License terms
Definitions:
Application - the software installed in the GSM phone. The Application is installed through SMS, WAP or Internet download.
Digital Data - digital data (including maps) downloaded by the Application from the Internet and stored in the phone memory.
Licensor - NaviExpert Sp. z o.o. Company seated in Poznan with sole rights to distribute and grant license to use the Application and to grant the license to use the Digital Data.
Licensee - person or legal person, who agrees to install and use the Application and Digital Data with respect to the terms and conditions of the License.
Note: By installing and launching the Application, the Licensee undertakes to respect the terms and conditions of the License and Warranty and terms of excluding the statutory warranty. If you do not agree to the terms and conditions of this License, you should remove the applications from the phone memory right after the installation. In this case, as the Licensee could have read the License terms and conditions earlier (at www.naviexpert.pl website), the application fee is not returned.
1. The Licensor grants the Licensee right to use the Application with Digital Data on the terms and conditions specified below and on the terms of warranty of quality and statutory warranty.
2. The License is granted for unspecified period.
3. The License grants right to use the Application and to:
a) install it in RAM memory of a single GSM phone,
b) adjusts the Application, without infringing any terms and conditions of this License and copyright law, to the hardware platform and configuration used by the Licensee.
4. The License grants right to use the Application as a whole and its parts cannot be separated and used in more than one GSM phone. The Licensee cannot attempt to separate the Digital Data or its part and use it without the system. The Digital Data can be downloaded only from the NaviExpert server.
5. The Licensee understands and agrees, that the Licensor is the owner of all the personal and property rights to the Application and is authorized to grant License to use the Application.
6. The Licensor does not grant the ownership and property rights to the Licensee and remains the only owner of such rights.
7. The Licensee cannot sell, sublicense or lease the Application and the documentation, in part or as a whole, based on any other legal title.
8. The Licensee has no right to modify, decompile, disassemble, reverse engineer or to use other means to get information about the internal structure of the Application, to translate, adapt or make any modifications without prior written consent of the Licensor under the rigor of invalidity. The Licensee cannot distribute or sell the Application.
9. The License is terminated automatically by the Licensor without notice if the Licensee fails to adhere to the terms and conditions of the License. The Licensor reserves right to claim its copyrights (art. 78 and further of Act of 04 February 1994 on copyright and derivative rights). If the Licensor terminates this License, the Application must be immediately and irreversibly removed from the GSM phone.
10. In no event the Licensor warrants and holds direct or indirect responsibility for the Digital Data used in the system, for any inaccuracy and/or nonconformity of the Digital Data with real world they reflect and for their use for particular purpose.
11. Any declarations, notice and reports will be null and void unless made in writing with a proof of reception. Declarations and notice made in other form are not legally binding.
12. This License constitutes the entire agreement between Licensor and Licensee and supercedes any prior statements, whether written or oral.
13. Any changes in these terms and conditions to be made in writing, otherwise they will be null and void.
14. Any matters, which have not been provided in this License, shall be subject to the regulations of the Civil Code and the Act on copyright and derivative rights.
Quality warranty terms and exclusion of statutory warranty
1. This License grants the Licensee right to consultancies by phone and electronic means (e-mail) about the Application use (its configuration and functionality) for the period of one year from the date of purchase.
2. The Licensee has no right for statutory warranty, which has been excluded.
3. The Licensor declares that the Application has been created with care and rejects any warranty relating to the use or inability to use the Application.
4. Both parties exclude the Licensor's responsibility for any direct, consequential, accidental, special, ancillary or other damages arising out of the use the Application, for all risks connected with lost profit, lost data, errors and lost business or other information as a result of owning or using the Application. The Licensor also rejects any warrantee relating to the market value of the Multimedia Product, the User's satisfaction or its capacity to perform a specific use.
5. The Licensor informs the Licensee, that the Application is an intellectual product with no possibility to foresee all its operations and behavior on GSM phones.
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