8.5 The Licensor also draws the attention of the User to the fact that, when using the Software Product in
any form
of
vehicle, observing the traffic regulations and rules (e.g. use of obligatory and/or reasonable
and suitable security measures, proper and generally expected care and attention
in
the given situation,
and special care and attention required due to the use of the Software Product) is the exclusive
responsibility of the User. The Licensor shall not assume any responsibility for any damages occurred
in
relation to use
of
the Software Product
in
a motor vehicle.
8.6 By concluding the Agreement, the User shall, in particular, acknowledge the information stated in
Section 8 above.
9 Sanctions
9.1
The Licensor hereby informs the User that, if the Licensor finds its rights under the Copyright Act to
be breached, the Licensor may
9.1.1 seek jUdicial recognition of this breach;
9.1.2 demand that the breach cease and order the person
in
breach to refrain from continuing such
actions;
9.1.3 demand that the person under breach give proper compensation (even by way
of
publicity at the
expense of the person
in
breach);
9.1.4 claim the return
of
the increase
of
assets due to the breach;
9.1.5 demand the cease of the wrongful action and, demand restitution to its state before the breach was
committed at the expense of the person
in
breach, and may demand the destruction
of
instruments and
materials used to commit the breach as well as of the products created
by
the breach;
9.1.6 claim for damages.
9.2 The Licensor hereby also informs the User that the breach of copyrights and related rights is a crime
under Act IV of 1978 on the Hungarian Criminal Code, which may be sentenced of two years
in
prison
in
basic cases and up to eight years
in
prison
in
aggravated cases.
9.3 Contents and services provided by third parties
The Licensor hereby excludes any liability
of
its own for the Database
in
the Software Product and for any
content or service provided by a third party by using the Database. The Licensor does not warrant the
quality, suitability, accuracy, fitness for a specific purpose or territorial coverage of the product or service
or the availability of the service, and it specifically excludes any liability for the suspension
of
the service,
and any damage arising
in
relation to the service or for complete cancellation of the service.
The relevant information and data
in
connection with the contents and services provided by third parties
are available at www.naviextras.com. The User hereby acknowledges that the contents and services
provided by third parties may only be used at the risk of the User and for the personal benefit of the User.
9.4 Contents and services provided by the Licensor or an agent
of
the Licensor
The Licensor or a contractual partner may offer various products and services to the User through
www.naviextras.com. The User may only use these services when the User has read and understood the
relevant end user license agreement(s) at www.naviextras.com and the User is obliged to use the
services
in
line with the terms and conditions thereof.
9.5 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.
10. Anonymous data collection
10.1 The User hereby acknowledges that the Software Product may collect and store data connected to
the usage
of
the Software Product by the User (e.g. movement/route data, user interaction data). Such
data collection functions may be disabled or enabled by User any time from within the corresponding
menu. The collected data is connected to the device type identifier
of
the device running the Software
Product and not associated
in
any way with any personal information
of
the User or with the User itself.
10.2
The
collected
data
may
be
uploaded
to
Licensor's
database
and
used
exclusively
for
the
purpose
of
enhancing and improving the features and services of the Software Product and the Databases.
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