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Appendix - 129 -
(2) 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.
(3) The user acknowledges the imprint, trademark, trade name and patent
rights of Garmin 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.
§ 4 Passing on the Software
(1) 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.
(2) 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.
(3) 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.
(4) 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.
129


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