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7. END USER LICENSE AGREEMENT
1 The contracting parties
1.1 This Agreement has been entered into by and between NNG Software Developing and Commercial Ltd. (registered seat: 23 Bérc utca, H-1016
Budapest, Hungary; company reg.no.: 01-09-891838) as Licensor (hereinafter: Licensor) and You as the end user (hereinafter: User; the User
and the Licensor jointly referred to as: Parties) in subject of the use of the products specified in this Agreement, including software products,
databases and content .
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 that following the lawful acquisition (online purchase from authorized vendor or preinstalled on purchased
Device) of the software product constituting the object of this Agreement (Section 4), any degree of use, installation into a computer or
other hardware equipment (cell phone, multi-function device, personal navigation device, in-car navigation or multi function head unit, etc.)
(hereinafter referred to as: “Device”), installation of such Device into a vehicle, pressing of the “Accept” button displayed by the software during
installation or use (hereinafter referred to as: “Use”) shall mean that the User has accepted the terms and conditions of this Agreement as
legally binding. The time of conclusion of the present Agreement is the time of executing the first action of use (commencement of use).
2.3 This Agreement shall by no means authorize Use of the software product by those persons having unlawfully acquired the software product or
having unlawfully installed it on a Device or in a vehicle.
2.4 U.S. Government Users. If you acquire the Software Product by or on behalf of the United States Government or any other entity seeking or
applying rights similar to those customarily claimed by the United States Government, you are on notice that the Software Product and the
Databases, content and services are commercial items as that term is defined at 48 C.F.R (“FAR”) 2.101 and that all use of the Software
Product is subject to this Agreement.
3 Applicable laws and regulations
3.1 Any action related to this Agreement will be governed by the laws of the Republic of Hungary, with specific reference to Act IV of 1959 on
the Civil Code and to Act LXXVI of 1999 on Copyrights (the “Copyright Act”) shall apply. The United Nations Convention on Contracts for the
International Sales of Goods is hereby excluded from application to this EULA.
3.2 The parties hereby agree that the courts of the Republic of Hungary will have exclusive jurisdiction to rule on any disputes arising in connection
with this Agreement.
3.3 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 (hereinafter 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 contents and services accessible through the Software Product (hereinafter together referred to as: the “Database”).
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8.3 The Licensor does not assume any responsibility for damages incurred due to an error in the Software 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 Product 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 NEITHER LICENSOR NOR ITS SUPPLIERS SHALL BE LIABLE TO USER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL,
INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER,
LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THIRD PARTY SUPPLIERS (E.G. DATABASE
OWNERS, MAP PROVIDERS) OR AGENTS OF LICENSOR SHALL HAVE NO MONETARY LIABILITY TO THE USER FOR ANY CAUSE
(REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.
8.6 The Licensor also draws the attention 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 occurred in relation to use of the Software Product in a motor
vehicle.
8.7 By concluding the Agreement, the User shall, in particular, acknowledge the information stated in Section 8 above.
9 Sanctions
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 recognition 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 increase 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 may be sentenced of two years in prison in basic cases and up to eight years in prison in aggravated cases.
9.3 Content and services provided by third parties. The Licensor hereby excludes any liability 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 Database, content, product or service or the availability of the Database, content,
product or service, and it specifically excludes any liability for the suspension or cancellation of the service, and any damage arising in relation
to the service or for complete cancellation of the service. User acknowledges that the mapping data in Databases contains geographical data
and other data.
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The User hereby acknowledges that (i) inaccurate or incomplete information due to the passage of time, changing circumstances, sources
used and the nature of collecting comprehensive geographic data, may each lead to incorrect results; and (ii) that the Database, contents and
services provided by third parties may only be used at the risk of the User and for the personal or internal business benefit of the User. User
acknowledges that the Databases, content and services are the confidential information of Database Owners and disclosure of the Databases
to third parties is prohibited.
USE OF THE SOFTWARE PRODUCT’S REAL TIME ROUTE GUIDANCE FUNCTION IS AT USER’S SOLE RISK AS LOCATION DATA MAY
NOT BE ACCURATE.
9.4 Content and services provided by the Licensor or an agent of the Licensor. For certain Software Products the Licensor or a contractual partner
may offer various products and services to the User through clarion.naviextras.com. The User may only use these services when the User has
read and understood the relevant end user license agreement(s) at clarion.naviextras.com and the User is obliged to use the services in line
with the terms and conditions thereof.
9.5 Purchase and acquisition of activation license for the use of certain functions, Databases, content or services may require Internet connection
with no alternative way of acquisition offered by Licensor.
10 Anonymous data collection
10.1 The User hereby acknowledges that the Software Product may collect, transmit to Licensor or third parties, and in some cases store data
connected to the usage of the Software Product by the User (e.g. movement/route data, 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 always anonymous, not associated in
any way with any personal information of the User or with the User itself.
10.2 The collected data may be uploaded to Licensor’s database or transmitted periodically or in real time to a third party partner and used
exclusively for the purpose of enhancing and improving the precision and reliability of features and services of the Software Product and the
Databases. Uploading is executed through Licensor’s special software or by the User navigation device, and the upload may be enabled or
disabled by User. After successful data 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.
10.4 Licensor hereby informs the User, that if it accesses the Internet through mobile data service while abroad or otherwise roaming another mobile
network the transmission of such data may result in special roaming charges. To avoid such charges it is the responsibility of the User to
disable mobile data services while roaming or to turn off the data collection functions of the Software Product.
11 Online Content Service Auxiliary Terms
11.1 For online content services the following auxiliary terms shall also apply. Database content (e.g. weather-, location based info) may be supplied
by Licensor to the User’s Device through an Internet connection (hereinafter: “Online Content Services”). Such Content may be granted for a
fee or free of charge subject to Licensor’s decision. Ensuring access to the Internet is the responsibility of the User.
11.2 Online Content Services in general are not available in all countries, furthermore different conditions and Service characteristics may apply in
different countries. Use of certain Online Services may be prohibited in various countries. It is the User’s responsibility to comply with country
specific regulation. Licensor excludes its liability for the consequences of illegal use of such functions and User shall indemnify and hold
Licensor harmless from all claims against Licensor from authorities or third parties due to the illegal use.
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15. TROUBLESHOOTING
If you have a problem with this system, check the following items to resolve it. Consult your Mitsubishi Motors dealer for additional information.
General
Problem Measure
Power does not turn on.
(No sound is produced.)The fuse is blown. Replace with a fuse of the same amperage. If the fuse blows again, consult your
Mitsubishi Motors dealer.
The wiring is incorrect. Consult the nearest Mitsubishi Motors dealer.
The display is dark. The Day/Night setting is too low. Adjust the Day/Night setting.
É “Switching between day and night modes” (page 99)
The operating condition is not good. The temperature inside the vehicle may be 0°C or lower. Set to
an appropriate temperature (approximately 25°C) and check it again.
The headlight of the vehicle is lit. The display is made dark at night to prevent the glare. (When the
headlight of the vehicle is lit in the daytime, the display becomes dark.)
The display is dark just after the power has been turned on. It becomes brighter when the display
backlight becomes warm.
There are red, green and blue points in the
display.This is not a failure, but a phenomenon peculiar to a liquid crystal display. (The liquid crystal display is
produced according to technology with very high precision. Note that, though there are effective pixels
of 99.99% or more, pixel missing or normally lit pixels account for 0.01%.)
The camera image is not displayed. Make sure the vehicle’s transmission is set to the reverse position.
Image quality from the camera is poor. Use a cloth dampened with water to lightly wipe the front of the lens.
White rays of light enter into the camera
image.This is caused by the reflection of light, and is not a malfunction.
Images are distorted. Place electrical noise-creating electrical components (mobile phones, radios, negative ion-creating
devices, etc.) as far away from the unit as possible. If images continue to be distorted, refrain from
using such devices.
The display becomes dark in certain places
while using the Navigation feature, or the
display turns off.Stop your vehicle in a safe place, turn off the engine, and then turn on the engine again.
If this does not fix the problem, the display backlight may be broken or the navigation unit may be
malfunctioning. Contact your Mitsubishi Motors dealer.
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