Nextar Q4-MD User Manual - Page 83

technical limitations, the Licensor does not warrant for the Software Product being completely

Page 83 highlights

representation rights from the Database Owner in order to utilize and give into further utilization the map database as set forth in this Agreement. 5.4 In the conclusion and execution of this Agreement the Database Owner is represented by Licensor in relations to the User. 5.5 By concluding this Agreement, Licensor shall withhold all rights vested in the Software Product, except for those that the User is entitled to according to explicit legal regulations or that of this Agreement. 6 Rights of the User 6.1 The User is entitled to install the Software Product on one hardware device (desktop, handheld, portable computer, navigation device) at a time, and to run and use one copy thereof. 6.2 The User is entitled to make one security copy of the Software Product. However, if the Software Product is operational after installation without the use of the original media copy, then the original media copy is deemed to be a security copy. In all other cases, the User is only entitled to use the security copy if the original media copy of the Software Product has become unsuitable for proper and legal use without any doubt, such state thereof being supported by acceptable proof. 7 Limitations of use 7.1 The User is not entitled 7.1.1 to duplicate the Software Product (to make a copy thereof); 7.1.2 to lease, rent, lend, distribute, transfer it to a third person with or without a consideration; 7.1.3 to translate the Software Product (including translation (compilation) to other programming languages); 7.1.4 to decompile the Software Product; 7.1.5 to modify, extend, transform the Software Product (in whole or in part), to separate it into parts, compose it with other products, install it in other products, utilize it in other products, not even with the aim of achieving interoperability with other products; 7.1.6 apart from using the computer program, to obtain information from the map database included in the Software Product, to decompile the map database, to use, copy, modify, extend, transform the map database in whole or in part or the group of data stored therein, or to install it in other products, utilize it in other products, not even with the aim of achieving interoperability with other products; 8 Non-warranty, limitation of responsibility 8.1 Licensor hereby informs the User that although the greatest care was taken in producing the Software Product, yet with respect to the essence of the Software Product and the technical limitations, the Licensor does not warrant for the Software Product being completely error-free, and the Licensor is not bound by any contractual obligation by which the Software Product obtained by the User should be completely error-free. 8.2 The Licensor does not warrant that the Software Product is suitable for any purpose defined either by the Licensor or the User, and does not warrant that the Software Product is capable of interoperating with any other system, device or product (e.g. software or hardware). 8.3 The Licensor does not assume any responsibility for damages incurred due to an error in the Software Product (including errors of the computer program, the documentation and the map database). 8.4 The Licensor does not assume any responsibility for damages incurred due to the Software Product not being applicable for any defined purpose, or the error or lack of interoperability thereof with any other system, device or product (e.g. software or hardware). 8.5 The Licensor shall hereby also draw the attention of the User with great emphasis to the fact that while utilizing the Software Product in any form of transportsation, observing the traffic regulations and rules (e.g. use of obligatory and/or reasonable and suitable security measures, proper and generally expected care and attention in the given situation, and special care and attention required due to utilizing the Software Product) is the exclusive 84

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representation rights from the Database Owner in order to utilize and give into further
utilization the map database as set forth in this Agreement.
5.4 In the conclusion and execution of this Agreement the Database Owner is represented by
Licensor in relations to the User.
5.5 By concluding this Agreement, Licensor shall withhold all rights vested in the Software
Product, except for those that the User is entitled to according to explicit legal regulations or
that of this Agreement.
6 Rights of the User
6.1 The User is entitled to install the Software Product on one hardware device (desktop,
handheld, portable computer, navigation device) at a time, and to run and use one copy
thereof.
6.2 The User is entitled to make one security copy of the Software Product. However, if the
Software Product is operational after installation without the use of the original media copy,
then the original media copy is deemed to be a security copy. In all other cases, the User is
only entitled to use the security copy if the original media copy of the Software Product has
become unsuitable for proper and legal use without any doubt, such state thereof being
supported by acceptable proof.
7 Limitations of use
7.1 The User is not entitled
7.1.1 to duplicate the Software Product (to make a copy thereof);
7.1.2 to lease, rent, lend, distribute, transfer it to a third person with or without a consideration;
7.1.3 to translate the Software Product (including translation (compilation) to other
programming languages);
7.1.4 to decompile the Software Product;
7.1.5 to modify, extend, transform the Software Product (in whole or in part), to separate it
into parts, compose it with other products, install it in other products, utilize it in other products,
not even with the aim of achieving interoperability with other products;
7.1.6 apart from using the computer program, to obtain information from the map database
included in the Software Product, to decompile the map database, to use, copy, modify,
extend, transform the map database in whole or in part or the group of data stored therein, or
to install it in other products, utilize it in other products, not even with the aim of achieving
interoperability with other products;
8 Non-warranty, limitation of responsibility
8.1 Licensor hereby informs the User that although the greatest care was taken in producing
the Software Product, yet with respect to the essence of the Software Product and the
technical limitations, the Licensor does not warrant for the Software Product being completely
error-free, and the Licensor is not bound by any contractual obligation by which the Software
Product obtained by the User should be completely error-free.
8.2 The Licensor does not warrant that the Software Product is suitable for any purpose
defined either by the Licensor or the User, and does not warrant that the Software Product is
capable of interoperating with any other system, device or product (e.g. software or hardware).
8.3 The Licensor does not assume any responsibility for damages incurred due to an error in
the Software Product (including errors of the computer program, the documentation and the
map database).
8.4 The Licensor does not assume any responsibility for damages incurred due to the
Software Product not being applicable for any defined purpose, or the error or lack of
interoperability thereof with any other system, device or product (e.g. software or hardware).
8.5 The Licensor shall hereby also draw the attention of the User with great emphasis to the
fact that while utilizing the Software Product in any form of transportsation, observing the
traffic regulations and rules (e.g. use of obligatory and/or reasonable and suitable security
measures, proper and generally expected care and attention in the given situation, and
special care and attention required due to utilizing the Software Product) is the exclusive