Sanyo NVM-4070 Instruction Manual page 7

3. Other Intellectual Proprietary Rights
Licensor or its supplier is the owner of all right, title and interest in and to
the Software and its documents such as user manual and any and all copies
thereof. The proprietary ownership of all data operated using this Software
shall remain with the respective owner(s) and shall be protected by the inter-
national conventions and treaties and other intellectual proprietary rights.
Licensee shall not be deemed, by anything contained in or done pursuant to
this Agreement to acquire any right, title, or interest in any trademark, copy-
right, patent or other intellectual property of Licensor, and shall do nothing
to prejudice the value or validity of the respective owner's rights therein or
ownership thereof. Licensor shall preserve the proprietary ownership of any
and all rights and titles in the Software not specifically provided herein.
4. Backup copy
After having installed a copy of the Software pursuant to this Agreement,
Licensee may make a single copy of the Software for backup and archival
purposes only, provided that any copy must contain all proprietary notices
included in the original. If another original medium becomes necessary to
use the Software on a computer under this Agreement, Licensee may make a
single copy of the Software. Except as specifically provided herein, Licensee
shall refrain from making copy of the Software or its incidental documents
such as user manual in any manner whatsoever.
5. DISCLAIMER OF WARRANTY:
THE SOFTWARE IS DEEMED ACCEPTED BY LICENSEE UPON IT'S
USE BY LICENSEE. THE SOFTWARE IS PROVIDED TO LICENSEE
AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. LICENSOR FURTHER
DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITA-
TION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FIT-
NESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE
OF THE PRODUCT AND DOCUMENTATION REMAINS WITH LIC-
ENSEE. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDI-
RECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER
NVM-4070 Portable Navigation System
Contents
(INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSI-
NESS INFORMATION, OR OTHER PECUNIARYLOSS) ARISING OUT
OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE
PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POS-
SIBILITY OF SUCH DAMAGES. LICENSOR DOES NOT WARRANT
THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS OR
DEFECTS, THE SOFTWARE ROUTINE OR OTHER SOFTWARE
DESIGNED TO RESTRICT UNAUTHORIZED ACCESS; OR TO DIS-
ABLE, ERASE OR OTHERWISE HARM THE SOFTWARE, HARD-
WARE, OR DATA; OR TO PERFORM ANY OTHER SUCH ACTIONS
AND LICENSOR HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
LIABILITIES TO RESTORE ANY SUCH DEFECTS.
6. Indemnification:
Licensor will not have any liability to Licensee for, and Licensee will defend
and hold Licensor harmless against, any claim, expense, judgment, liability,
or loss (including attorneys' fees and expert witnesses' expenses) based on
Licensee's use of any content of the Software, arising from any intellectual
property claim (including patent, trademark, copyright, or trade secret
infringement), any right of publicity or privacy claim, or any defamation or
unfair competition claim.
7. Termination.
Without prejudice to any other rights, Licensor may terminate this Agree-
ment if Licensee fails to comply with the terms and conditions herein. Lic-
ensee may also terminate this Agreement at any time by destroying the
Software and Documentation and all copies thereof. The provisions of sec-
tions 2, 3, 4, 5, 6 and 7 shall survive any termination of this Agreement.
7
Index
Introduction