Nextar X3-09 X3-09 Software Manual - Page 71

6 End User Licence Agreement 1 The contracting parties 1.1 Contracting parties to this Agreement are, on the one hand: Nav N Go Kft. (23 Bérc utca, H-1016 Budapest, Hungary; Hungarian reg.no.: 01-09-891838) as Licensor and the legal user (as defined in Section 2) of the object of this Agreement according to Section 4, hereinafter referred to as User on the other hand (hereinafter jointly referred to as Parties). 2 Conclusion of the Agreement 2.1 The Parties hereby acknowledge that this Agreement shall be concluded by implicit conduct of the Parties, without a signature of the Parties. 2.2 The User hereby acknowledges that following the lawful acquisition of the software product constituting the object of this Agreement (Section 4), any degree of use, installation to a computer or other hardware, installation of such hardware into a vehicle, pressing of the "Accept" button displayed by the software during installation or use (hereinafter referred to as Actions of Use) shall be deemed as implicit conduct resulting in the conclusion of the Agreement between the User and the Licensor. 2.3 This Agreement shall by no means entitle persons who unlawfully acquire, use, install on a computer, install in a vehicle or utilize in any manner whatsoever the Software Product. 2.4 The End User Licence Agreement between the Parties shall be concluded with terms set forth in this Agreement. 2.5 The time of conclusion of this Agreement is the time of executing the first Action of Use (commencement of use). 3 Applicable law 3.1 In issues not regulated by this Agreement, the jurisdiction of the Republic of Hungary shall be applicable, with specific reference to the Act No. 4 of 1959 on the Civil Code (CC) and to Act No 76 of 1999 on Copyrights (CA). 3.2 This agreement is issued in NOTE TO TRANSLATOR - PLEASE INSERT YOUR LANGAUGE and in Hungarian. In case of dispute the Hungarian text shall prevail. 4 The object of the Agreement 4.1 The object of this Agreement shall be the navigation guidance software product of Licensor (hereinafter referred to as Software Product). 4.2 The Software Product shall include the operating computer program, its complete documentation, and the map database belonging thereto. 4.3 Any form of display, storage, coding, including printed, electronic or graphic display, storage, source or object code of the Software Product, or any other as yet undefined form of display, storage, or coding, or any medium thereof shall be deemed as part of the Software Product. 4.4 Error corrections, additions, updates used by the User as defined in Section 2 following the conclusion of this Agreement shall also be deemed as part of the Software Product. 5 Owner of copyrights 5.1 The Licensor - unless contractual or legal regulations state otherwise - is the exclusive owner of all material copyrights vested in the Software Product. 5.2 Copyrights extend to the whole Software Product and its parts separately as well. 5.3 The owner(s) of the copyrights of the map database forming part of the Software Product is (are) natural person(s) or corporate entity(ies) as listed in the Appendix to this Agreement or in the "About/Map" menu item of the operating computer program (hereinafter referred to as Database Owner). Licensor hereby states that Licensor has obtained sufficient usage and representation rights from the Database Owner in order to utilize and give into further utilization the map database as set forth in this Agreement. 71