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ALK Technologies, Inc. LICENCE AGREEMENT
CoPilot | Linux with AUSTRALIAN DATA
LICENCES: 1 User
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE USER (either an individual or an
entity), AND ALK Technologies, Inc. ("ALK"). IF YOU DO NOT AGREE TO THE TERMS OF
THIS LICENCE, DO NOT INSTALL THE SOFTWARE. Promptly return the package and
accompanying materials (including written materials and containers) to the dealer from which
you obtained them for a full refund.
INSTALLING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS OF THIS
LICENCE.
1. Grant of Licence:
This ALK Licence Agreement ("Licence") is a single-user, non-exclusive, non-transferable
licence agreement and not an agreement for sale. ALK hereby licences the on-line User Guide
and CD-ROM software identified above (collectively, "the Software") to you under the
following terms and conditions.
The Software may not be loaded onto a network of any type. You may use the Software on any
compatible personal computer, provided you use it on only one computer at a time. The
Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM)
or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of
that computer. If the Software is permanently installed on the hard disk or other storage
device of a computer (other than a network server) and one person uses that computer more
than 80 percent of the time it is in use, then that person may also use the Software on a
portable or home computer. You may make a single back-up or archival copy of the Software
for back-up purposes only. You may not transfer this Software or assign this Licence
Agreement to another party.
You are NOT permitted, during the term of this Licence Agreement and thereafter to:
• Use the Software on a network or file server.
• Use or copy the Software or the accompanying documentation except as provided in this
Licence Agreement.
• Alter, merge, modify, or adapt the Software or the accompanying documentation in any
way including disassembling or decompiling this Software.
• Loan, lease, sell, transfer, or sublicence the Software or the accompanying documentation.
• Copy, loan, lease, sell, transfer, or sublicence any output of this Software (including but not
limited to printed maps and driving itineraries); However, you may provide a limited
number of printed copies (up to 10) of a single trip to family members or traveling
companions.
• You are not permitted to use the Software for motor-carrier tariff or routing purposes.
• Electronic reproduction and transmission of output to remote locations are not
permitted.
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ALK retains all rights not expressly granted. Nothing in this Licence Agreement constitutes a
waiver of ALK's rights under the U.S. copyright laws or other applicable copyright laws or any
other federal or state law.
2. Term:
This Licence is effective upon receipt by you of the Software and upon opening the package.
The Licence is effective until terminated. You may terminate this Licence at any time by
returning all copies of the Software, and any portions thereof, to ALK. The Licence terminates
automatically if you fail to comply with any of the terms of this Licence Agreement. You agree
upon such termination to return or destroy this CD-ROM and all other copies of the Software
and certify in writing to ALK that you have done so.
3. Limited Warranty:
ALK warrants that all media on which the Software is furnished shall, for a period of 90 days
from delivery (the "Warranty Period") be free, in normal use, from defects in material and
workmanship. ALK will have no responsibility to replace any disc(s) that have been damaged by
accident, abuse, or misapplication.
Customer Remedies: ALK's entire liability and your exclusive remedy shall be, at ALK's option,
either (a) return of the price paid or (b) replacement of the media that does not meet ALK's
Limited Warranty, and that is returned to ALK with a copy of your receipt.
Except as specifically provided above, ALK MAKES NO OTHER WARRANTY OR
REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE
OR DOCUMENTATION, INCLUDING ANY WARRANTY AS TO THE QUALITY,
PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN
NO EVENT WILL ALK BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE LICENCE
FEE OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR
DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
CASE SHALL ALK'S LIABILITY EXCEED THE AMOUNT OF THE LICENCE FEE.
While the information contained in the Software was believed to have been correct at the time
of publication, ALK cannot guarantee its accuracy and shall not be subject to liability for any
errors or omissions. Information in the Software and its accompanying preprinted materials is
subject to change without notice and does not represent a commitment or endorsement on
the part of ALK. Routes and miles generated by the Software are not suitable for commercial
truck use.
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF
ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. No ALK dealer, distributor,
agent, or employee is authorized to make any modification or addition to this warranty. Some
jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of
liability for incidental or consequential damages, so the above limitation or exclusion may not
apply to you.