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Navman SmartS™ Professional for Palm OS
®
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End User License and Warranty Agreement
IMPORTANT - Please read carefully
NAVMAN (THE LICENSOR) IS WILLING TO LICENSE THE SMARTS™ PROFESSIONAL SOFTWARE (THE SOFTWARE) TO YOU (THE
CUSTOMER) ONLY IF YOU ACCEPT ALL THE TERMS OF THIS LICENCE. PLEASE READ THE TERMS CAREFULLY, BECAUSE USING
THIS SOFTWARE WILL BE DEEMED TO BE YOUR ACCEPTANCE THAT YOU ARE USING IT ON THE FOLLOWING TERMS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE DO NOT INSTALL OR USE THE SOFTWARE AND RETURN THIS PRODUCT
PROMPTLY, INCLUDING ALL PACKAGING AND WRITTEN MATERIALS, TO THE LICENSOR’S REPRESENTATIVE AND ANY AMOUNT
YOU MAY HAVE PAID WILL BE REFUNDED TO YOU (LESS ANY DELIVERY AND HANDLING CHARGES).
1. The Licensor grants to the Customer a non-exclusive licence to use: (a) one copy of the Software on one of the Customer’s handheld
devices; and (b) the accompanying materials, including any manuals contained in the Software (the Materials), in accordance with the
terms and conditions of this Licence.
2. Where the Customer uses the Software on a handheld or any other device (the Device) in a vehicle, the Customer must not place,
secure or use the handheld device in a manner that may cause accidents, personal injury or property damage or in any way obstruct
the visibility of the Customer. The Customer is solely responsible for observing safe driving practices and will not operate the Software
while operating a vehicle.
3. The copyright and all other intellectual property rights in the Software and Materials (including any enhancements or modifi cations) are
vested in the Licensor. The Customer must not rent, lease, reproduce, translate, adapt, vary, reverse-engineer or modify the Software
or Materials nor communicate the same to any person other than in accordance with the terms of this Licence.
4. The Customer may not copy the Software or Materials except that one copy of the Software may be made to the extent that such
copying is necessary for the Customer’s own backup purposes.
5. Except for the warranty provided by the Licensor for the product that includes the Software the Licensor expressly excludes to the
fullest extent permitted by law all representations or warranties, express or implied (except any which may not lawfully be excluded),
including the implied warranties of merchantability and fi tness for a particular purpose.
6. The Licensor will not in any circumstances be liable under the law of tort, contract or otherwise for any indirect or consequential loss
or damage, including any loss of profi ts, however caused, arising in connection with the use of, or inability to use, the Software.
If any limitation or exclusion or liability contained in this Licence is held to be invalid for any reason and the Licensor becomes liable
for loss or damage that would otherwise have been excluded, that liability will be limited to the total amount actually paid by the
Customer for the Software.
7. The Licensor may terminate this Licence immediately if the Customer breaches any of its obligations under this Licence. Immediately
following termination of this Licence the Customer must deliver to the Licensor’s Representative, or destroy all copies of, the Software
and Materials in whatever form possessed by the Customer.
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