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END-USER LICENSE AGREEMENT
This End-User License Agreement (EULA) is a legal agreement between you (either an
individual or a single entity) and HORIZON NAVIGATION, INC. for the operating software
and updates thereof that run the digital map database and associated hardware
(collectively the “Software”). By installing or using the Software, you agree to be
bound by the terms of this agreement. If you do not agree to the terms of this
Agreement, return the Software, along with all other accompanying items in the form
they were purchased, within (30) thirty days after such purchase to the authorized
dealer from where the Software was purchased, for a full refund of any fees paid. Use
of the Software without acceptance of this Agreement is unauthorized and not
permitted.
1. License Grant. HORIZON NAVIGATION, INC. grants you a non-exclusive license to
use your purchased copy of the Software for your own internal purposes of
accessing the digital map database and running the associated hardware and not for
service bureau time-sharing, or other similar purposes.
2. Limitations On Use. You are not permitted to copy, modify, decompile, disassemble, or
reverse engineer any portion of the Software without the expressed written permis-
sion from HORIZON NAVIGATION, INC.
3. U.S. Government End Users. The Software is provided with Restricted Rights. Use,
duplication, or disclosure by the Government is subject to restrictions as set forth in
subparagraph(c) (1) (II) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial
Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. HORIZON
NAVIGATION, INC., 4701 Patrick Henry Dr. Suite1301 Santa Clara, CA 95054 USA.
4. Indemnity. You agree to indemnify, defend and hold free and harmless HORIZON
NAVIGATION, INC., including its licensors, assignees, subsidiaries, affiliated
companies, and the respective officers, directors, employees, shareholders, agents,
authorized dealers or sales agents, and representatives of each of them from and
against any liability, loss, injury, demand, cost, expense, or claim of any kind of
character, including but not limited to attorney’s fees, arising out of (a) any use or
possession of the Software, or (b) any breach of any warranties or representations
made by you in this Agreement or of your obligations under this Agreement.
5. Disclaimer of Warranty. HORIZON NAVIGATION, INC. does not make any warranties
or representations, either express or implied, with respect to the software, without
limiting the foregoing, HORIZON NAVIGATION, INC. expressly disclaims any implied
warranties of quality, performance, merchantability, fitness for a particular purpose
or non-infringement. Some states do not allow the exclusion of implied warranties,
so some portion of the above exclusion may not apply to you.
6. Limitation of Liability. HORIZON NAVIGATION, INC. shall not be held responsible for
any actual, anticipated or speculative loss of profit or direct, indirect, incidental,
special, or consequential damages, including, without limitation, loss of revenue,
data, or use incurred by you or any third party arising out of your use or possession
of the software, whether in an action in contract or tort or based on a warranty, even
if HORIZON NAVIGATION, INC. has been advised of the possibility of such damages.