End-User License Agreement - Boyo AVN700A Instruction Manual

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NAVIGATION

End-User License Agreement

This End-User License Agreement (EULA) is a legal agreement between you (either
an individual or a single entity) and HORIZON NAVIGATION, INC. for the operating
software and updates thereof that run the digital map database and associated hardware
(collectively the "Software"). By installing or using the Software, you agree to be bound by
the terms of this Agreement. If you do not agree to the terms of this Agreement, return the
Software, along with al other accompanying items in the form they were purchased, within
thirty (30) days after such purchase to the authorized dealer from where the Software was
purchased, for a full refund of any fees paid. Use of the Software without acceptance of
this Agreement is unauthorized and not permitted.
1.
License Grant. HORIZON NAVIGATION, INC. grants you a non-exclusive license to use your
purchased copy of the Software for your own internal purposes of accessing the digital map database
and running the associated hardware and not for service bureau time-sharing, or other similar
purposes.
2.
Limitations On Use. You are not permitted to copy, modify, decompile, disassemble, or reverse
engineer any portion of the Software without the expressed written permission from HORIZON
NAVIGATION, INC.
3.
U.S. Government End Users. The Software is provided with Restricted Rights. Use,duplication, or
disclosure by the Government is subject to restrictions as set forth in subparagraph(c) (1) (II) of the Rights
in Technical Data and Computer Software clause at DFARS 252 227-7013 or subparagraphs (c) (1) and (2)
of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. HORIZON
NAVIGATION, INC., 4701 Patrick Henry Dr. Suite 1301 Santa Clara, CA 95054 USA.
4.
Indemnity. You agree to indemnify, defend and hold free and harmless HORIZON NAVIGATION,
INC., including its licensors, assignees, subsidiaries, affiliated companies, and the respective officers,
directors, employees, shareholders, agents, authorized dealers or sales agents, and representatives
of each of them from and against any liability, loss, injury, demand, cost, expense, or claim of any kind
of character, including but not limited to attorney's fees, arising out of (a) any use or possession of the
Software, or (b) any breach of any warranties or representations made by you in this Agreement or of
your obliga ions under his Agreement.
5.
Disclaimer of Warranty. HORIZON NAVIGATION, INC. does not make any warranties or
representations, either express or implied, with respect to the software, without limiting theforegoing,
HORIZON NAVIGATION, INC. expressly disclaims any implied warranties of quality, performance,
merchantability, fitness for a particular purpose or non-infringement. Some states do not allow the
exclusion of implied warranties, so some portion of the above exclusion may not apply to you.
6.
Limitation of Liability. HORIZON NAVIGATION, INC. shall not be held responsible for any actual,
anticipated or speculative loss of profit or direct, indirect, incidental, special, or consequential damages,
including, without limitation, loss of revenue, data, or use incurred by you or any third party arising
out of your use or possession of the software, whether in an action in contract or tort or based on a
warranty, even if HORIZON NAVIGATION, INC. has been advised of he possibility of such damages.
7.
Warnings.
A. Copies of the digital map database reflect conditions as they existed at various points in time before
your receipt of such copies. Accordingly, copies of the digital database map may contain inaccurate or
incomplete data or information due to inaccurate or incomplete source materials, the passage of time,
road construction, changing conditions, and otherwise.
B. Nei her he Software nor the digital map database include, analyze, process, consider or reflect
any of the following categories of information, i.e., neighborhood quality or safety; population density;
availability or proximity of law enforcement, emergency, rescue, medical or other assistance;
construction work, zones, or hazards; road and lane closures; various legal restrictions (such as
vehicular type, weight, load, height and speed restrictions); road slope or grade; bridge height, width,
weight or o her limits; road, traffic or traffic facili ies safety or conditions; weather condi ions; pavement
characteris ics or conditions; special events; traffic congestion; or travel ime.
8.
Transfer. This Agreement, including all rights, obligations and representations may be transferred to
another individual or single entity, provided the same transfer includes the simultaneous transfer of the
associated hardware in which the Software is installed, and further provided that such other individual
or single entity accepts all the terms of this Agreement. In the event such individual or single entity to
which the Software is transferred does not accept the terms of this agreement, then the License herein
automatically terminates. Further use of the Software is unauthorized and not permitted.
9.
Governing Law. This Agreement shall be governed by he laws of he State of California, with out giving
effect to its conflict of laws provisions.
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