7 End User License Agreement
1 The contracting parties
1.1
This Agreement has been entered into by and between Nav N
Go
Kft. (registered seat: 23 Berc utea,
H-1016 Budapest, Hungary; Company reg.no.: 01-09-891838) as Licensor (hereinafter Licensor) and
You as the User (hereinafter: User; the User and the Licensor Jointly referred to
as:
Parties)
in
subject of
the use
of
the software product specified in this Agreement.
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 of the software product
constituting the object of this Agreement (Section 4), any degree of use, installation into a computer or
other hardware, installation of such hardware 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.
2.3 This Agreement shall by no means authorise use of the software product by those persons having
unlawfully acquired the software product or having unlawfully installed it on a computer or
in
a vehicle.
3 Relevant 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 shall apply.
3.2 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 content and services accessible through the
Software Product (hereinafter: 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 used
by
the User following the conclusion of this Agreement
shall also be deemed parts of the Software Product.
4.5 Your rights under this Agreement will terminate immediately without notice from Licensor if you
materially breach it or take any action in derogation of Licensor's and/or its licensors' rights to the
Software Product. Licensor may terminate this Agreement should any Software Product become, or
in
Licensor's reasonable opinion likely
to
become, the SUbject of a
daim
of intellectual property infringement
or trade secret misappropriation. Upon termination, you will cease use
of,
and destroy Software Product
and confirm compliance
in
writing to Licensor
5 Rights under copyright
5.1
Unless otherwise provided by law or contractual proVisions, the Licensor is the sole and exclusive
owner of all material copyrights vested
in
the Software Product.
5.2 Copyrights extend to the whole Software Product and to its parts separately as well.
5.3 The owner(s)
of
the copyrights of the Database forming part of the Software Product
is
(are) the
natural person(s) or corporate entity(ies) listed
in
the Appendix to this Agreement or
in
the '"About" menu
item of the operating computer program (hereinafter referred
to
as Database Owner). The user's manual
of the Software Product includes the name of the menu option where all the owners of the Database
items are listed. The Licensor hereby states that it has obtained sufficient usage and representation rights
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