End User Agreement - OEM SNAV-1 Operation Manual

This End-User License Agreement (EULA) is a legal agreement between you (either
an individual or a single entity) and HORIZON NAVIGATION, INC. for the operating
software and updates thereof that run the digital map database and associated hardware
(collectively the "Software"). By installing or using the Software, you agree to be bound by
the terms of this Agreement. If you do not agree to the terms of this Agreement, return the
Software, along with all other accompanying items in the form they were purchased, within
thirty (30) days after such purchase to the authorized dealer from where the Software was
purchased, for a full refund of any fees paid. Use of the Software without acceptance of
this Agreement is unauthorized and not permitted.
1. License Grant. HORIZON NAVIGATION, INC. grants you a non-exclusive license to use
your purchased copy of the Software for your own internal purposes of accessing the
digital map database and running the associated hardware and not for service bureau
time-sharing, or other similar purposes.
2. Limitations On Use. You are not permitted to copy, modify, decompile, disassemble, or
reverse engineer any portion of the Software without the expressed written permission
from HORIZON NAVIGATION, INC.
3. U.S. Government End Users. The Software is provided with Restricted Rights. Use,
duplication, or disclosure by the Government is subject to restrictions as set forth
in subparagraph (c) (1) (II) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227- 7013 or subparagraphs (c) (1) and (2) of the Commercial
Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. HORIZON
NAVIGATION, INC.
4. Indemnity. You agree to indemnify, defend and hold free and harmless HORIZON
NAVIGATION INC., including its licensors assignees, subsidiaries, affiliated companies,
and the respective officers, directors, employees, shareholders, agents, authorized
dealers or sales agents, and representatives of each of them from and against any
liability, loss, injury, demand, cost. expense or claim of any kind of character, including
but not limited to attorney's fees, arising out of (a) any use or possession of the
Software, or (b) any breach of any warranties or representations made by you in this
Agreement or of your obligations under this Agreement.
5. Disclaimer of Warranty. HORIZON NAVIGATION, INC. does not make any warranties
or representations, either express or implied, with respect to the software, without
limiting the foregoing, HORIZON NAVIGATION, INC. expressly disclaims any implied
warranties of quality, performance, merchantability, fitness for a particular purpose or
non-infringement. Some states do not allow the exclusion of implied warranties, so some
portion of the above exclusion may not apply to you.
6. Limitation of Liability. HORIZON NAVIGATION, INC. shall not be held responsible for
any actual, anticipated or speculative loss of profit or direct, indirect, incidental, special,
or consequential damages, including, without limitation, loss of revenue, data, or use
incurred by you or any third party arising out of your use or possession of the software,
whether in an action in contract or tort or based on a warranty, even if HORIZON
NAVIGATION, INC. has been advised of the possibility of such damages.
7. Warnings.
A. Copies of the digital map database reflect conditions as they existed at various points
in time before your receipt of such copies. Accordingly, copies of the digital database
map may contain inaccurate or incomplete data or information due to inaccurate
or incomplete source materials, the passage of time, road construction, changing
conditions, and otherwise.
B. Neither the Software nor the digital map database include, analyze, process, consider
or reflect any of the following categories of information, i.e., neighborhood quality or
safety; population density; availability or proximity of law enforcement, emergency,
rescue, medical or other assistance; construction work, zones, or hazards; road and
lane closures; various legal restrictions (such as vehicular type, weight, load, height
and speed restrictions); road slope or grade; bridge height, width, weight or other
limits; road, traffic or traffic facilities safety or conditions; weather conditions; pavement
characteristics or conditions; special events; traffic congestion; or travel time
8. Transfer. This Agreement, including all rights, obligations and representations may be
transferred to another individual or single entity, provided the same transfer includes
the simultaneous transfer of the associated hardware in which the Software is installed,
and further provided that such other individual or single entity accepts all the terms
of this Agreement. In the event such individual or single entity to which the Software
is transferred does not accept the terms of this agreement, then the License herein
automatically terminates. Further use of the Software is unauthorized and not permitted.
9. Governing Law. This Agreement shall be governed by the laws of the State of California,
without giving effect to its conflict of laws provisions.
End-User License Agreement
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