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User's manual NAVIGON 20 EASY | 20 PLUS
10.2 NAVIGON Licensing Policy
§ 1 Scope of Regulations
This Agreement regulates the relations between the user and
NAVIGON AG, Schottmuellerstrasse 20A, 20251 Hamburg, developer and proprietor of the exclusive utilisation rights to the NAVIGON software ("Software") as specified in the order. The subject matter of this Agreement is copyright interests.
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§ 2 Extent of Use
NAVIGON grants the user the non-exclusive right, unlimited by time and location, to utilise the Software at a utilisation volume as specified in the order. The licensing includes the right to install and use the Software in accordance with the documentation and pursuant to these regulations.
NAVIGON expressly informs the user that complete utilisation of the
Software is not possible until after proper registration.
The user must ensure that the above mentioned restricted utilisation rights are complied with.
Any kind of use which goes beyond the framework as stipulated in the
Agreement requires the written consent of NAVIGON. In the event that such utilisation should be exploited without NAVIGON’s consent,
NAVIGON shall charge the amount accruing for this extended utilisation in accordance with the valid price list at the time. NAVIGON shall reserve the right to assert further reaching claims for compensation of damages. The user shall have the right to prove lower damages.
All the above mentioned utilisation rights shall only be transferred to the user after full and final payment of the license fee.
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§ 3 Copyright and Protection Rights
The user acknowledges the copyrights of NAVIGON and therewith its exclusive utilisation and exploitation rights to the Software. Exclusive utilisation and exploitation rights also exist with regard to extended development of the Software or amendments thereto, which NAVIGON has created for the user compliant with the order.
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User's manual NAVIGON 20 EASY | 20 PLUS
Any kind of non explicitly authorised copying of the Software in its entirety or partially, any kind of non expressly authorised passing on of the Software and development of similar Software or segments of such
Software or utilisation of the contractual Software as a master template shall in particular be deemed to be judicially and contractually prohibited.
The user acknowledges the imprint, trademark, trade name and patent rights of NAVIGON to the Software and the relevant appending documentation. The user is forbidden to remove, change or in any other way camouflage the copyright notices and identifications pertaining to existing protection rights.
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§ 4 Passing on the Software
The user is permitted to sell or give away the Software and the user manual or any other accompanying materials on a permanent basis to third parties, under the proviso that the acquiring third party agrees that the contractual terms and conditions at hand shall henceforth also be imposed on it.
In the event of passing on the Software, the user shall hand over to the new user all copies of the program, including possible back-up copies made, or destroy the copies not handed over. As a result of passing on the Software, the former user’s utilisation rights to the program shall extinguish.
The user is permitted to sell or give away the Software and the user manual or any other accompanying materials to third parties on a temporary basis, if this is not done within the framework of leasing or renting out for gainful purposes, under the proviso that the acquiring third party agrees that the contractual terms and conditions at hand shall henceforth also be imposed on it. For the period of assignment of the Software to third parties, the assigning user shall have no right to any kind of utilization of the program. For the period of assignment of the Software to third parties, the assigning user shall have no right to any kind of utilisation of the program. Renting out or granting a lease for gainful purposes shall be prohibited.
The user may not assign the Software to third parties if there should be any justified suspicion that such third party could violate the contractual terms and conditions, especially by making unlawful copies.
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User's manual NAVIGON 20 EASY | 20 PLUS
§ 5 Reproduction Rights and Access Security
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The user may reproduce the Software if the respective copying should be necessary for operation. Necessary reproduction shall be deemed to be the installation of the program from the original data carrier to the bulk memory of the hardware used as well as loading of the program into random access memory.
Furthermore, the user is permitted to make copies for back-up purposes. However, fundamentally, only one single back-up copy may be made for safekeeping. The back-up copy has to be identified as such.
If regular copying of the complete database, including computer programs, is indispensable for reasons of data security or to ensure speedy reactivation of the computer system after a total crash, then the user is allowed to make back-up copies in the number specifically required. The data carriers used in this case must be marked accordingly. The back-up copies may only be used for purely archiverelated purposes.
Further reproductions, which also include release of the program code on a printer as well as photocopying of the manual, may not be made by the user. Any additional manuals required by employees have to be obtained from NAVIGON.
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§ 6 Multiple Deployment and Network Integration
The user may use the Software on any hardware available to it.
However, in the event that the user should replace the hardware, it is obliged to delete the Software from the hardware utilised up till then.
Any isochronous storage, keeping in stock or operation on more than only one hardware unit is not permissible.
The deployment of the entrusted Software within a network or any other multiple workstation computer system is not permissible if thereby the possibility of simultaneous multiple usage should be facilitated. Should the user select to use the Software within network operations or any other multiple workstation computer system, the user is obliged to abstain from simultaneous multiple use by integration of access protection devices or to compensate NAVIGON by payment of special network license fees to an amount calculated on the basis of the number of users linked up with the computer system. The user shall be informed immediately by NAVIGON with regard to network license fees to be raised in each individual case as soon as the user has informed
NAVIGON in writing of the intended network integration and the number of integrated users. The implementation into such kind of network or multiple workstation computer system shall only be permissible after full and final payment of the network licensing fees.
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User's manual NAVIGON 20 EASY | 20 PLUS
§ 7 Third Party Software
The Software contains third party software products which have been integrated into the contractual Software or supplied together with the contractual Software. NAVIGON fundamentally only awards such rights which are necessary for general use of the programs as components of the contractual Software and which NAVIGON is authorised to grant.
No modification rights or further processing rights are incorporated therein.
§ 8 Decompiling and Amendment of Programs
The user is forbidden to retranslate the entrusted program code into other code configurations (decompiling) as well as any other kind of inverted development of the diverse manufacturing phases of the
Software (reverse engineering) or to carry out program amendments of any kind unless such actions should serve purposes of eliminating serious defects, especially such defects which can not be avoided by organisational or any other reasonable measure of remedy. Copyright markings, serial numbers as well as other characteristics serving purposes of identification of the program may not be eliminated or changed. Any removal of copy protection or similar protective routine measures is prohibited without the knowledge and co-operation of
NAVIGON.
§ 9 Final Clauses
In the event that any provision contained in this License Policy should be determined to be invalid or become invalid, the effectiveness of the other regulations shall not be affected thereby. The said invalid provision shall be replaced by a valid provision within the context of the remaining contractual interpretation, which comes as close as possible to the intended economical purpose of such invalid provision.
Amendments and supplements to these regulations have to be in the written form and have to be expressly identified as such. Verbal ancillary agreements shall be deemed to be ineffective. This requirement of written form may only be renounced by written agreement.
If legally permissible, the Parties agree that the laws of the Federal
Republic of Germany shall apply to all legal relations arising from these contractual relations, under exclusion of UN Purchase Law.
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