Magellan RoadMate 1430 User Manual page 84

provided with the Software, including the use restrictions, warranty disclaimer and limitation of liability set
forth therein. If Customer does not agree to be bound by all of the terms and conditions of this Agreement,
Customer must immediately stop installation and/or use of the Software, where applicable, and return the
Software to Magellan at:
(for Americas, Asia & Pacific)
Magellan Customer Support, 960 Overland Court, San Dimas, CA 91773, USA
(for Europe, Middle East & Africa)
Magellan Customer Support, Z.A.C. de la Fleuriaye, B.P. 6043344474 Carquefou Cedex, France
1.Grant of License to Software. Magellan hereby grants to Customer a non-exclusive, personal and non-
assignable license to install, operate and use the Magellan software product covered by this Agreement
("Software") and use the documentation provided with the same ("Documentation"), subject to the following
restrictions:
(i) Customer shall use the Software for non-commercial purposes only and on a single computer owned or
leased by Customer, provided that Customer may transfer the Software from one computer to another so long
as the Software is operated only on one (1) computer at any time;
(ii) Customer shall use the Software solely to download data from that computer for use solely with a single
Magellan family handheld GPS receiver, and shall not sell, trade, lease, rent or hire out the Software to any
third party or otherwise act as a service bureau (which restriction, for the avoidance of doubt, shall extend to
any situation in which Customer becomes subject to any bankruptcy or insolvency laws or otherwise makes
any assignment for the benefit of its creditors);
(iii) Customer shall not modify, reverse engineer, decompile or disassemble or create derivative works of the
Software;
(iv) Customer shall not copy the Documentation; and
(v) Customer shall not remove or obscure the copyright, trademark notice, restrictive legend or any other
proprietary rights or notices included within the Software and on and in any documentation and training
materials.
Magellan (and, where applicable, its third party suppliers) retain all rights to the Software and any software
program(s) embedded into same and supplied by Magellan under license from third party suppliers, including
NAVTEQ North America, LLC and Tele Atlas N.V. ("Third Party Software"), not expressly granted to Customer
under this Agreement.
2.Third Party Software. Customer acknowledges that certain Third Party Software may be embedded in the
Software. As such, Customer may be required in connection with its use of the Software to agree to the terms
and conditions the applicable third party supplier requires of its end users. For installable and/or download-
able Software, such terms and conditions may require additional steps for Customer to manifest consent. For
boxed software, Customer shall be provided with copies of such terms and conditions and is required to
review and comply with same. In any event, Customer acknowledges and agrees that its rights to and use of
each item of Third Party Software shall be subject to the terms and conditions governing the same.
3.Copies of Software. Customer shall have the right to make one (1) copy of the Software for archival and
backup purposes, provided that such copy shall also reproduce all copyright and intellectual property rights
notices found on the original.
4.Ownership of Software and Certain Intellectual Property Rights. The license granted to Customer under
Section 1 is not a sale of the Software. The Software, Third Party Software and Documentation are
copyrighted works of authorship and contain valuable secret and confidential information proprietary to
Magellan and its third party suppliers, as applicable. Any and all intellectual property rights in or to the Soft-
ware and Documentation shall be and remain the sole property of Magellan, and any and all intellectual
property rights in or to any Third Party Software shall be and remain the sole property of the applicable third
party supplier. Customer shall exercise due care in connection with the use, storage and copying of the
Software and will treat the Software, Third Party Software and the Documentation with the same degree of
care that it uses for its own confidential information. For the avoidance of doubt, as between Customer and
Magellan, Magellan shall retain exclusive use and ownership of all trademarks related to the Software.