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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 if any Software
Product becomes, or in Licensor's reasonable opinion likely to become, the subject of a claim
of intellectual property infringement or trade secret misappropriation. Upon termination, you
will cease use of, and destroy Software Product and all parts of it and confirm compliance in
writing to Licensor, if requested.
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 or certain works protected by intellectual
property rights, that are forming part of the Software Product is (are) the Licensor, or natural
person(s) or corporate entity(ies) owners of certain Databases (hereinafter referred to as:
“Database Owner”). Some Database Owners are listed in the “About” or similar menu item of
the Software Product. The Licensor hereby states that it has obtained sufficient usage and
representation rights from the Database Owners in order to utilize the Database, to offer it for
utilization and to transfer it for utilization as set forth in this Agreement.
5.4 Pursuant to this Agreement, all rights vested in the Software Product shall remain in the
ownership of the Licensor, except for those to which the User is entitled under law or by virtue
of this Agreement.
6 Rights of the User
6.1 By default the User is entitled to install the Software Product on one Device having a
single GPS sensor built in, and to run and use one copy of the Software Product or a
preinstalled copy of the Software Product thereon. The Software Product and Database is for
the User’s personal or internal business use only.
6.2 The User is entitled to make one backup copy of the Software Product. However, if the
Software Product operates after installation without the use of the original media copy, then
the original media copy shall be deemed to be a backup copy. In all other cases, the User is
only entitled to use the backup copy if the original media copy of the Software Product has
been ascertainably and unequivocally rendered unsuitable for its lawful and intended use.
6.3 In the event that the Software Product comes preinstalled on- or otherwise licensed
together with the Device or purchased online for and installed by the User for a specific
Device, the Software Product shall be tied to the Device and may not be separated-,
transferred to-, or used with another Device or sold to another User without selling the Device
itself.
6.4 The Database, content or services provided to User may only be used together with
User’s copy of the Software Product and may not be used separately or with another copy of
the Software Product.
7 Limitations of use
7.1 The User is not entitled
7.1.1 to duplicate the Software Product (to make a copy thereof) except to the extent
allowed by this Agreement or Applicable law;
7.1.2 to resell, sublicense or use it for commercial purposes, use to lease, rent or lend it, or
to transfer it to a third person for any reason without transferring the Device on which it was
first legally installed on (see section 6.3);
7.1.3 to translate the Software Product (including translation (compilation) to other
programming languages);
7.1.4 to decompile, disassemble, or reverse engineer the Software Product;
7.1.5 to evade the protection of the Software Product or to modify, circumvent or obviate
such protection through technological or by any other means;
100 NX404E English
159


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