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copying is expressly prohibited; rent, lend, resell, distribute,
sublicense or otherwise transfer rights to the Software, in any
other way than assigning the Product in meeting with below
conditions; remove or obscure any copyright or proprietary
notices or labels in the Software; perform, broadcast, display or
present the Software in public.
The Software is the confidential information of Mio, its suppliers
and licensors. You are not allowed to disclose the Software
to third parties. The removal or obscuring of any copyright,
trademark notice or restrictive legend of Mio, its suppliers and
licensors is not allowed.
ASSIGNMENT: Provided the transferee agrees to the terms
of this Agreement, transfer of the Product may be allowed.
Such transfer must include all copies of the Software and
Documentation without restriction. It also includes all prior
versions, updates and upgrades of the Software.
EXPORT RESTRICTIONS: You accept to comply with all
applicable international or national laws (of the European
Union, the United States of America or other) that apply to the
Product, including the Software and the Documentation, and
shall not export or re-export the Product, the Software and the
Documentation (or any copies thereof) or any product utilizing
the Product, the Software or the Documentation in violation of
any applicable laws or regulations to any person or entity in any
country subject to such restrictions, including but not limited
to Cuba, Iran, Libya, North Korea, Sudan and Syria, or to any
person or entity, wherever located, who intends to export or
re-export to such country. For further information in relation to this
restriction, please seek advice from the relevant governmental
agencies.
INTELLECTUAL PROPERTY RIGHTS: Mio or its suppliers
or licensors, own all intellectual property rights in and to the
Product, the Software and the Documentation, and any copies
thereof. Except as expressly provided herein, this Agreement
does not grant you any rights to patent, copyrights, trade secret,
trademarks, or any other intellectual property rights.
TERMINATION: This Agreement is effective as of the date of its
acceptance until expired or terminated according to the terms of
this Agreement. You may terminate this Agreement at any time
by destroying the Product, the Software and the Documentation
together with all copies and merged portions in any form. This
Agreement may be terminated immediately by Mio for any
reason, including but not limited to any failure to comply with
any term or condition of this Agreement. In such event, you
must destroy the Product, the Software and the Documentation
together with all copies and merged portions in any form. In
addition, this Agreement shall terminate immediately upon the
termination of the agreement between Mio and any third-party
from whom Mio licenses Software. All rights granted to you by
this Agreement shall cease upon termination including, but not
limited to, all licenses granted hereunder.
GOVERNING LAW: This Agreement shall be governed by the
laws of England.
LIMITED WARRANTY; LIMITED LIABILITY: All warranties and
limitations of liability applicable to the Product, the Software
and the Documentation are as stated on the limited warranty
provisions as provided by the limited warranty statement to this
Product or in the manual regarding the Product or Software
(“Limited Warranty”). Such warranties and limitations of liability
are entirely incorporated herein by this reference.
EXCEPT AS PROHIBITED BY LAW, MIO AND ITS SUPPLIERS
OR LICENSORS SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE
OR INCIDENTAL DAMAGES OF ANY KIND, OR LOSS
OF INFORMATION OR DATA, ARISING FROM OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF
