261985
USER AGREEMENT
In using this Blackbird Portable Navigation System (hereinafter referred to as “System”), which includes Alpine Electronics, Inc. (“Alpine”) Specifications, Space Machine, Inc. ("Space Machine") Software and NAVTEQ North America, LLC. (“NAVTEQ”) Database, you are bound by the terms and conditions set forth below. By breaking the seal on the System and using your copy of the System, you have demonstrated your agreement to the terms and conditions of this Agreement. You should, therefore, make sure that you read and understand the following provi- sions.
The System may not be copied, duplicated or otherwise modified, in whole or in part, without the express written permission of Alpine, Space Machine and NAVTEQ.
The System may not be transferred or sublicensed to any third party for profit, rent or loan or licensed for reuse in any manner.
The System may not be decompiled, reverse engineered or otherwise disassembled, in whole or in part.
The System may not be used in a network or by any other manner of simultaneous use in multi- ple systems.
The System is intended solely for personal use (or internal use where the
The System is not to be used for commercial purposes.
Neither Alpine, Space Machine nor NAVTEQ guarantees to the customer that the System meet the specific objectives of the user.
Neither Alpine, Space Machine nor NAVTEQ shall be responsible for any damages caused by the use of the System to the actual user and to any third party.
The warranty on the System shall not extend to an exchange or refund due to misspelling, omission of letters, or any other cosmetic discrepancy in layout found in the System.
The right to use the System shall expire either when the user destroys this software, or when any of the terms for use is violated and Alpine, Space Machine and/or NAVTEQ exercise the option to revoke the license to use this software.
The terms and conditions hereof apply to all subsequent users and owners as well as to the original purchaser.
The NAVTEQ Database may include or reflect data of licensors, including Her Majesty The Queen in right of CANADA. Such data is licensed on an “AS IS” basis. The licensors, including Her Majesty The Queen, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, accuracy or fitness for a particular purpose.
The licensors, including Her Majesty The Queen, shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleg- ing any loss, injury or damages, direct or indirect, which may result from the use or possession of the data or the NAVTEQ database. The licensors, including Her Majesty The Queen, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data or the NAVTEQ database.
End User shall indemnify and save harmless the licensors, including Her Majesty The Queen and the minister, and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or possession of the data or the NAVTEQ database.
4