Magellan CYCLO 315 Series User Manual page 38

or representatives of Magellan , its suppliers and licensors, which are
inconsistent herewith shall be disregarded by you and shall not be binding
upon Magellan , its suppliers and licensors, if any product model or sample
was shown to you, such model or sample was used merely to illustrate
the general type and quality of the product and not to represent that the
Software would necessarily conform with such model or sample. NO ORAL
OR WRITTEN ADVICE OR INFORMATION PROVIDED BY MAGELLAN ,
ITS SUPPLIERS AND LICENSORS OR ON THEIR BEHALF SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED
WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH
ADVICE OR INFORMATION.
Any liability of Magellan , its suppliers and licensors towards you shall be
void if any damage to the Product is caused by accident, transportation,
neglect or misuse, alteration (which shall include, but not be limited to,
any deviation from the specifications), any unauthorized modification
or enhancement of the Product, failure to maintain a suitable operating
environment, or the use of the Product for other than the specific purpose
for which it was designed.
In no event shall Magellan , its suppliers and licensors be liable for any
third party materials, database and/or their content including the GUI
and all other implications arising from such error or malfunction related to
database.
Provision of the Product under this Agreement shall not create any
obligation for Magellan , its suppliers and licensors to continue to develop,
productize, support, repair, offer for sale or in any other way continue to
provide or develop software either to you or to any other party.
RESTRICTIONS: You are not permitted to: analyze, modify, translate,
adapt, reverse engineer, decompile, disassemble, or otherwise reduce
the Software to a perceivable form; create derivative works based on the
Software or any part thereof, or attempt to increase the functionality of
the Software in any manner; copy or download the Software (except for
backup purposes as stated above), reproduce through any electronic or
mechanical means, and distribute copies – any unauthorized copying is
expressly prohibited; rent, lend, resell, distribute, sublicense or otherwise
transfer rights to the Software, in any other way than assigning the Product
in meeting with below conditions; remove or obscure any copyright or
proprietary notices or labels in the Software; perform, broadcast, display or
present the Software in public.
The Software is the confidential information of Magellan , its suppliers and
licensors. You are not allowed to disclose the Software to third parties.
The removal or obscuring of any copyright, trademark notice or restrictive
legend of Magellan , its suppliers and licensors is not allowed.
ASSIGNMENT: Provided the transferee agrees to the terms of this
Agreement, transfer of the Product may be allowed. Such transfer must
include all copies of the Software and Documentation without restriction. It
also includes all prior versions, updates and upgrades of the Software.
EXPORT RESTRICTIONS: You accept to comply with all applicable
international or national laws (of the European Union, the United States of
America or other) that apply to the Product, including the Software and the
Documentation, and shall not export or re-export the Product, the Software
and the Documentation (or any copies thereof) or any product utilizing the
Product, the Software or the Documentation in violation of any applicable
laws or regulations to any person or entity in any country subject to such
restrictions, including but not limited to Cuba, Iran, Libya, North Korea,
Sudan and Syria, or to any person or entity, wherever located, who intends
to export or re-export to such country. For further information in relation
to this restriction, please seek advice from the relevant governmental
agencies.
INTELLECTUAL PROPERTY RIGHTS: Magellan or its suppliers or licensors,
own all intellectual property rights in and to the Product, the Software and
the Documentation, and any copies thereof. Except as expressly provided
herein, this Agreement does not grant you any rights to patent, copyrights,
trade secret, trademarks, or any other intellectual property rights.
TERMINATION: This Agreement is effective as of the date of its acceptance
until expired or terminated according to the terms of this Agreement. You
may terminate this Agreement at any time by destroying the Product, the
Software and the Documentation together with all copies and merged
portions in any form. This Agreement may be terminated immediately by
Magellan for any reason, including but not limited to any failure to comply
with any term or condition of this Agreement. In such event, you must
destroy the Product, the Software and the Documentation together with all
copies and merged portions in any form. In addition, this Agreement shall
terminate immediately upon the termination of the agreement between
Magellan and any third-party from whom Magellan licenses Software. All
rights granted to you by this Agreement shall cease upon termination
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