Jensen VX7020A Operating Instructions Manual page 90

term is defined at 48 C.F.R ("FAR") 2.101 and that all use of the Navigation Product is subject to this
Agreement.
3 Applicable law and venue
3.1 This Agreement will be governed by the laws of the country where the Licensor has its statutory seat
or in the absence of such incorporation where it has its central administration ("country of residence")
without regard to such country's choice of law provisions.
3.2 The courts of the country of residence specified in Section 3.1. above shall have jurisdiction over all
disputes related to this Agreement.
3.3 If the User is a "consumer" (a natural person who purchased and uses the Navigation Product for
purposes outside its business activities or which can be regarded as being outside his trade or
profession), the above choice of law and choice of venue shall not, have the result of depriving the
consumer of the protection afforded to him by provisions (including any provision regulating the court
having jurisdiction) that cannot be derogated from by agreement by virtue of the law which, in the
absence of choice, would have been applicable.
3.4 The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded
from application to this Agreement.
4. Object of the Agreement and Termination
4.1 The object of this Agreement shall be the Navigation Product as a whole and the components (the
Software, the Databases and the Services) thereof. User acknowledges that all author's rights (including
the economic rights) vested in the Software are owned by NNG Software Developing and Commercial
Ltd. (registered seat: 35-37 Szépvölgyi út, H-1037 Budapest, Hungary; company reg.no.: 01-09-891838,
http://www.nng.com), herein referred to as: Software Owner.
4.2 Any form of display, storage, coding, including printed, electronic or graphic display, storage, source
or object code, or any other as yet undefined form of display, storage, or coding, or any medium thereof
shall be deemed parts of the Navigation Product.
4.3 Error corrections, updates or upgrades or any other modifications to the Navigation Product used by
the User following the conclusion of this Agreement shall also be used in accordance with this
Agreement.
4.4 Your rights under this Agreement will terminate immediately without notice from Licensor if you
materially breach them, or take any action in derogation of the rights of Licensor, any suppliers holding
rights in the Navigation Product and/or their suppliers. Licensor may terminate this Agreement if the
Navigation Product as a whole or any part thereof becomes, or in Licensor's (or other suppliers holding
rights in the Navigation Product) reasonable opinion likely to become, the subject of a claim of intellectual
property infringement or trade secret misappropriation. Upon termination, you will cease use of, and
delete the Navigation Product and confirm compliance in writing to Licensor, if requested.
4.5 Licensor reserves the right to upgrade, modify, withdraw, suspend, or discontinue any Service
offering, functionality or feature of the Navigation Product or may terminate distribution of the Navigation
Product in its sole discretion due to reasons such as (but not limited to): the provision is no longer
financially or otherwise feasible for Licensor, technology advances, or conditions rules change, end user
feedback indicates a change or is needed, agreements with third parties no longer permit us to make their
Databases or Services available, or external issues arise that make it imprudent or impractical to continue
with the provision.
4.6 Licensor reserves the right to replace any Database or Service with another Database or Service
having the same or similar functionality. Such change may be executed upon the sole discretion of
Licensor.
5. Rights under copyright or other intellectual property rights
5.1 All material copyrights and other intellectual property rights vested in the Navigation Product or any
parts thereof, that are not explicitly granted in this Agreement or by virtue of law, are reserved.
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