66
5.4 In the conclusion and execution of this Agreement the Database Owner is represented by
Licensor in relations to the User.
5.5 By concluding this Agreement, Licensor shall withhold all rights vested in the Software Product,
except for those that the User is entitled to according to explicit legal regulations or that of this
Agreement.
6 Rights of the User
6.1 The User is entitled to install the Software Product on one hardware device (desktop, handheld,
portable computer, navigation device) at a time, and to run and use one copy thereof.
6.2 The User is entitled to make one security copy of the Software Product. However, if the Software
Product is operational after installation without the use of the original media copy, then the original
media copy is deemed to be a security copy. In all other cases, the User is only entitled to use the
security copy if the original media copy of the Software Product has become unsuitable for proper and
legal use without any doubt, such state thereof being supported by acceptable proof.
7 Limitations of use
7.1 The User is not entitled
7.1.1 to duplicate the Software Product (to make a copy thereof);
7.1.2 to lease, rent, lend, distribute, transfer it to a third person with or without a consideration;
7.1.3 to translate the Software Product (including translation (compilation) to other programming
languages);
7.1.4 to decompile the Software Product;
7.1.5 to modify, extend, transform the Software Product (in whole or in part), to separate it into parts,
compose it with other products, install it in other products, utilise it in other products, not even with the
aim of achieving interoperability with other products;
7.1.6 apart from using the computer program, to obtain information from the map database included in
the Software Product, to decompile the map database, to use, copy, modify, extend, transform the
map database in whole or in part or the group of data stored therein, or to install it in other products,
utilise it in other products, not even with the aim of achieving interoperability with other products;
8 Non-warranty, limitation of responsibility
8.1 Licensor hereby informs the User that although the greatest care was taken in producing the
Software Product, yet with respect to the essence of the Software Product and the technical
limitations, the Licensor does not warrant for the Software Product being completely error-free, and
the Licensor is not bound by any contractual obligation by which the Software Product obtained by the
User should be completely error-free.
8.2 The Licensor does not warrant that the Software Product is suitable for any purpose defined either
by the Licensor or the User, and does not warrant that the Software Product is capable of
interoperating with any other system, device or product (e.g. software or hardware).
8.3 The Licensor does not assume any responsibility for damages incurred due to an error in the
Software Product (including errors of the computer program, the documentation and the map
database).
8.4 The Licensor does not assume any responsibility for damages incurred due to the Software
Product not being applicable for any defined purpose, or the error or lack of interoperability thereof
with any other system, device or product (e.g. software or hardware).
8.5 The Licensor shall hereby also draw the attention of the User with great emphasis to the fact that
while utilising the Software Product in any form of transportation, observing the traffic regulations and
rules (e.g. use of obligatory and/or reasonable and suitable security measures, proper and generally
expected care and attention in the given situation, and special care and attention required due to
utilising the Software Product) is the exclusive responsibility of the User; the Licensor shall not
assume any responsibility for any damages occurred in relation to utilising the Software Product
during transportation.
8.6 By concluding this Agreement, the User shall especially acknowledge the information stated in
Section 8 above.