94 – 95
which cannot be properly controlled. Two
faulty pixels are considered acceptable.
7. These conditions apply neither to software nor
to data or applications that are stored on the
memory card or other storage media. This
guarantee covers only the hardware compo-
nents of the product.
8. There is no express guarantee, neither written
nor verbal, other than this printed limited
guarantee. All implicit guarantees, including –
without being limited to – commercial product
guarantees and suitability for a particular
purpose, only apply for the period of this limited
guarantee. NAVIGON and its licensor are,
insofar as exclusion of liability is legally allowed,
in no way liable for damages for secondary or
consequential damage of any kind, including –
and without being limited to – income profits
and economical disadvantages. In some
countries
liability for secondary or consequential damage
or the limitation of the period of implicit
guarantee is not allowed. In this case, the
above mentioned limitations and exclusions do
not apply.
Protection of your statutory rights
Consumers possess particular statutory rights in
accordance with national laws relating to the sale of
consumer goods. This guarantee does not interfere
with your possible legal rights, or rights that may not
be excluded or limited, or legal claims on the person
from whom you purchased the product. You are
entitled to assert your rights at your own discretion.
Should your product malfunction, please contact
your service partner before laying claim to
guarantee services, in order that the functionality of
your product can be restored as quickly as possible.
13.4 Terms of licence
§ Scope of the terms
This Agreement regulates the relations between the
user and NAVIGON AG, Schottmuellerstrasse 20 A,
20251 Hamburg, developer and proprietor of the
exclusive utilization rights to the NAVIGON software
[
“Software”
]
as specified in the order. Subject
matter of this Agreement shall be deemed to be
copyright interests.
§ Scope of utilization
[
1
]
NAVIGON grants the user the non-exclusive
right, unlimited by time and location, to utilize
the Software at a utilization volume as specified
in the order. The licensing includes the right to
install and use the Software in accordance with
the documentation and pursuant to these
regulations.
[
2
]
The user shall ensure that the above mentioned
restricted utilization rights are complied with.
[
3
]
Any kind of use which supersedes the
framework as stipulated in the Agreement
requires the written consent of NAVIGON. In
the event that such utilization should be
exploited without NAVIGON’s consent,
NAVIGON shall charge the amount accruing for
this extended utilization in accordance with the
valid price list at the time. NAVIGON shall
reserve the right to assert further reaching
claims for compensation of damages. The user
shall have the right to prove lower damages.
[
4
]
All the above mentioned utilization rights shall
only be transferred to the user after full and
final payment of the license fee.
§ Copyright and intellectual property rights
[
1
]
The user recognises the copyright of NAVIGON
and thereby the exclusive utilization and usage
rights of the software. The exclusive utilization
and usage rights also apply to software
extensions or alterations that NAVIGON may
have created for the user in accordance with
the contract.
[
2
]
Any kind of not explicitly authorized copying of
the Software in its entirety or partially, any kind
of not expressly authorized passing on of the
Software and development of similar Software
or segments of such Software or utilization of
the contractual Software as master template
13 Appendix
shall in particular be deemed to be judicially
and contractually prohibited.
[
3
]
Exclusive utilization and exploitation rights also
exist with regard to extended development of
the Software or amendments thereto, which
NAVIGON has created for the user compliant
with order. The user is forbidden from
removing, changing or in any other way
camouflaging the copyright notices and
identifications pertaining to existing protection
rights.
§ Transfer of the software
[
1
]
The user is permitted to sell or give away the
Software and the user manual or any other
accompanying materials on a permanent basis
to third parties, under the proviso that the
acquiring third party is in accord that the
contractual terms and conditions at hand shall
henceforth be also be imposed on it.
[
2
]
In the event of passing on, the user shall hand
over to the new user all copies of the program,
including possible backup copies made or
destroy the copies not handed over. As a result
of imparting, the former user’s utilization rights
to the program shall extinguish.
[
3
]
The user is permitted to sell or give away the
Software and the user manual or any other
accompanying materials to third parties on a
temporary basis, if this is not done within the
framework of leasing or renting out for gainful
purposes, under the proviso that the acquiring
third party is in agreement that the contractual
terms and conditions at hand shall henceforth
also be imposed on it. For the period of
assignment of the Software to third parties, the
assigning user shall have no right to any kind of
utilization of the program. Renting out or
granting a lease for gainful purposes shall be
prohibited. In the event that regular storage of
the entire data base and the integrated
computer programs should be crucial for
security purposes or safeguarding a rapid
reactivation of the computer system after
complete breakdown, the user is permitted to
make the necessary number of essential back-
up copies.
[
4
]
The user may not assign the Software to third
parties if there should be any justified suspicion
that such third party could violate the
contractual terms and conditions, especially
making unlawful copies.
§ Reproduction rights and access protection
[
1
]
The user may reproduce the Software, if the
respective copying should be necessary for
operations. Necessary reproduction shall be
deemed to be the installation of the program
from the original data carrier to the bulk
memory of the installed hardware as well as
loading the program into random access
memory.
[
2
]
Furthermore, the user is permitted to make
copies for backup purposes. However, only
one single backup copy may be made for safe-
keeping. The backup copy has to be identified
as such.
[
3
]
The user may create backup copies, restricted
to absolutely necessary numbers, should it be
necessary to do so due to reasons of data
security or the retention of a quick reactivation
of the computer system after a total failure of
the scheduled backup of the total data storage,
including the computer applications used. The
relevant data carriers are to be designated as
such. The backup copies may only be used for
archive purposes.
[
4
]
Further reproductions, which also include
release of the program code on a printer as well
as photocopying of the manual, may not be
made by the user. Any additional manuals
required by employees have to be obtained
from NAVIGON.
§ Multiple usage and network operation
[
1
]
The user may operate the software on all of his
or her hardware. However, if the user swaps
the hardware, the software must be erased
from the previously used item of hardware. The
simultaneous storage, availability or usage on
