Alpine X409-WRA-JL Navigation Users Manual - Page 85

3.1 This Agreement will be governed by the laws of the country where the Licensor has its statutory seat or in the absence of such incorporation where it has its central administration ("country of residence") without regard to such country's choice of law provisions. 3.2 The courts of the country of residence specified in Section 3.1. above shall have jurisdiction over all disputes related to this Agreement. 3.3 If the User is a "consumer" (a natural person who purchased and uses the Navigation Product for purposes outside its business activities or which can be regarded as being outside his trade or profession), the above choice of law and choice of venue shall not, have the result of depriving the consumer of the protection afforded to him by provisions (including any provision regulating the court having jurisdiction) that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable. 3.4 The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to this Agreement. 4. Object of the Agreement and Termination 4.1 The object of this Agreement shall be the Navigation Product as a whole and the components (the Software, the Databases and the Services) thereof. User acknowledges that all author's rights (including the economic rights) vested in the Software are owned by NNG Software Developing and Commercial Ltd. (registered seat: 35-37 Szépvölgyi út, H-1037 Budapest, Hungary; company reg.no.: 01-09-891838, http://www.nng.com), herein referred to as: Software Owner. 4.2 Any form of display, storage, coding, including printed, electronic or graphic display, storage, source or object code, or any other as yet undefined form of display, storage, or coding, or any medium thereof shall be deemed parts of the Navigation Product. 4.3 Error corrections, updates or upgrades or any other modifications to the Navigation Product used by the User following the conclusion of this Agreement shall also be used in accordance with this Agreement. 4.4 Your rights under this Agreement will terminate immediately without notice from Licensor if you materially breach them, or take any action in derogation of the rights of Licensor, any suppliers holding rights in the Navigation Product and/or their suppliers. Licensor may terminate this Agreement if the Navigation Product as a whole or any part thereof becomes, or in Licensor's (or other suppliers holding rights in the Navigation Product) reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and delete the Navigation Product and confirm compliance in writing to Licensor, if requested. 4.5 Licensor reserves the right to upgrade, modify, withdraw, suspend, or discontinue any Service offering, functionality or feature of the Navigation Product or may terminate distribution of the Navigation Product in its sole discretion due to reasons such as (but not limited to): the provision is no longer financially or otherwise feasible for Licensor, technology advances, or conditions rules change, end user feedback indicates a change or is needed, agreements with third parties no longer permit us to make their Databases or Services available, or external issues arise that make it imprudent or impractical to continue with the provision. 4.6 Licensor reserves the right to replace any Database or Service with another Database or Service having the same or similar functionality. Such change may be executed upon the sole discretion of Licensor. 5. Rights under copyright or other intellectual property rights 5.1 All material copyrights and other intellectual property rights vested in the Navigation Product or any parts thereof, that are not explicitly granted in this Agreement or by virtue of law, are reserved. 5.2 Intellectual property rights of Licensor, the Software Owner or other rightholders extend to the whole Navigation Product and to its parts separately as well. 5.3 The owner(s) of the copyrights of the Database(s) is (are) the Licensor, or natural person(s) or corporate business entity(ies) (referred to as: "Database Owner") who supply them. In the event that the copyright owner of the Database is not the Licensor, the Licensor hereby states that it has obtained sufficient usage and representation rights from the Database Owners in order to utilize the Databases in line with this Agreement. 85