8.5The Licensor also draws the attention of the User to the fact that, when using the Software Product in any form of vehicle, 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 the use of the Software Product) is the exclusive responsibility of the User. The Licensor shall not assume any responsibility for any damages occurred in relation to use of the Software Product in a motor vehicle.
8.6By concluding the Agreement, the User shall, in particular, acknowledge the information stated in Section 8 above.
9 Sanctions
9.1The Licensor hereby informs the User that, if the Licensor finds its rights under the Copyright Act to be breached, the Licensor may
9.1.1seek judicial recognition of this breach;
9.1.2demand that the breach cease and order the person in breach to refrain from continuing such actions;
9.1.3demand that the person under breach give proper compensation (even by way of publicity at the expense of the person in breach);
9.1.4claim the return of the increase of assets due to the breach;
9.1.5demand the cease of the wrongful action and, demand restitution to its state before the breach was committed at the expense of the person in breach, and may demand the destruction of instruments and materials used to commit the breach as well as of the products created by the breach;
9.1.6claim for damages.
9.2The Licensor hereby also informs the User that the breach of copyrights and related rights is a crime under Act IV of 1978 on the Hungarian Criminal Code, which may be sentenced of two years in prison in basic cases and up to eight years in prison in aggravated cases.
9.3Contents and services provided by third parties
The Licensor hereby excludes any liability of its own for the Database in the Software Product and for any content or service provided by a third party by using the Database. The Licensor does not warrant the quality, suitability, accuracy, fitness for a specific purpose or territorial coverage of the product or service or the availability of the service, and it specifically excludes any liability for the suspension of the service, and any damage arising in relation to the service or for complete cancellation of the service.
The relevant information and data in connection with the contents and services provided by third parties are available at www.naviextras.com. The User hereby acknowledges that the contents and services provided by third parties may only be used at the risk of the User and for the personal benefit of the User.
9.4 Contents and services provided by the Licensor or an agent of the Licensor
The Licensor or a contractual partner may offer various products and services to the User through www.naviextras.com. The User may only use these services when the User has read and understood the relevant end user license agreement(s) at www.naviextras.com and the User is obliged to use the services in line with the terms and conditions thereof.
9.5The parties hereby agree that the courts of the Republic of Hungary will have exclusive jurisdiction to rule on any disputes arising in connection with this Agreement.
10. Anonymous data collection
10.1The User hereby acknowledges that the Software Product may collect and store data connected to the usage of the Software Product by the User (e.g. movement/route data, user interaction data). Such data collection functions may be disabled or enabled by User any time from within the corresponding menu. The collected data is connected to the device type identifier of the device running the Software Product and not associated in any way with any personal information of the User or with the User itself.
10.2The collected data may be uploaded to Licensor’s database and used exclusively for the purpose of enhancing and improving the features and services of the Software Product and the Databases.
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