End-User License Agreement - TomTom GO 720 Guia De Inicio Rapido

Milan.book Page 28 Tuesday, February 19, 2008 2:57 PM
This EULA applies to you if you have made your purchase
End-
User Li-
cense
Agree-
ment
outside of the United States and Canada.
This End-User License Agreement (“"EULA”") is a legal
agreement between you and TomTom International B.V., The
Netherlands (TomTom). You agree that this EULA is
enforceable like any written negotiated agreement signed by
you. This EULA applies to the use of software, pre-installed
software on any of our hardware devices and accompanying
items, including on cd-rom, floppy disc, memory card,
download package or any other data carriers, and all contents
and contents programs (“"Software”").
Please read this EULA carefully. By using all or any portion of
the Software you accept all the terms and conditions of this
EULA. Breaking the seal of a cd-rom, floppy disc or memory
card, and pressing the “"I agree”" button for a download of any
updates, upgrades or supplements is considered use of the
Software.
If you do not agree to the terms of this EULA, do not use the
Software and promptly return the unused Software, as well as
the hardware and accompanying items (“"Hardware”") to the
place where you obtained them. If you have already paid for
the Software and/or Hardware you may obtain a refund of the
purchase price provided that you (a) do not use the Software
and/or Hardware, and (b) forthwith return the Software and/or
Hardware, with proof of payment, to the location from which
it was obtained.
1) GRANT OF LICENSE: This EULA grants a license (“"License”")
that permits you to use the Software, provided the Software
is installed on only one computer or Hardware device at any
time and provided the Software is combined with only one
navigation system. This License is non-exclusive and non-
transferable. This License does not grant any rights to
obtaining future upgrades, updates or supplements of the
Software. If upgrades, updates or supplements of the
Software are obtained, however, the use of such upgrades or
updates is governed by this EULA and the amendments that
may accompany them and may be subject to additional
payments and conditions.
2) COPYRIGHT: Copyright and other intellectual, industrial
and/or proprietary rights to the Software, to any copies that
you may make are owned by TomTom and/or its suppliers.
TomTom permits you to use the Software only in accordance
with the terms of this EULA. All rights not specifically granted
in this EULA are reserved by TomTom. You may either (a)
make one copy of the Software solely for backup or archival
purposes, or (b) transfer the Software to a single medium
provided you keep the original solely for backup or archival
purposes. You may not copy the product manual(s) or written
materials accompanying the Software, except for own use.
You only become the owner of the material data carrier and
you do not acquire ownership of the Software.

End-User License Agreement

3) OTHER RESTRICTIONS: Renting, lending, public
presentation, performance or broadcasting or any other kind
of distribution of the Software and/or the Hardware is
prohibited. Other than as permitted by applicable legislation,
you will not, and you will not allow any person to, modify the
Software and/or the Hardware or any part thereof, to analyze
it by means of reverse engineering, to decompile or
disassemble the Software and/or the Hardware, or to make
products derived from it.
4) CONFIDENTIALITY: You acknowledge and agree that the
Software was developed at considerable time and expense by
TomTom and is confidential to and a trade secret of TomTom
and/or third parties. You agree to maintain the Software in
strict confidence and not to disclose or provide access thereto
to any person.
5) THIRD PARTY SOFTWARE LICENSES: TomTom products
may make use of third party software. Notwithstanding
clauses 2, 3 and 4, use of some third party materials included
in the Software may be subject to other terms and conditions.
The official copyright notices and specific license conditions
of these third party software codes and algorithms are to be
found in or via the ‘'Third Party Software Licenses’'-folder on
the CD/SD/ROM/HardDisk. You hereby agree to the terms and
conditions for such third party software.
6) LIMITED WARRANTY:
a) TomTom does not and cannot warrant that the Software
and/or Hardware operate error-free. You should be
particularly aware of the fact that calculation errors may occur
when using Software and/or Hardware in a navigation system
for instance caused by local environmental conditions and/or
incomplete data.
b) Except for the Limited Warranty document included with
the Hardware (“"Limited Warranty”"), if any, and to the
maximum extent permitted by applicable law, TomTom and
its suppliers provide the Hardware and the Software “"AS IS
AND WITH ALL FAULTS”", and hereby disclaim all other
warranties and conditions, whether express, implied or
statutory, including, but not limited to, any (if any) implied
warranties, duties or conditions of satisfactory quality, of
fitness for a particular purpose, of reliability or availability, of
accuracy or completeness of responses, of results, of
workmanlike effort, of lack of viruses, and of reasonable care
and skill, all with regard to the Software and/or the Hardware,
and the provision of or failure to provide support or other
services, information, software, and related content through
the Software and/or the Hardware or otherwise arising out of
the use of the Software and/or the Hardware. Also, there is no
warranty or condition of quiet enjoyment, quiet possession, or
noninfringement with regard to the Software and/or the
Hardware. This exclusion does not apply to (i) any implied
condition as to title and (ii) any implied warranty as to
conformity with description.
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