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Insignia NS-NAV01 GPS
www.insigniaproducts.com
THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”)
GOVERN USE OF THE SOFTWARE. IF YOU DO NOT ACCEPT ALL THE TERMS OF THIS
AGREEMENT, THEN DECARTA IS UNWILLING TO LICENSE THE SOFTWARE TO YOU. IF YOU
INSTALL OR USE THE SOFTWARE, THEN YOU HAVE INDICATED THAT YOU UNDERSTAND THIS
AGREEMENT AND ACCEPT ALL OF ITS TERMS.
1) Grant of License. Subject to your compliance with the terms and conditions of this
Agreement, deCarta and/or its licensors grants you a non-exclusive and non-transferable
license to install and use the executable form of Software on a single device, solely for your
personal, non-commercial use. deCarta and/or its licensors reserves all rights in the Software
not expressly granted to you in this Agreement.
2) Restrictions. Except as expressly specified in this Agreement, you may not: (a) copy or
modify the Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the
Software to any third party; or (c) make the functionality of the Software available to
multiple users through any means, including, without, limitation, by uploading the Software
to a network or file-sharing service or through any hosting, application services provider,
service bureau or any other type of services. You acknowledge and agree that portions of the
Software, including, without limitation, the source code and the specific design and
structure of individual modules or programs, constitute or contain trade secrets of deCarta
and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse
engineer the Software, in whole or in part, or permit or authorize a third party to do so,
except to the extent such activities are expressly permitted by law notwithstanding this
prohibition.
3) Ownership. The Software is licensed, not sold. You own the media (if any) on which the
Software is recorded, but deCarta and/or its licensors retains ownership of the Software,
including all intellectual property rights therein. The Software is protected by United States
copyright law and international treaties. You will not delete or in any manner alter the
copyright, trademark, and other proprietary rights notices or markings appearing on the
Software as delivered to you.
4) Term. This Agreement remains effective until terminated. You may terminate it at any
timeby destroying all copies of the Software in your possession or control. This Agreement
will automatically terminate without notice if you breach any term of this Agreement. Upon
termination, you must promptly destroy all copies of the Software in your possession or
control.
5) Government Users. The Software and Documentation are “commercial computer
software” and “commercial computer software documentation,” respectively, as such
termsare used in FAR 12.212. Any use, duplication or disclosure of the Software or the
Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth
in this Agreement. Manufacturer is deCarta.
6) Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure
that neither the Software nor any technical data related thereto nor any direct product
thereof are exported or re-exported directly or indirectly in violation of, or used for any
purposes prohibited by, such laws and regulations.
7) No Warranty. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND.
DECARTA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONTNFRTNGEMENT, AND ANY WARRANTIES AND
CONDITIONS ARISPNG OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DECARTA OR ELSEWHERE
WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
8) Limitation of Liability. DECARTA AND OR ITS LICENSOR'S TOTAL LIABILITY TO YOU
FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO
AND WILL NOT EXCEED THE AMOUNTS PAID TO DECARTA BY YOU FOR THE SOFTWARE. IN
NO EVENT WILL DECARTA BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY,
PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR
PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE,
WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT
DECARTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE
FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NS-NAV01_09-0445 ENG.fm Page 42 Tuesday, June 9, 2009 12:50 PM