Clarion NX404 Owner's Manual download pdf (Page 162)

7 End User License Agreement

1 The contracting parties

1.1 This Agreement has been entered into by and between NNG Software Developing and Commercial

Ltd. (registered seat: 23 Bérc utca, H-1016 Budapest, Hungary; company reg.no.: 01-09-891838) as

Licensor (hereinafter: Licensor) and You as the end user (hereinafter: User; the User and the Licensor

jointly referred to as: Parties) in subject of the use of the products specified in this Agreement, including

software products, databases and content .

2 Conclusion of the Agreement

2.1 The Parties hereby acknowledge that this Agreement shall be concluded by implicit conduct of the

Parties without signing the Agreement.

2.2 The User hereby acknowledges that following the lawful acquisition (online purchase from authorized

vendor or preinstalled on purchased Device) of the software product constituting the object of this

Agreement (Section 4), any degree of use, installation into a computer or other hardware equipment

(mobile phone, multi-function device, personal navigation device, in-car navigation or multi function head

unit, etc.) (hereinafter referred to as: “Device”), installation of such Device into a vehicle, pressing of the

“Accept” button displayed by the software during installation or use (hereinafter referred to as: “Use”) shall

mean that the User has accepted the terms and conditions of this Agreement as legally binding. The time

of conclusion of the present Agreement is the time of executing the first action of use (commencement of

use).

2.3 This Agreement shall by no means authorize Use of the software product by those persons having

unlawfully acquired the software product or having unlawfully installed it on a Device or in a vehicle.

2.4 U.S. Government Users. If you acquire the Software Product by or on behalf of the United States

Government or any other entity seeking or applying rights similar to those customarily claimed by the

United States Government, you are on notice that the Software Product and the Databases, content and

services are commercial items as that term is defined at 48 C.F.R (“FAR”) 2.101 and that all use of the

Software Product is subject to this Agreement.

3 Applicable laws and regulations

3.1 Any action related to this Agreement will be governed by the laws of the Republic of Hungary, with

specific reference to Act IV of 1959 on the Civil Code and to Act LXXVI of 1999 on Copyrights (the

“Copyright Act”) shall apply. The United Nations Convention on Contracts for the International Sales of

Goods is hereby excluded from application to this EULA.

3.2 The parties hereby agree that the courts of the Republic of Hungary will have exclusive jurisdiction to

rule on any disputes arising in connection with this Agreement.

3.3 The original language version of this Agreement is the Hungarian version. This Agreement has

versions in other languages as well. In case of dispute the Hungarian version shall prevail.

4 Object of the Agreement and Termination

4.1 The object of this Agreement shall be the navigation guidance software product of Licensor

(hereinafter referred to as: the “Software Product”).

4.2 The Software Product shall include the operating computer program, its complete documentation, the

map database pertaining thereto and any third-party contents and services accessible through the

Software Product (hereinafter together referred to as: the “Database”).

4.3 Any form of display, storage, coding, including printed, electronic or graphic display, storage, source

or object code, or any other as yet undefined form of display, storage, or coding, or any medium thereof

shall be deemed parts of the Software Product.

4.4 Error corrections, additions, updates or upgrades to the Software Product or the Databases used by

the User following the conclusion of this Agreement shall also be deemed parts of the Software Product

and Used in accordance with this Agreement.

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