ALK Technologies Pocket PC 5 manual Property and Ownership

other infringement of the Licensor's rights in relation to the Whereis Data.The contact details of the Licensor are as follows: Sensis Pty Ltd, 181-189 Victoria Parade, Collingwood,Victoria 3066,Australia.

3. PROPERTY AND OWNERSHIP

All intellectual property rights (including copyright and any trade marks used by the Licensor and Telstra) in and to the Whereis Data are the sole and exclusive property of, or a use under licence by, the Licensor (or its licensors). Except to the extent permitted by this Licence, you do not acquire any intellectual property rights in or to the Whereis Data.

4. EXCLUSION OF LIABILITY

To the extent permitted by law, the Licensor does not make any warranties of any kind, whether express or implied, including any implied warranty of mer- chantability or fitness of the Whereis Data for a particular purpose. Licensor's lia- bility for breach of any condition or warranty implied by statute which cannot be excluded is (to the extent permitted by law) limited to, in the case of the supply of goods, the repair, replacement or re-supply of the goods or of equivalent goods or the payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; and in the case of the supply of services, supplying the services again, or the payment of the cost of having the services supplied again, provided that there shall be no such limitation for breach of such a condition or warranty where the relevant law prohibits such limitation.

Subject to this clause 4, the Licensor, its employees, agents and contractors will not be liable (whether in contract, tort or otherwise) to you or any other person for any loss, costs, damage or injury of any kind whatsoever (including incidental or consequential loss) wholly or partly arising out of or in connection with the use of or inability to use the Whereis Data.

5.TERMINATION

The Licensor may terminate the Licence immediately if you are in breach of any provision of this agreement. Your rights under this agreement cease immediately upon termination of the Licence and you must immediately cease using the Whereis Data; and at the Licensor's election, return to the Licensor at the details described in clause 2.5 or destroy all materials bearing or containing the Whereis Data and, if required by the Licensor, shall certify that the Whereis Data and all such copies have been returned or destroyed. Termination of the Licence does not affect any rights or remedies which accrued prior to termination.

6. GENERAL

You may not assign or sub-license your rights under this Licence.This agreement constitutes the entire agreement between the parties. Any previous agreements, understandings and negotiations cease to have any effect. A provision of, or a right created under, this agreement may not be waived except in writing signed by the Licensor.This agreement is governed by the laws in force in the State of Victoria,Australia. A reference to a person includes a reference to a firm, corpo- ration or other corporate body.

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