Software License

MiLLennium GPSCard Software Version 4.50 Command Descriptions Manual Rev 1 9

SOFTWARE LICENSE
BY OPENING THE SEALED DISK PACKAGE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT PROMPTLY RETURN THE
UNOPENED DISK PACKAGE AND THE ACCOMPANYING ITEMS TO NOVATEL INC.
1. License: NovAtel Inc. (“NovAtel”) grants you a non-exclusive license (not a sale) to use one copy of the enclosed NovAte l
software on a single computer, and only with the product whose model number and serial number appear on the envelope.
2. Copyright: NovAtel owns, or has the right to sublicense, all copyright, trad e secret, pat ent and othe r propriet ary rights in the
software and the software is protected by national copyright laws, international treaty provisions and all other applicable
national laws. You must treat the software like any other copyrighted material except that you may either (a) make one copy
of the software solely for backup or arch ival purposes, or (b) transfer the software t o a single hard disk provided you keep the
original solely for backup or archival purposes. You may not copy the product manual or written materials accom panying the
software.
3. Restrictions: You may not: (1) copy (other than as provided for in paragraph 2), distribute, rent, lease or sublicense all or
any portion of the software; (2) modify or prepare derivative works of the software; (3) use the software in connection with
computer-based services business or publicly display visual output of the software; (4) transmit the software over a network , by
telephone or electronically using any means; or (5) rever se engineer, decompile or disassemble the software. You agree to ke ep
confidential and use your best efforts to prevent and protect the contents of the software from unauthori zed disclosure or use.
4. Term and Termination: This Agreement is effective until terminated. You may terminate it at any time by destroying the
software, including all computer p ro gram s an d do cu men tatio n, and er asin g an y co pi es r esi ding o n co mput er e q uipm ent. If you
do so, you should inform NovAtel in writing immediately. This Agreement also will terminate if you do not comply with any
of its terms or conditions. Upon such termination you are obligated to destroy the software and erase all copies residing on
computer equipment. NovAtel reserves the right to terminate this Agreement for reason of misuse or abuse of this software.
5. Warranty: For 90 days from the date of shipment, NovAtel war rants that the me dia (for example, diskette) on wh ich the
software is contained will be free from defects in materials and workmanship. This warranty does not cover damage caused by
improper use or neglect. NovAtel does not warrant the contents of the software or that it will be error free. The software is
furnished "AS IS" and without warranty as to the performance or results you may obtain by using the software. The entire risk
as to the results and performance of the software is assumed by you.
6. For software UPDATES and UPGRADES, and regular customer support, contact the NovAtel GPS Hotline at
1-800-NOVATEL (Canada and the U.S.A. only), or directly for International Customers 1-403-295-4900, Fax 1-403-295-
4901, e-mail to support@novatel.ca, visit out world wide web site at http://www.novatel.ca, or write to:
NovAtel Inc.
Customer Service Dept.
1120 - 68th Avenue NE
Calgary, Alberta,
Canada
T2E 8S5
7. Disclaimer of Warranty and Limitation of Liability:
a. THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NOVATEL DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. IN NO EVENT WILL NOVATEL'S
LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
LOST PROFITS, EVEN IF NOVATEL HAS KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.
b. NovAtel will not be liable for any loss or damage caused b y delay in furnishing the software or any ot her performance
under this Agreement.
c. NovAtel's entire liability and your exclusive remedies for our liability of any kind (including liability for neglige nce)
for the software covered by this Agreement and al l ot he r p erf orma nce or nonpe rfo rman ce by NovA tel un der or re l ate d to t his
Agreement are limited to the remedies specified by this Agreement.
This Agreement is governed by the laws of the Province of Alberta, Canada. Each of the parti es hereto irrevocab ly
attorns to the jurisdiction of the courts of the Province of Alberta.
SOFTWARE LICENSE