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mechanical means, and distribute copies – any unauthorized copying
is expressly prohibited; rent, lend, resell, distribute, sublicense or
otherwise transfer rights to the Software, in any other way than assigning
the Product in meeting with below conditions; remove or obscure any
copyright or proprietary notices or labels in the Software; perform,
broadcast, display or present the Software in public.
The Software is the confidential information of Mio, its suppliers and
licensors. You are not allowed to disclose the Software to third parties.
The removal or obscuring of any copyright, trademark notice or
restrictive legend of Mio, its suppliers and licensors is not allowed.
ASSIGNMENT: Provided the transferee agrees to the terms of this
Agreement, transfer of the Product may be allowed. Such transfer must
include all copies of the Software and Documentation without restriction.
It also includes all prior versions, updates and upgrades of the Software.
EXPORT RESTRICTIONS: You accept to comply with all applicable
international or national laws (of the European Union, the United States
of America or other) that apply to the Product, including the Software and
the Documentation, and shall not export or re-export the Product, the
Software and the Documentation (or any copies thereof) or any product
utilizing the Product, the Software or the Documentation in violation of
any applicable laws or regulations to any person or entity in any country
subject to such restrictions, including but not limited to Cuba, Iran, Libya,
North Korea, Sudan and Syria, or to any person or entity, wherever
located, who intends to export or re-export to such country. For further
information in relation to this restriction, please seek advice from the
relevant governmental agencies.
INTELLECTUAL PROPERTY RIGHTS: Mio or its suppliers or licensors,
own all intellectual property rights in and to the Product, the Software
and the Documentation, and any copies thereof. Except as expressly
provided herein, this Agreement does not grant you any rights to patent,
copyrights, trade secret, trademarks, or any other intellectual property
rights.
TERMINATION: This Agreement is effective as of the date of its
acceptance until expired or terminated according to the terms of this
Agreement. You may terminate this Agreement at any time by destroying
the Product, the Software and the Documentation together with all
copies and merged portions in any form. This Agreement may be
terminated immediately by Mio for any reason, including but not limited
to any failure to comply with any term or condition of this Agreement.
In such event, you must destroy the Product, the Software and the
Documentation together with all copies and merged portions in any
form. In addition, this Agreement shall terminate immediately upon the
termination of the agreement between Mio and any third-party from
whom Mio licenses Software. All rights granted to you by this Agreement
shall cease upon termination including, but not limited to, all licenses
granted hereunder.
GOVERNING LAW: This Agreement shall be governed by the laws of
England.
LIMITED WARRANTY; LIMITED LIABILITY: All warranties and limitations
of liability applicable to the Product, the Software and the Documentation
are as stated on the limited warranty provisions as provided by the
limited warranty statement to this Product or in the manual regarding
the Product or Software (“Limited Warranty”). Such warranties and
limitations of liability are entirely incorporated herein by this reference.
EXCEPT AS PROHIBITED BY LAW, MIO AND ITS SUPPLIERS OR
LICENSORS SHALL HAVE NO LIABILITY FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES
OF ANY KIND, OR LOSS OF INFORMATION OR DATA, ARISING
FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF THE PRODUCT, SOFTWARE AND DOCUMENTATION. THIS
LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
SEVERABILITY: In the event any provision of this Agreement is found
to be invalid, illegal or unenforceable, the remaining provisions shall be
still valid, legal and enforceable without being affected or impaired in any
way and a valid, legal and enforceable provision of similar intent and
economic impact shall be substituted therefore.
ENTIRE AGREEMENT: This Agreement sets forth the entire
understanding and agreement between you and Mio with respect to the
Product, the Software and the Documentation, and supersedes all prior
agreements and communications, whether orally or written thereof.
37


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