Mio Cyclo 300 Series User Manual page 26

OF THE CD/DVD/MEMORY CARD, WILL CONSTITUTE YOUR ACCEPTANCE TO
THIS AGREEMENT.
GRANT OF LICENSE: This Agreement grants you a non-exclusive, non-
transferable and revocable license to use the accompanying software program
already installed on the Product and/or contained on the CD/DVD/memory
cards and any other storage media, and the digital map data included therein
("Software") as installed on only one product at any time.
This Agreement does not imply or grant you any rights to future updates or
upgrades of the Software unless expressly instructed by Mio in writing. Any
updates or upgrades shall be also governed by this Agreement and may be
subject to additional payments.
You may only copy the Software and all the supporting, accompanying
documentation ("Documentation") as essential for backup or archive purposes
in support of your use of the Software as permitted hereunder. You must
reproduce and include all copyright notices and any other proprietary rights
notices appearing on the Software and the Documentation on any copies that
you make.
The package of the Product may contain multiple versions of this Agreement,
such as multiple translations and/or multiple media versions. Even if you
receive multiple versions of this Agreement, you are licensed to use only one
copy of the Software.
RESTRICTIONS: You are not permitted to lease, rent, lend, publicly perform
or broadcast, distribute or sublicense the Software or use the Software in a
time-sharing arrangement or in any other unauthorised manner. You shall
not download or share the Software and/or the digital map data contained
therein from or transferring them to another computer or data carrier.
Modification, making derivative work on, reverse engineering, compile,
decompile, or disassembly of the Software is expressly prohibited, except
and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation. However, if you need the information
necessary to achieve interoperability of the Software with other third party
software programs, upon your written request to Mio and at Mio's sole
judgment, the information may be available to you from Mio.
NO ASSIGNMENT: You may permanently transfer all of your rights under this
Agreement only as part of a sale or transfer of the Product provided you retain
no copies and transfer all copies of the Software as well as the Documentation
to the same party or destroy any such materials not transferred, and the
recipient agrees to the terms of this Agreement. Any transfer must include all
prior versions, updates and upgrades of the Software. Except as set forth above,
you may not transfer or assign the Software or any of your rights under this
Agreement.
EXPORT RESTRICTIONS: You agree to comply with all applicable international
or national laws that apply to the Software and/or the Documentation, and
you will not export or re-export the Software or Documentation (or any copies
thereof) or any product utilizing the Software or Documentation in violation of
any applicable laws or regulations of the United States or the country in which
you obtained them.
OWNERSHIP; INTELLECTUAL PROPERTY RIGHTS: Mio or its suppliers or
licensors thereof, owns all title, ownership and intellectual property rights in
and to the Software and the Documentation, and any copies thereof regardless
of the form or media. Except as expressly provided herein, this Agreement does
not grant you any rights to patent, copyrights, trade secret, trademarks, or any
other rights in respect to the Software and the Documentation.
TERMINATION: This Agreement is effective until terminated. You may
terminate this Agreement at any time by destroying the Software and the
Documentation together with all copies and merged portions in any form.
This Agreement will also be terminated immediately if you fail to comply with
any term or condition of this Agreement. In such event, you must destroy the
Software and the Documentation together with all copies and merged portions
in any form.
GOVERNING LAW: This Agreement shall be governed by the laws of People's
Republic of China. The United Nations Convention on Contract for the
international Sale of Goods is hereby excluded in its entirety from application
to this Agreement.
LIMITED WARRANTY; LIMITED LIABILITY: All warranties and limitations of
liability applicable to the Software and the documentation are as stated on the
Limited Warranty or in the product manual accompanying the Software or the
Product. Such warranties and limitations of liability are incorporated herein
their entirety by this reference.
EXCEPT AS PROHIBITED BY LAW, MIO AND ITS SUPPLIERS OR LICENSORS
SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, OR LOSS OF
INFORMATION OR DATA, ARISING FROM OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THE SOFTWARE AND/OR DOCUMENTATION.
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