Magellan CrossoverGPS Quick Start Manual page 87

(3) finishes;
(4) installations or defects resulting from installation;
(5) any damage caused by (i) shipping, misuse, abuse, negligence, tampering, moisture, liquids, proximity
or exposure to heat, or improper use; (ii) disasters such as fire, flood, wind, and lightning; (iii) unauthorized
attach ments or mod ification;
(6) service performed or attempted by anyone other than an authorized
Magellan
Service Center;
(7) any product, components or parts not manufactured by Magellan,
(8) that the receiver will be free from any claim for infringement of any patent, trademark, copyright or
other proprietary right, including trade secrets
(9) any damage due to accident, resulting from inaccurate satellite transmissions. Inaccurate
transmissions can occur due to changes in the position, health or geometry of a satellite or modifications to
the receiver that may be required due to any change in the GPS. (Note:
Magellan
GPS receivers use GPS or
GPS+GLONASS to obtain position, velocity and time information. GPS is operated by the U.S. Government
and GLONASS is the Global Navigation Satellite System of the Russian Federation, which are solely
responsible for the accuracy and maintenance of their systems. Certain conditions can cause inaccuracies
which could require modifications to the receiver. Examples of such conditions include but are not limited
to changes in the GPS or GLONASS transmission.).
Opening, dismantling or repairing of this product by anyone other than an authorized
Magellan
Service
Center will void this warranty.
6. EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES
MAGELLAN SHALL NOT BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR ANY INDIRECT
INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, DAMAGES RESULTING FROM DELAY OR LOSS OF USE, LOSS OF OR DAMAGES ARISING OUT
OF BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY EVEN THOUGH CAUSED BY
NEGLIGENCE OR OTHER FAULT OF MAGELLAN OR NEGLIGENT USAGE OF THE PRODUCT. IN NO
EVENT WILL MAGELLAN BE RESPONSIBLE FOR SUCH DAMAGES, EVEN IF MAGELLAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some national, state, or local laws do not allow the exclusion or limitation of incidental or consequential
damages, so the above lim itation or exc Iusion may not apply to you.
7. COMPLETE AGREEMENT
This written warranty is the complete, final and exclusive agreement between Magellan and the purchaser
with respect to the qual ity of performance of the goods and any and all warranties and representations. TH IS
WARRANTY SETS FORTH ALL OF MAGELLAN'S RESPONSIBILITIES REGARDING THIS PRODUCT.
THIS WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM
LOCALITY TO LOCALITY AND CERTAIN LIMITATIONS CONTAINED IN THIS WARRANTY MAY NOT APPLY
TO YOU.
If any part of this limited warranty is held to be invalid or unenforceable, the remainder of the limited
warranty shall nonetheless remain in full force and effect.
8. CHOICE OF LAW.
This limited warranty is governed by the laws of the State of California, without reference to its conflict of
law provisions or the U.N. Convention on Contracts for the International Sale of Goods, and shall benefit
Magellan, its successors and assigns.
This warranty does not affect the consumer's statutory rights under applicable laws in force in their locality,
nor the customer's rights against the dealer arising from their sales/purchase contract.
For further information concerning this limited warranty, please call or write:
Magellan Navigation, Inc. - 960 Overland Court - San Dimas, California, U.S.A. 91773
Phone:
+
1 909-394-5000.
MAGELLAN GPS RECEIVER PRODUCT
END USER SOFTWARE LICENSE
- READ CAREFULLY BEFORE OPENING THE SEALED DISK PACKAGE, INSTALLING THIS PROGRAM
OR USING THE DEVICE.
By clicking the acceptance button, installing the software provided on the CD or using the preloaded
software and data (together the "Software"), you are agreeing to be bound by all of the terms and
conditions of this software license agreement ("Agreement") including, without limitation, the use
restrictions, warranty disclaimer and limitation of liability set forth herein. If you do not agree to be
bound by all of the terms and conditions of this Agreement, you should immediately STOP
INSTALLATION or USE of the Software and refer any questions in writing to: Magellan Customer
Support, 960 Overland Court, San Dimas, California, 91773.
The Iicense is not a sale of the Software. The Software and the accompanyi ng documentation are
copyrighted works of authorship and contain valuable secret and confidential information proprietary to
Magellan ("Licensor") and its third-party suppliers, including data supplied by NAVTEQ, each of whom
retain the ownership of the information and all copyrights and other proprietary rights therein. You
agree to exercise reasonable efforts to protect these proprietary interests. You agree to exercise all
reasonable efforts to protect these rights. Copyright law prohibits making copies of the Software for any
reason, nor may you copy the written material accompanying the Software.
Under this Agreement, you have a limited, non-exclusive, non-transferable license to use the Software
contained in with the product for your personal use only, subject to the User Restrictions below. You
may not sublicense, rent or lease the Software, but you may permanently transfer your license to use the
Software and accompanying materials by delivering to another party the original copy of the Software
package, including this Agreement, together with the hardware. The transferee must then confirm, in
writing to Licensor, its agreement to all terms and conditions outl ined in this Software License. Such
transfer terminates your license to use the Software. Licensor and its third-party suppliers retain all
rights to the Software. If Software is provided on a CD you may install a single copy of Software on a
single computer to enable you to download data from that computer for use with a single Magellan
family handheld GPS receiver. Licensor and its third-party suppliers retain all rights to the program not
expressly granted by th is Agreement.
User Restrictions. The Software may only be used on a single computer and on a single Magellan GPS
receiver owned or leased by you. You may not operate the Software in a time-sharing or service bureau
operation, on a temporary or permanent basis, without the prior written consent of Licensor. Except to
the extent explicitly permitted by mandatory laws (e.g. national laws based on the European Software
Directive (91/250) and the Database Directive (96/9)), you agree not to translate, modify, adapt,
disassemble, decompile, or reverse engineer the Software, or create derivative works of the Software or
documentation or any portion thereof. You may only use the Software with a Magellan GPS receiver
manufactured by Licensor. Unauthorized reproduction or distribution of the Software, or any portion of
it, may result in civil and criminal penalties and will be prosecuted to the maximum extent possible
under the law. You may not remove any copyright notices that appear. If you wish to obtain
interoperability information as defined in the national laws based on the European Software Directive,
you shall grant Licensor and its third party suppliers a reasonable opportunity to provide said
information on reasonable terms, including costs, to be determined by Licensor and its third party
suppliers. End User shall indemnify and save harmless, the Licensor and its third-party suppliers (and
their third-party suppliers) and their officers, employees and agents from and against any claim,
demand or action, irrespective of the nature or the cause of the claim, demand or action, alleging loss,
costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or
possession of the Software.
This Agreement is effective until terminated. The license will terminate without any notice from
Licensor if you fail to comply with any provisions of this Agreement. Upon termination, you must cease
all use of the Software and documentation and return them, and any copies thereof, to Licensor. The
Agreement is governed by and construed in accordance with the laws of the State of California without