Magellan explorist PRO 10 Manuel d'utilisateur télécharger pdf (Page 4)

(f) service performed or attempted by anyone other than

an authorized Magellan Service Center;

(g) any product, components or parts not manufactured by

Magellan,

(h) that the receiver will be free from any claim for

infringement of any patent, trademark, copyright or other

proprietary right, including trade secrets

(i) any damage due to accident, resulting from inaccurate

satellite transmissions. Inaccurate transmissions can occur

due to changes in the position, health or geometry of

a satellite or modifications to the receiver that may be

required due to any change in the GPS. (Note: Magellan

GPS receivers use GPS or GPS+GLONASS to obtain

position, velocity and time information. GPS is operated

by the U.S. Government and GLONASS is the Global

Navigation Satellite System of the Russian Federation, which

are solely responsible for the accuracy and maintenance

of their systems. Certain conditions can cause inaccuracies

which could require modifications to the receiver. Examples

of such conditions include but are not limited to changes in

the GPS or GLONASS transmission.).

The opening, dismantling or repairing of this product by anyone

other than an authorized Magellan Service Center will void this

warranty.

6. EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL

DAMAGES

(a) MAGELLAN SHALL NOT BE LIABLE TO

PURCHASER

(b) OR ANY OTHER PERSON FOR ANY INDIRECT,

INCIDENTAL OR CONSEQUENTIAL DAMAGES

WHATSOEVER, INCLUDING BUT NOT LIMITED TO

LOST PROFITS, DAMAGES ARISING FROM A DELAY

OR LOSS OF USE, OR OUT OF THE BREACH OF THIS

WARRANTY OR ANY IMPLIED WARRANTY EVEN IF

CAUSED BY THE NEGLIGENCE OR ANOTHER FAULT

OF MAGELLAN OR OUT OF THE NEGLIGENT USAGE

OF THE PRODUCT. IN NO EVENT WILL MAGELLAN BE

HELD RESPONSIBLE FOR SUCH DAMAGES, EVEN IF

MAGELLAN HAS BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES.

or limitation of incidental or consequential damages, so the above

limitation or exclusion may not apply to you.

7. COMPLETE AGREEMENT

(a) This written warranty is the complete, final and exclusive

agreement between Magellan and the purchaser with respect to

the quality of performance of the goods and any and all warranties

and representations. THIS WARRANTY SETS FORTH ALL

OF MAGELLAN’S RESPONSIBILITIES REGARDING THIS

PRODUCT. THIS WARRANTY GIVES YOU SPECIFIC

RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH

VARY FROM LOCALITY TO LOCALITY AND CERTAIN

LIMITATIONS CONTAINED IN THIS WARRANTY MAY

NOT APPLY TO YOU.

(b) If any part of this limited warranty is held to be invalid

or unenforceable, the remainder of the limited warranty shall

nonetheless remain in full force and effect.

8. CHOICE OF LAW. This limited warranty is governed

by the laws of the State of California, without reference to its

conflict of law provisions or the U.N. Convention on Contracts

for the International Sale of Goods, and shall benefit Magellan,

its successors and assigns. This warranty does not affect the

consumer’s statutory rights under applicable laws in force in their

locality, nor the customer’s rights against the dealer arising from

their sales/purchase contract.

For further information concerning this limited warranty, please

visit Magellan’s website www.magellangps.com or contact:

End User License Agreement

This End-User License Agreement (“Agreement”) is made by

and between MiTAC Digital Corp. and its affiliates (“Magellan”)

and the end-user of the Software (“Customer”). By clicking the

acceptance button, installing, downloading or using the Software

onto a computer, personal navigation device, cell phone or other

product intended for use with the Software (“Product”), Customer

agrees to be bound by all of the terms and conditions of this

Agreement, including the use restrictions, warranty disclaimer and

limitation of liability set forth below. If Customer does not agree

to be bound by all of the terms and conditions of this Agreement,

Customer must (i) immediately stop the installation, downloading

and/or use of the Software and delete any Software downloaded

from the web from its computer, as applicable, and (ii) where

Software was acquired with Product, return the Software to the

retailer who sold the Software.

1. Grant of License to Software. Magellan hereby grants to

Customer a non-exclusive, personal and non-assignable license

to install, operate and use the Magellan software covered by this

Agreement (“Software”) and use the documentation provided with

the same (“Documentation”), subject to the following restrictions:

(i) Customer shall use the Software for non-commercial purposes

only and, for Software intended for download onto a computer,

on a single computer owned or leased by Customer, provided

that Customer may transfer the Software from one computer

to another so long as the Software is operated only on one (1)

computer at any time;

(ii) Customer shall use the Software solely to download data for

use solely with a single Product, and shall not sell, trade, lease,

rent or hire out the Software to any third party or otherwise act

as a service bureau (which restriction, for the avoidance of doubt,

shall extend to any situation in which Customer becomes subject

to any bankruptcy or insolvency laws or otherwise makes any

assignment for the benefit of its creditors);

(iii) Customer shall not modify, reverse engineer, decompile or

disassemble or create derivative works of the Software; and

(iv) Customer shall not copy the Documentation.

Magellan (and, where applicable, its third party suppliers)

retain all rights not expressly granted to Customer under this

Agreement, to the Software and any software program(s) and/

or data compiled into same and supplied by Magellan under

license from third party suppliers, including without limitation,

NAVTEQ North America, LLC and Tele Atlas N.V. (“Third Party

Software”).

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