
7 Limitations of use
7.1 The User is not entitled
7.1.1 to duplicate the Software Product (to make a copy thereof );
7.1.2 to lease, rent or lend it or to transfer it to a third person for any reason;
7.1.3 to translate the Software Product (including translation (compilation)
to other programing languages);
7.1.4 to decompile the Software Product;
7.1.5 to evade the protection of th e Software Product or to modify,
circumvent or obviate such protec tion through technological or by
any other means;
7.1.6 to modify, extend, transform the Software Product (in whole or in
part), to separate it into parts, comb ine it with other products, install it
in other products, utilise it in other products, not even for the purpose
of achieving interoperability with other devices;
7.1.7 apart from using the computer pr ogram, to obtain information from
the Database as a part of the Software Product, to decompile the
Database, to use, copy, modify, ex tend, transform the Database in
whole or in part or the group of data stored therein, or to install it in
other products or otherwise, utilise it in other products or to transfer
it, not even with the aim of achieving interoperability with other
products.
7.2 The User may only use the contents available through the Software Product and provided by third part ies and the data received through
the services provided by third parties (including but not limited to the
traffic data received from the RDS TMC traffic information service) for
his/her own personal benefit and at his/her own risk. It is strictly
prohibited to store, to transfer or to distribute these data or contents
or to disclose them in full or in part to the public in any format or to
download them from the product. 8 No warranty, limitation of responsibility
8.1 The Licensor hereby informs the Us
er that although the greatest care
was taken in producing the Software Product, given the nature of the
Software Product and its technical li mitations, the Licensor does not
provide a warranty for the Software Product being completely error-
free, and the Licensor is not boun d by any contractual obligation
whereby the Software Product obtained by the User should be
completely error-free.
8.2 The Licensor does not warrant that the Software Product is suitable
for any purpose defined either by the Licensor or the User, and does
not warrant that the Software Prod uct is capable of interoperating
with any other system, device or product (e.g. software or hardware).
8.3 The Licensor does not assume any responsibility for damages
incurred due to an error in the Soft ware Product (including errors of
the computer program, the documentation and the Database).
8.4 The Licensor does not assume any responsibility for damages
incurred due to the Software Prod uct not being applicable for any
defined purpose, or due to the error or incompatibility of the
Software Product with any other system, device or product (e.g.
software or hardware).
8.5 The Licensor also draws the attent ion of the User to the fact that,
when using the Software Product in any form of vehicle, observing
the traffic regulations and rules (e.g. use of obligatory and/or
reasonable and suitable security measures, proper and generally
expected care and attention in the given situation, and special care
and attention required due to the use of the Software Product) is the
exclusive responsibility of the User . The Licensor shall not assume any
responsibility for any damages occu rred in relation to use of the
Software Product in a motor vehicle.
8.6 By concluding the Agreement, the User shall, in particular,
acknowledge the information stated in Section 8 above.
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End-user License Agreement
9Sanctions
9.1 The Licensor hereby informs the User that, if the Licensor finds its rights under the Copyright Act to be breached, the Licensor may
9.1.1 seek judicial recogn ition of this breach;
9.1.2 demand that the breach cease and order the person in breach to refrain from continuing such actions;
9.1.3 demand that the person under breach give proper compensation
(even by way of publicity at the expense of the person in breach);
9.1.4 claim the return of the increa se of assets due to the breach;
9.1.5 demand the cease of the wrongful action and, demand restitution to
its state before the breach was committed at the expense of the
person in breach, and may demand the destruction of instruments
and materials used to commit the breach as well as of the products
created by the breach;
9.1.6 claim for damages.
9.2 The Licensor hereby also informs the User that the breach of copyrights and related rights is a crime under Act IV of 1978 on the
Hungarian Criminal Code, which ma y be sentenced of two years in
prison in basic cases and up to ei ght years in prison in aggravated
cases. 9.3 Contents and services provided by third parties
The Licensor hereby excludes any li ability of its own for the Database
in the Software Product and for any content or service provided by a
third party by using the Database. The Licensor does not warrant the
quality, suitability, accuracy, fitness for a specific purpose or territorial
coverage of the product or service or the availability of the service,
and it specifically excludes any li ability for the suspension of the
service, and any damage arising in relation to the service or for
complete cancellation of the service.
The User hereby acknowledges that the contents and services
provided by third parties may only be used at the risk of the User and
for the personal benefit of the User.
9.4 The parties hereby agree that the co urts of the Republic of Hungary will
have exclusive jurisdiction to rule on any disputes arising in connection
with this Agreement.
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End-user License Agreement
10 Anonymous data collection
10.1 The User hereby acknowledges that the Software Product may collect and store data connected to the usage of the Software Product by
the User (e.g. movement/route date, user interaction data). Such data
collection functions may be disabled or enabled by User any time
from within the corresponding menu. The collected data is
connected to the device type iden tifier of the device running the
Software Product and not associated in any way with any personal
information of the User itself.
10.2 The collected data may be uploaded to licensor's database and used
exclusively of the purpose of enha ncing and improving the features
and services of the Software Produc t and the Databases. Uploading is
executed through Licensor's spec ial software or by the User
navigation device, and the upload may be enabled or disabled by
User. After successful da ta upload, the collected data is deleted from
the Software Product storage media.
10.3 Collected data is transmitted, stored and handled anonymously and
no connection of the data with the User shall be established by
Licensor or any third party.