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or any other storage medias (on only one hardware device at a time), for
your internal business purposes or personal use.
This Agreement does not imply or grant you any rights to future updates
or upgrades of the Software unless expressly instructed by Mio in
writing. Any updates or upgrades are governed by this Agreement and
may be subject to additional payments and other conditions.
You may copy Software or any supporting and accompanying
documentation (“Documentation”) for backup or archive purposes only
and for the support of use of the Software as permitted hereunder.
All such copies must reproduce and include all copyright notices and
any other proprietary rights notice appearing on the Software and
Documentation.
The Documentation may contain mulNotele versions of this Agreement,
including but not limited to mulNotele translations and mulNotele media
versions. Even if you receive mulNotele versions of this Agreement, you
are licensed to use only one copy of the Software.
THE SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS.
YOU ARE ADVISED NOT TO RELY ON THIS SOFTWARE, TO
SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT
TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR
PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING
MATERIALS.
The software is not designed or licensed for use in mission-critical
applications, or in hazardous environments, requiring fail-safe controls,
including without limitation operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, or life support or
weapons systems.
To the maximum extent permitted by applicable law, the Software is
provided to you “AS IS AND WITH ALL FAULTS”, and Mio, its suppliers
and licensors hereby disclaim any warranty, express or implied (either
in fact or by operation of law), with respect to the Software, either as
to merchantability, fitness for particular purpose, or any other matter.
You acknowledge and agree that the Software has not been tested or
certified by any government agency or industry regulatory organization
or any other third party organization. In no event shall Mio, its suppliers
and licensors be held liable for, liabilities or obligations for damages,
including but not limited to special, indirect, or consequential damages
or loss of use, revenue, or profits in connection with or arising out of
this Agreement or any breach of this Agreement by Mio, its suppliers
or licensors or the existence, furnishing, functioning, or any use of
the Software. Any other representations or warranties made by any
person, including employees or representatives of Mio, its suppliers and
licensors, which are inconsistent herewith shall be disregarded by you
and shall not be binding upon Mio, its suppliers and licensors, if any
product model or sample was shown to you, such model or sample was
used merely to illustrate the general type and quality of the product and
not to represent that the Software would necessarily conform with such
model or sample. NO ORAL OR WRITTEN ADVICE OR INFORMATION
PROVIDED BY MIO, ITS SUPPLIERS AND LICENSORS OR ON THEIR
BEHALF SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS LIMITED WARRANTY, AND YOU ARE NOT
ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.
Any liability of Mio, its suppliers and licensors towards you shall be void
if any damage to the Product is caused by accident, transportation,
neglect or misuse, alteration (which shall include, but not be limited to,
any deviation from the specifications), any unauthorized modification
or enhancement of the Product, failure to maintain a suitable operating
environment, or the use of the Product for other than the specific
purpose for which it was designed.
In no event shall Mio, its suppliers and licensors be liable for any third
party materials, database and/or their content including the GUI and
all other implications arising from such error or malfunction related to
database.
Provision of the Product under this Agreement shall not create any
obligation for Mio, its suppliers and licensors to continue to develop,
productize, support, repair, offer for sale or in any other way continue to
provide or develop software either to you or to any other party.
RESTRICTIONS: You are not permitted to: analyze, modify, translate,
adapt, reverse engineer, decompile, disassemble, or otherwise reduce
the Software to a perceivable form; create derivative works based on the
Software or any part thereof, or attempt to increase the functionality of
the Software in any manner; copy or download the Software (except for
backup purposes as stated above), reproduce through any electronic or
36


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