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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 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.
34


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