END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) document contains important information on the legal terms and conditions governing the use of all Satmap Software products and integrated Software for use on Satmap products (“SOFTWARE”).
Satmap terms and conditions have the following definitions: Products, GPS DEVICE, MapCard, Software, Online App, Downloadable App and Website that shall apply to this EULA document for consistency.
This EULA constitutes a legally enforceable agreement between the purchaser (the “Licensee” or “you”), and Satmap Systems Ltd (“Satmap”). It applies to all SOFTWARE supplied by Satmap, either pre-installed or supplied subsequently in the form of updates, upgrades, modifications, bug fixes or new products, as supplied on various Software delivery media, including but not limited to, the internet, SD Cards (‘MapCards’), CD-ROMs, DVDs or any other form of data delivery. Satmap is willing to license the SOFTWARE, and any other information or material relating to the SOFTWARE provided by Satmap to you, ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS EULA. Satmap is not willing to make the SOFTWARE available under any other terms or subject to any other conditions.
License Acceptance: Once you use the device, or break the seal on the Software, or download any data, you will be deemed to have accepted the terms of this EULA, and will be bound by them. BEFORE YOU USE THE DEVICE, OR BREAK THE SEAL ON THE SOFTWARE, OR DOWNLOAD ANY DATA, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS EULA. BY USING THE DEVICE, OR BREAKING THE SEAL ON THE SOFTWARE, OR DOWNLOADING ANY DATA, YOU ARE REPRESENTING THAT YOU HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF TO THE TERMS OF THIS EULA AND ARE CONSENTING TO BE BOUND BY THIS EULA. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THE EULA, YOU MUST NOT USE THE GPS DEVICE OR ANY OF THE DATA SUPPLIED BY SATMAP OR BREAK ANY PRODUCT SEALS. YOU MUST IMMEDIATELY RETURN ALL THE SOFTWARE TO THE POINT OF PURCHASE, ALONG WITH THE PROOF OF PURCHASE, WHEREUPON A REFUND WILL BE GRANTED. Any use of the SOFTWARE other than pursuant to the terms of this EULA is a violation of applicable copyright laws and conventions.
Non-Transferable License: The licenses granted in this EULA to use the SOFTWARE of Satmap and its suppliers and licensors are personal to the Licensee, and the Licensee agrees not to transfer (by operation of law or otherwise), sublicense, lease, rent or assign its rights under this EULA, and any such attempt shall be null and void. Satmap may assign, transfer or sublicense this EULA or any rights or obligations hereunder at any time in its sole discretion.
User License: Subject to the terms and conditions of this EULA, Satmap hereby grants the Licensee a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-transferable license to download and install.
The license granted to the Licensee is made expressly subject to the following limitations: the Licensee may not itself (and shall not permit any third party to): (a) copy, other than as expressly permitted, all or any portion of the Software, except that the Licensee may make ONE (1) copy of the Software for archival purposes for use by the Licensee only in the event that the Software shall become inoperative; (b) modify or translate the Software; (c) reverse engineer, decompile or disassemble the Software, in whole or in part; (d) create derivative works based on the Software; (e) publicly display the Software; (f) rent, lease, sublicense, sell, market, distribute, assign, transfer or otherwise permit access to the Software to any third party; or (g) exercise any right to the Software not expressly granted in this EULA.
Portions of the Software are owned by and licensed from an affiliate of Microsoft Corporation. The rights, licenses, and obligations with respect to that software are set forth in the Microsoft End-User License Agreement supplied within the packaging of the GPS DEVICE.
Third Party Products: The Software can only be used on GPS DEVICE supplied by Satmap; it cannot and must not be used on GPS DEVICE supplied by any other manufacturer. The GPS DEVICE can only use other GPS DEVICE products and software supplied by Satmap; it cannot and must not be used with products from any other supplier. Efforts to use the GPS DEVICE or Software with third party products constitute a material breach of this EULA and will render any Warranty void immediately and outstanding.
Software Upgrades and Updates: Satmap reserves the right to discontinue, update, upgrade, fix and/or modify the software supplied to the Licensee or made available to the Licensee, with or without notice. This EULA does not grant the user any rights to Software upgrades, updates, modifications or bug fixes. Any such upgrades, updates, modifications or bug fixes are rightfully obtained from Satmap or from approved and authorised distribution channels, will be covered in full by the terms of this EULA.
Private Use: This EULA grants the Licensee permission to use the SOFTWARE supplied by Satmap on a non-exclusive basis for private, non-commercial use only.
Copyright: All SOFTWARE supplied by Satmap is protected in full by copyrights, trademarks and patents owned by Satmap and/or its suppliers and by applicable law and treaties. This EULA in no way grants ownership of any element of the Intellectual Property Rights (“IPR”) of Satmap and/or its suppliers to the Licensee. You are only permitted to use this IPR in accordance with the terms and conditions of this EULA. All rights not specifically granted in this EULA are reserved by Satmap. The Licensee hereby agrees to abide by all applicable copyright and other laws and by all applicable international treaties.
Restrictions: You or any other persons or organisation(s) are not permitted to modify the SOFTWARE under any circumstances. You will not, or permit any other person or organisation to, engage in any activities aimed at dissembling the SOFTWARE, either in whole or in part, in order to analyse for any purpose, including attempts to undertake any reverse engineering, unauthorised modifications, or to make products derived from it.
Confidentiality: The Licensee acknowledges that the IPR of Satmap and certain other materials are confidential as provided herein. Satmap and its licensors’ proprietary and confidential information includes: (i) the SOFTWARE; (ii) any and all other information which is disclosed by Satmap and its licensors to the Licensee orally, electronically, visually, or in a document or other tangible form which is either identified as or should be reasonably understood to be confidential and/or proprietary; and (iii) any notes, extracts, analysis, or materials prepared by the Licensee which are copies of or derivative works of Satmap or its licensors proprietary or confidential information from which the substance of confidential information can be inferred or otherwise understood (the “Confidential Information”).
Confidential Information does not include information which the Licensee can clearly establish by written evidence: (i) is or became known by the Licensee without an obligation to maintain its confidentiality; (ii) is or became generally known to the public without violation of any confidentiality restriction; or (iii) is independently developed by the Licensee without access to the Confidential Information.
The Licensee agrees not to disclose Confidential Information to any third party and will protect and treat all Confidential Information with the highest degree of care. Except as otherwise expressly provided in this EULA, the Licensee will not use or make any copies of Confidential Information, in whole or in part, without the prior written authorisation of Satmap. The Licensee may disclose Confidential Information if required by statute, regulation, or order of a court of competent jurisdiction, provided that the Licensee provides Satmap with prior notice, discloses only the minimum Confidential Information required to be disclosed, and cooperates with Satmap in taking appropriate protective measures.
Third Party Software Licenses: The SOFTWARE contains data supplied from third parties. Notwithstanding the terms and conditions of this EULA, this material is protected under the terms and conditions of separate licenses. In using the SOFTWARE, you are hereby bound by the terms and conditions of these additional licenses. Satmap cannot accept any responsibility for any errors in third party software products, including, but not limited to, map data. Any depiction of road, path, or track on mapping in the data is no indication of a right of way, and Satmap and its suppliers exclude all liability for such depiction.
Termination: Without prejudice to any other rights, this EULA will terminate immediately if the Licensee defaults or breaches any term of this EULA. Upon termination of this License for any reason, any right, license or permission granted to the Licensee with respect to the SOFTWARE shall immediately terminate and the Licensee hereby undertakes to: (i) immediately cease to use any part of the SOFTWARE; and (ii) promptly return or destroy the SOFTWARE and all Confidential Information and related material. The provisions regarding confidentiality, ownership, disclaimers of warranty, limitation of liability, equitable relief and governing law and venue will survive termination of this EULA indefinitely in accordance with their terms.
Export Restrictions: In accepting this EULA, you acknowledge that the SOFTWARE are subject to export restrictions by the U.S and the European Union, and that you will comply with all applicable national and international laws in respect of the SOFTWARE including end-user, end-use and destination restrictions. In particular, but without limitation, the SOFTWARE or underlying technologies may not be transferred, transmitted or otherwise exported or re-exported to any country, person or entity subject to applicable import and/or export restrictions.
Equitable Relief: It is agreed that because of the proprietary nature of the SOFTWARE, Satmap and its licensors’ remedies at law for a breach by the Licensee of its obligations under this EULA will be inadequate and that Satmap and its licensors shall, in the event of such breach, be entitled to, in addition to any other remedy available to it, equitable relief, including injunctive relief, without the posting of any bond and in addition to all other remedies provided under this EULA or available at law.
SATMAP SOFTWARE WARRANTY
The terms and conditions of the warranty for Satmap Software are as follows.
Satmap delivers high-quality software. Satmap does not warrant that the Software supplied is without errors in operation.
Satmap warrants that the Software will operate in accordance in all material respects with the specifications for a period of one (1) year.
In the event such Software does not comply with the foregoing warranty, your sole remedy and Satmap’s exclusive obligation shall be, at Satmap’s sole option, to either repair or replace the Software containing the non-compliant Software at no charge to you so that such Software conforms to the foregoing warranty. The foregoing warranty is void and does not apply if you modify or alter such Software or combine such Software with third party software or GPS DEVICE that is not provided or recommended by Satmap.
EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, SATMAP MAKES NO OTHER WARRANTIES RELATING TO THE SOFTWARE, EXPRESS OR IMPLIED, AND SATMAP EXPRESSLY DISCLAIMS ALL OTHER SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding anything else in the EULA or the Satmap Limited Warranty document, Satmap makes no warranties, express or implied, with respect to software included in the Products that is licensed from Microsoft Corporation or any of its affiliates, which software is provided ‘as is’ without warranty of any kind.
Except with respect to Satmap Software that is licensed from Microsoft Corporation or any of its affiliates, this is provided ‘as is’ without warranty of any kind.
Your attention is particularly drawn to the fact that the SOFTWARE rely on the correct operation of the global satellite constellations, over which Satmap has no control whatsoever.
Limitation of Liability:
- a) If you are unsure on the operation of the Satmap SOFTWARE, you are strongly advised to read the Full User Guide available at www.satmap.com and use the Knowledge Centre at www.Satmap.com.
- b) Satmap shall not be liable for any fraud or fraudulent misrepresentation perpetrated by any of its employees of agents.
- c) EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING UNDER THIS EULA OR FROM USE OF THE SOFTWARE IS TO DISCONTINUE USE OF THE SOFTWARE. SATMAP AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND AGENTS (THE “SATMAP PARTIES”) SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA OR USE (“EXCLUDED DAMAGES”), EVEN IF ANY PARTY WAS ADVISED OF THE POSSIBILITY OF ANY EXCLUDED DAMAGES OR ANY EXCLUDED DAMAGES WERE FORESEEABLE. IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF THE EXCLUSIVE REMEDY, THE LIABILITY OF THE SATMAP PARTIES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE LICENSEE FOR THE SOFTWARE. THE LICENSEE HEREBY EXPRESSLY RELEASES THE SATMAP PARTIES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO THE LICENSEE OR ANY THIRD PARTY AS A RESULT OF THE USE OF THE SOFTWARE.
The above disclaimer of warranty and liability constitutes an essential part of this EULA and the Licensee acknowledges that the Licensee’s use of the SOFTWARE reflects the Licensee’s acceptance of this disclaimer of warranty and liability.
MAPPING DATA:
This product contains mapping data licensed from third parties, including, but not limited to:
- © BEV 2008. Bundesamt für Eich- und Vermessungswesen in Viena, ZI. CPD-TE-ZA
- © NGI. Reproduction or adaptation in any form is forbidden
- © Department of Natural Resources Canada. All rights reserved.
- The mapping data included in this product is the exclusive property of Institut Géographique National (IGN-France). The license granted to the user of the files does not include any transfer of ownership of this data to the latter. Use of this data is strictly limited to usage by and the needs of the licensed users. Any disclosure, even partial, of the data to a third-party, whether free of charge or for a fee, in any format, by any means and for any reason whatsoever is subject to prior express agreement by IGN. The IGN data must not be extracted from the product or used in any other software. Reproduction for distribution to third parties or commercialisation of graphic output is prohibited, irrespective of the format or the process used. © IGN
- © Collins Bartholomew Limited 2008.
- Ordnance Survey with permission of the Controller of Her Majesty’s Stationery Office. Crown copyright and/or database right 2007. All rights reserved. License number PU100045104.
- Contains Ordnance Survey data © Crown copyright and database right 2011
- Contains Royal Mail data © Royal Mail copyright and database right 2011
- Map data licensed CC-BY-SA OpenStreetMap.org contributors
- Data included in this product reproduced under licence from NATS (Services) Ltd © Copyright 2011 NATS (Services) Ltd. All rights reserved.
- Geographers’ A-Z Map Company Ltd (“A-Z”). A-Z warrants that the Data is substantially similar to such maps and information in the corresponding print version and whilst A-Z endeavours to keep its map and index databases complete, accurate and up-to-date, all such data is supplied by A-Z on an “as is” basis and A-Z makes no warranty, and has no responsibility to you to ensure, that the DATA is complete and/or accurate and/or up-to-date. Copyright © 2008. ©Crown copyright 2008. License Number 100017302. All rights reserved.
- Transport for London and CycleCity Guides. Copyright © 2008
- Geoinformation © Bundesamt für Kartographie und Geodäsie (www.bkg.bund.de)
- © KOMPASS-Karten GmbH
- This is Crown Copyright and is reproduced with the permission of Land & Property Services under delegated authority from the Controller of Her Majesty’s Stationery Office, © Crown Copyright and database right 2010 Licence No 100,411
- This product includes mapping data licensed from Ordnance Survey Ireland. © Ordnance Survey Ireland 2009. All rights reserved. Licence number SatMap 12/08 v1.0
- Copyright © 2009. Dienst voor het kadaster en de openbare registers, Apeldoorn
- Sourced from Land Information New Zealand. Crown Copyright reserved.
- base cartográfica © Instituto Geográfico Nacional
- National Map of Switzerland © swisstopo 2008 (1174-D/090908)
- Data included in this product reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2011. All rights reserved. Ordnance Survey Licence number 100050448.
- © 2011 Norkart Geoservice AS/ Map data: Statens kartverk, license nr. 600086
- © 2011 HARVEY. All rights reserved.
- Product sourced from Bluesky International Limited. Data and imagery are protected by Copyright.
- © Lantmäteriet MS2009/09348
- © Editorial Alpina, www.editorialalpina.com
- © Commonwealth of Australia (Geoscience Australia) 2010. This material is released under the Creative Commons Attribution 3.0 Australia Licence.
- Survey, cartography, photography & design by EastWest Mapping © 2012
- © Fond de plan: Administration du Cadastre et de la Topographie Luxembourg; Extraits des cartes topographiques aux échelles 1 :20.000, 1:50.000 et 1:100.000. Autorisation de publication du 27 Février 2012.
- This product has been derived in part from material obtained from the UK Hydrographic Office with the permission of the UK Hydrographic Office, Her Majesty’s Stationery Office. © British Crown Copyright 2012. All rights reserved.
Disclaimer: SATMAP SYSTEMS LTD. (“Satmap”) IS NOT LIABLE FOR DAMAGES AND INJURIES CAUSED BY IMPROPER USE OR FITTING OF THE DEVICE.
USE OF THE DEVICE IS SUBJECT TO TECHNICAL CHANGES AND ERRORS. TRANSLATIONS INTO LANGUAGES OTHER THAN ENGLISH ARE PROVIDED FOR INFORMATION ONLY. IN THE EVENT OF ANY CONFUSION, THE ENGLISH TEXT IS THE CONTROLLING LANGUAGE. PLEASE NOTE: PRODUCT SPECIFICATIONS ARE LIABLE TO CHANGE WITHOUT NOTICE.
National Geographic mapping data: Mapping data is licensed from National Geographic Maps. National Geographic Maps and the National Geographic Society are in no way responsible for personal injury, damage to property, or violation of the law in connection with the use of their maps. TRAILS ILLUSTRATED and TOPO! are registered trademarks of NGHT, LLC. © 2010 NGHT, LLC. All rights reserved.
Satmap Systems Ltd
4 Fountain House, Cleeve Road, Leatherhead, Surrey, KT22 7LX. England
Email: info@satmap.com Website: www.satmap.com
Entire Agreement: This EULA and any other addendum or amendment supplied either within the packaging or on the Satmap website, in conjunction with the Satmap Limited Product Warranty, all third party license agreements, and the Satmap Standard Terms and Conditions constitute the entire agreement between you and Satmap relating to the SOFTWARE supplied by Satmap. If any section or part thereof of this EULA is held to be void, illegal, invalid or unenforceable, the remaining terms of this EULA shall remain in full force and effect.
Governing Law: This EULA is governed by English Law and all disputes shall be settled exclusively in the courts of England. The terms of the UN Convention on Contracts for the International Sales of Goods are agreed by all parties to be excluded from this EULA.
This product has been licensed from Microsoft in accordance with the following terms and conditions of the EULA.
Microsoft End User License Agreement Terms (“M-EULA”)
You have acquired a device (“DEVICE”) that includes software licensed by Satmap Systems Ltd from an affiliate of Microsoft Corporation (“MS”). Those installed software products of MS origin, as well as associated media, printed materials, and “online” or electronic documentation (“SOFTWARE”) are protected by international intellectual property laws and treaties. Manufacturer, MS and its suppliers (including Microsoft Corporation) own the title, copyright, and other intellectual property rights in the SOFTWARE. The SOFTWARE is licensed, not sold. All rights reserved.
This EULA is valid and grants the end-user rights ONLY if the SOFTWARE is genuine and a genuine Certificate of Authenticity for the SOFTWARE is included. For more information on identifying whether your software is genuine, please see https://www.microsoft.com/en-us/howtotell.
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DEVICE OR COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT SATMAP SYSTEMS LTD FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
- You may use the SOFTWARE only on the DEVICE.
- Restricted Functionality. You are licensed to use the SOFTWARE to provide only the limited functionality (specific tasks or processes) for which the DEVICE has been designed and marketed by Satmap Systems Ltd. This license specifically prohibits any other use of the software programs or functions, or inclusion of additional software programs or functions that do not directly support the limited functionality on the DEVICE. Notwithstanding the foregoing, you may install or enable on a DEVICE, systems utilities, resource management or similar software solely for the purpose of administration, performance enhancement and/or preventive maintenance of the DEVICE.
- If you use the DEVICE to access or utilise the services or functionality of Microsoft Windows Server products (such as Microsoft Windows Server 2003), or use the DEVICE to permit workstation or computing devices to access or utilise the services or functionality of Microsoft Windows Server products, you may be required to obtain a Client Access License for the DEVICE and/or each such workstation or computing device. Please refer to the end user license agreement for your Microsoft Windows Server product for additional information.
- NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. SATMAP SYSTEMS LTD HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON SATMAP SYSTEMS LTD TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
- NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided “AS IS” and with all faults. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MS.
- No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S.$250.00).
- Restricted Uses. The SOFTWARE is not designed or intended for use or resale in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, or other devices or systems in which a malfunction of the SOFTWARE would result in foreseeable risk of injury or death to the operator of the device or system, or to others.
- Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- SOFTWARE as a Component of the DEVICE – Transfer. This license may not be shared, transferred to or used concurrently on different computers. The SOFTWARE is licensed with the DEVICE as a single integrated product and may only be used with the DEVICE. If the SOFTWARE is not accompanied by a DEVICE, you may not use the SOFTWARE. You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of the DEVICE, provided you retain no copies of the SOFTWARE. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE. This transfer must also include the Certificate of Authenticity label. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the SOFTWARE must agree to all the EULA terms.
- Consent to Use of Data. You agree that MS, Microsoft Corporation and their affiliates may collect and use technical information gathered in any manner as part of product support services related to the SOFTWARE. MS, Microsoft Corporation and their affiliates may use this information solely to improve their products or to provide customised services or technologies to you. MS, Microsoft Corporation and their affiliates may disclose this information to others, but not in a form that personally identifies you.
- Internet Gaming/Update Features. If the SOFTWARE provides, and you choose to utilise, the Internet gaming or update features within the SOFTWARE, it is necessary to use certain computer system, GPS DEVICE, and software information to implement the features. By using these features, you explicitly authorise MS, Microsoft Corporation and/or their designated agent to use this information solely to improve their products or to provide customised services or technologies to you. MS or Microsoft Corporation may disclose this information to others, but not in a form that personally identifies you.
- Internet-Based Services Components. The SOFTWARE may contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that MS, Microsoft Corporation or their affiliates may automatically check the version of the SOFTWARE and/or its components that you are utilising and may provide upgrades or supplements to the SOFTWARE that may be automatically downloaded to your DEVICE. Microsoft Corporation or their affiliates do not use these features to collect any information that will be used to identify you or contact you. For more information about these features, please see the privacy statement at http://privacy.microsoft.com/en-gb/fullnotice.mspx.
Links to Third Party Sites. You may link to third party sites through the use of the SOFTWARE. The third party sites are not under the control of MS or Microsoft Corporation, and MS or Microsoft are not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. MS or Microsoft Corporation is not responsible for webcasting or any other form of transmission received from any third party sites. MS or Microsoft Corporation are providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by MS or Microsoft Corporation of the third party site.
- Notice Regarding Security. To help protect against breaches of security and malicious software, periodically back up your data and system information, use security features such as firewalls, and install and use security updates.
- No Rental/Commercial Hosting. You may not rent, lease, lend or provide commercial hosting services with the SOFTWARE to others.
- Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
- Additional Software/Services. This EULA applies to updates, supplements, add-on components, product support services, or Internet-based services components (“Supplemental Components”), of the SOFTWARE that you may obtain from Satmap Systems Ltd, MS, Microsoft Corporation or their subsidiaries after the date you obtain your initial copy of the SOFTWARE, unless you accept updated terms or another agreement governs. If other terms are not provided along with such Supplemental Components and the Supplemental Components are provided to you by MS, Microsoft Corporation or their subsidiaries then you will be licensed by such entity under the same terms and conditions of this EULA, except that (i) MS, Microsoft Corporation or their subsidiaries providing the Supplemental Components will be the licensor with respect to such Supplemental Components in lieu of Satmap Systems Ltd for the purposes of the EULA, and (ii) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUPPLEMENTAL COMPONENTS AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SUPPLEMENTAL COMPONENTS ARE PROVIDED AS IS AND WITH ALL FAULTS. ALL OTHER DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS PROVIDED BELOW AND/OR OTHERWISE WITH THE SOFTWARE SHALL APPLY TO SUCH SUPPLEMENTAL COMPONENTS. MS, Microsoft Corporation or their subsidiaries reserve the right to discontinue any Internet-based services provided to you or made available to you through the use of the SOFTWARE.
- Recovery Media. If SOFTWARE is provided by Satmap Systems Ltd on separate media and labelled “Recovery Media” you may use the Recovery Media solely to restore or reinstall the SOFTWARE originally installed on the DEVICE.
- Backup Copy. You may make one (1) backup copy of the SOFTWARE. You may use this backup copy solely for your archival purposes and to reinstall the SOFTWARE on the DEVICE. Except as expressly provided in this EULA or by local law, you may not otherwise make copies of the SOFTWARE, including the printed materials accompanying the SOFTWARE. You may not loan, rent, lend or otherwise transfer the backup copy to another user.
- End User Proof of License. If you acquired the SOFTWARE on a DEVICE, or on a compact disc or other media, a genuine Microsoft “Proof of License”/Certificate of Authenticity label with a genuine copy of the SOFTWARE identifies a licensed copy of the SOFTWARE. To be valid, the label must be affixed to the DEVICE, or appear on Satmap Systems Ltd’s software packaging. If you receive the label separately other than from Satmap Systems Ltd, it is invalid. You should keep the label on the DEVICE or packaging to prove that you are licensed to use the SOFTWARE.
- Product Support. Product support for the SOFTWARE is not provided by MS, Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to Satmap Systems Ltd support number provided in the documentation for the DEVICE. Should you have any questions concerning this EULA, or if you desire to contact Satmap Systems Ltd for any other reason, please refer to the address provided in the documentation for the DEVICE.
- Termination. Without prejudice to any other rights, Satmap Systems Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
- EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is subject to U.S. and European Union export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information see http://www.microsoft.com/exporting.
FCC CERTIFICATION
This device complies with part 15 of the Federal Trade Commission’s (“FCC”’s) Rules. Operation is subject to the following two conditions:
(1) This device may not cause harmful interference, and
(2) This device must accept any interference received, including interference that may cause undesired operation.
Note: Satmap is not responsible for any radio or TV interference caused by unauthorised modifications to this equipment. Such modifications could void the user’s authority to operate the equipment.
This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
- Reorient or relocate the receiving antenna.
- Increase the separation between the equipment and receiver.
- Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
- Consult the dealer or an experienced radio/TV technician for help.
Important Note
This product is sold for the specific purpose of providing a general indication of geographical location by utilisation of the Global Positioning System (GPS) operated by the US Government, and must not be used for any other purposes. (Please see Satmap terms and conditions of use).
Warning
This equipment must not be modified in any way and must only be used as directed and with the authorised accessories. Any attempts to do so, either successful or not, will breach all warranties, certifications and product liabilities incumbent upon Satmap and supplier of these goods, rendering them immediately and automatically null and void.
Satmap Systems Ltd
128A Kingston Road, Leatherhead, Surrey, KT22 7PU. England
Email: info@satmap.com Website: www.satmap.com