Additional Information; End User And Warranty Agreement - Navman iCN 630 User Manual

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ADDITIONAL INFORMATION

End User License and Warranty Agreement
Software Product License:
IMPORTANT - Please read carefully
NAVMAN (THE LICENSOR) IS WILLING TO LICENSE THE iCN 630 SmartMAP SOFTWARE (THE SOFTWARE) TO
YOU (THE CUSTOMER) ONLY IF YOU ACCEPT ALL THE TERMS OF THIS LICENCE. PLEASE READ THE TERMS
CAREFULLY, BECAUSE USING THIS SOFTWARE WILL BE DEEMED TO BE YOUR ACCEPTANCE THAT YOU ARE
USING IT ON THE FOLLOWING TERMS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE DO NOT INSTALL OR USE THE SOFTWARE AND RETURN
THIS PRODUCT PROMPTLY, INCLUDING ALL PACKAGING AND WRITTEN MATERIALS, TO THE LICENSOR’S
REPRESENTATIVE AND ANY AMOUNT YOU MAY HAVE PAID WILL BE REFUNDED TO YOU (LESS ANY DELIVERY AND
HANDLING CHARGES).
1. The Licensor grants to the Customer a non-exclusive, non-transferable licence to use: (a) one copy of the Software on
one of the Customer’s handheld devices; and (b) the accompanying materials, including any manuals contained in the
Software (the Materials), in accordance with the terms and conditions of this Licence.
2. Where the Customer uses the Software on a handheld or any other device (the Device) in a vehicle, the Customer must
not place, secure or use the handheld device in a manner that may cause accidents, personal injury or property damage
or in any way obstruct the visibility of the Customer. The Customer is solely responsible for observing safe driving
practices and will not operate the Software while operating a vehicle.
3. The copyright and all other intellectual property rights in the Software and Materials (including any enhancements
or modifications) are vested in the Licensor. The Customer must not to rent, lease, reproduce, translate, adapt,
vary, reverse-engineer or modify the Software or Materials nor communicate the same to any person other than in
accordance with the terms of this Licence.
4. The Customer may not copy the Software or Materials except that one copy of the Software may be made to the extent
that such copying is necessary for the Customer’s own backup purposes.
5. Except for the warranty provided by the Licensor for the product that includes the Software the Licensor expressly
excludes to the fullest extent permitted by law all representations or warranties, express or implied (except any which
may not lawfully be excluded), including the implied warranties of merchantability and fitness for a particular purpose.
6. The Licensor will not in any circumstances be liable under the law of tort, contract or otherwise for any indirect or
consequential loss or damage, including any loss of profits, however caused, arising in connection with the use of, or
inability to use, the Software.
If any limitation or exclusion or liability contained in this Licence is held to be invalid for any reason and the Licensor
becomes liable for loss or damage that would otherwise have been excluded, that liability will be limited to the total
amount actually paid by the Customer for the Software.
7. The Licensor may terminate this Licence immediately if the Customer breaches any of its obligations under this Licence.
Immediately following termination of this Licence the Customer must deliver to the Licensor’s Representative, or destroy
all copies of, the Software and Materials in whatever form possessed by the Customer.
Limited Warranty:
IMPORTANT: The following terms and conditions may vary from country to country. Please check with Your Navman dealer
from where You purchased the product.
Hardware Product: Navman warrants its products to be free from defects in materials or workmanship under normal
use for one year from the date of purchase (the Warranty Period) to the original owner (You). To claim under this warranty,
You must return the product to the place of purchase, or a service centre approved by Navman (Service Centre). You
must produce an original sales receipt as proof of purchase. You will be solely responsible for all shipping charges,
freight, insurance and proper packaging to prevent breakage in transit. Navman will, at its discretion, repair or replace any
defective product or its components at no cost to You for parts and labour. The replacement product or component takes
on the warranty status of the original product or component. This is Your exclusive remedy for defective products.
Limitations: This warranty does not apply to products that have been damaged or rendered defective: (a) as a result of
incorrect installation, misuse, mishandling, misapplication, accident, abuse, breakage or other external causes; (b) by
operation outside the usage specifications stated in the product documentation; (c) by modification or service other than
by Navman or its approved Service Centres.
Software Product: Navman warrants that (a) the software will perform substantially in accordance with the accompanying
written materials for a period of 90 days from the date of purchase, and (b) any technical support provided by Navman or
its approved Service Centres shall make commercially reasonable efforts to solve any problem or issues. Some countries,
states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation of 90 days may
not apply to You.
Limitation of Liability
To the fullest extent permitted by law, Navman will not be liable in any event, whether in tort (including negligence), contract
or otherwise for any damage including loss of profits, any consequential, indirect or special damage, loss or injury of any
kind suffered by You or any other person. Except as expressly set out in this warranty, Navman makes no other warranties,
express or implied, including any implied warranties of merchantability and fitness for a particular purpose. If any limitation or
exclusion or liability contained in this warranty is held to be invalid for any reason and Navman becomes liable for loss or damage
that would otherwise have been excluded, such liability will be limited to the total amount actually paid by You for the product.
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