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92 NX702E English
7 End User Licence Agreement
1 The contracting parties
1.1 This Agreement has been entered into by and between NNG Software Developing and
Commercial Ltd. (registered seat: 23 Bérc utca, H-1016 Budapest, Hungary; company reg.no.:
01-09-891838) as Licensor (hereinafter: Licensor) and You as the end user (hereinafter: User;
the User and the Licensor jointly referred to as: Parties) in subject of the use of the products
specified in this Agreement, including software products, databases and content .
2 Conclusion of the Agreement
2.1 The Parties hereby acknowledge that this Agreement shall be concluded by implicit
conduct of the Parties without signing the Agreement.
2.2 The User hereby acknowledges that following the lawful acquisition (online purchase from
authorized vendor or preinstalled on purchased Device) of the software product constituting
the object of this Agreement (Section 4), any degree of use, installation into a computer or
other hardware equipment (mobile phone, multi-function device, personal navigation device,
in-car navigation or multi function head unit, etc.) (hereinafter referred to as: “Device”),
installation of such Device into a vehicle, pressing of the “Accept” button displayed by the
software during installation or use (hereinafter referred to as: “Use”) shall mean that the User
has accepted the terms and conditions of this Agreement as legally binding. The time of
conclusion of the present Agreement is the time of executing the first action of use
(commencement of use).
2.3 This Agreement shall by no means authorize Use of the software product by those
persons having unlawfully acquired the software product or having unlawfully installed it on a
Device or in a vehicle.
2.4 U.S. Government Users. If you acquire the Software Product by or on behalf of the United
States Government or any other entity seeking or applying rights similar to those customarily
claimed by the United States Government, you are on notice that the Software Product and
the Databases, content and services are commercial items as that term is defined at 48 C.F.R
(“FAR”) 2.101 and that all use of the Software Product is subject to this Agreement.
3 Applicable laws and regulations
3.1 Any action related to this Agreement will be governed by the laws of the Republic of
Hungary, with specific reference to Act IV of 1959 on the Civil Code and to Act LXXVI of 1999
on Copyrights (the “Copyright Act”) shall apply. The United Nations Convention on Contracts
for the International Sales of Goods is hereby excluded from application to this EULA.
3.2 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.
3.3 The original language version of this Agreement is the Hungarian version. This
Agreement has versions in other languages as well. In case of dispute the Hungarian version
shall prevail.
4 Object of the Agreement and Termination
4.1 The object of this Agreement shall be the navigation guidance software product of
Licensor (hereinafter referred to as: the “Software Product”).
4.2 The Software Product shall include the operating computer program, its complete
documentation, the map database pertaining thereto and any third-party contents and
services accessible through the Software Product (hereinafter together referred to as: the
“Database”).
4.3 Any form of display, storage, coding, including printed, electronic or graphic display,
storage, source or object code, or any other as yet undefined form of display, storage, or
coding, or any medium thereof shall be deemed parts of the Software Product.
4.4 Error corrections, additions, updates or upgrades to the Software Product or the
Databases used by the User following the conclusion of this Agreement shall also be deemed
parts of the Software Product and Used in accordance with this Agreement.
138


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