iGuidance navigation software ("Software") and map data (“Data”) are provided
for your personal, internal use only and not for resale. It is protected
by copyright, and is subject to the following iNav Corporation iGuidance
software license (“License”) terms and conditions which are agreed to by you, on
the one hand, and iNav Corporation ("iNav") and its licensors (including their
licensors and suppliers) (“Licensors”) on the other hand. This EULA shall
commence on the date you install the Software, and equally apply to all
subsequent updates, map upgrades, “online” or electronic documentations, and
Internet-based services you install and/or download and shall continue until the
earlier of: (i) the date it is terminated in accordance with the terms herein;
or (ii) the expiration of the trial period, if applicable. You agree that this
EULA is enforceable as any written agreement signed and agreed to by you. If
you do not agree to the terms of this agreement, you should promptly exit the
install program and do not install the Software and Data. Your rights under
this License will terminate automatically without notice if you fail to comply
with any term(s) of the License.
WARNING: DO NOT ENTER DATA OR WORK THE SOFTWARE’S CONTROLS WHILE OPERATING A
VEHICLE. IT IS DANGEROUS TO DO SO. PARK VEHICLE PRIOR TO OPERATING THIS
SOFTWARE. INAV AND NETROPA TAKE NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY
USE THAT IS INCONSISTENT WITH THIS WARNING OR THE EULA.
COPYING OR USE OF THIS SOFTWARE AND DATA OR ITS DOCUMENTATION EXCEPT AS
PERMITTED BY THIS EULA IS UNAUTHORIZED AND IS COPYRIGHT INFRINGEMENT UNDER THE
LAWS OF YOUR COUNTRY. IF YOU COPY OR USE THIS SOFTWARE AND DATA OR ITS
DOCUMENTATION WITHOUT PERMISSION OF iNAV, EXCEPT AS PERMITTED BY THIS EULA, YOU
ARE VIOLATING THE LAW. YOU WILL BE LIABLE TO iNAV AND ITS LICENSORS FOR DAMAGES,
AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.
iNav Corporation. All
Navteq Corporation. All
Netropa Corporation. All
The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase © .
TERMS AND CONDITIONS
THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND/OR OTHER ENFORCEMENT TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED COPYING AND/OR ILLEGAL USAGE AND LIMIT THE ABILITY TO INSTALL/UNINSTALL THE SOFTWARE ON A COMPUTER OR A CE DEVICE TO NOT MORE THAN A FINITE NUMBER OF TIMES FOR A FINITE NUMBER OF COMPUTERS. YOU AGREE THAT iNAV MAY USE THESE MEASURES TO PROTECT iNAV AGAINST SOFTWARE PIRACY.
The copyright enforcement technology for Laptop, UMPC/Car PC version SOFTWARE requires activation as further set forth in iGuidance Activation Guide, which is included w/ your product purchase. iNav will ONLY support proper activation/deactivation methods stated so in iGuidance Activation Guide. The Software will only operate for a finite period of time prior to Software activation by you. During activation, you will provide your unique product key accompanying the Software and computer configuration in the form of a numeric code over the Internet to verify the authenticity of the Software. If you do not complete the activation within the finite period of time set forth in the documentation, or as prompted by the Software, the Software will cease to function until activation is complete, which will restore Software functionality.
THE COPYRIGHT ENFORCEMENT TECHNOLOGY FOR LAPTOP, UMPC/CAR PC VERSION SOFTWARE IS DESIGNED TO WORK ON WINDOWS BASED HARDWARE (SUCH AS PC'S UNDER WINDOWS XP AND VISTA OPERATING SYSTEMS) AND NOT DIRECTLY WITHIN VIRTUAL MACHINES OR EMULATORS OF ANY SORT (EX. VMWARE, BOOT CAMP, PARALLEL, ETC). THIS INCLUDES MACINTOSH COMPUTERS RUNNING WINDOWS. WHILE IT MAY WORK WITH SOME EMULATORS AND/OR VIRTUAL MACHINES, THAT PERFORMANCE IS NOT GUARANTEED AND MAY NOT CONTINUE WHEN THE PUBLISHER OF THOSE PRODUCTS MAKES ANY CHANGES.
FOR LAPTOP, UMPC/CAR PC VERSION SOFTWARE, EACH LICENSE GRANTS MAXIMUM OF TWO ACTIVATIONS. UNINSTALLATIONS AND REINSTALLATIONS OF SOFTWARE TO THE SAME LAPTOP OR UMPC WILL NOT AFFECT ACTIVATION COUNT NOR IN THE CASE WITH EQUIPEMENT TRANSFER, PROVIDED YOU DE-ACTIVATE THE LICENSE ON THE ORIGINAL MACHINE VIA INTERNET BEFORE RE-ACTIVATING IT ON YOUR NEW MACHINE. BOTH EQUIPMENTS MUST BE OWNED AND USED BY YOU PERSONALLY AND CAN NOT BE USED AT THE SAME TIME.
FOR POCKET PC VERSION, USAGE OF SOFTWARE AND DATA IS LIMITED TO THE ORIGINAL DATA CARD THE PROGRAM IS INSTALLED. ANY ATTEMPT TO DUPLICATE AND/OR MANIPULATE THE PROGRAM ON THE DATA CARD WILL DAMAGE THE PROGRAM PERMANENTLY AND THUS TERMINATE THE LICENSE IMMEDIATELY.
its Licensors grant you a perpetual, non-exclusive,
and non-transferable License to use, in accordance with the
permitted use set forth in this EULA.
You may use one copy of the
enclosed Software and Data on a single
computer (desktop or notebook), Windows CE (Pocket PC) device, UMPC
mobile PC), OR a car PC at any time. You may not network the Software
or otherwise use it on more than one computer or mobile computer at the
time. You may make copy of the Software and Data solely for backup or
backup copy must include
all copyright information contained in the original. THE SOFTWAREAND
DATA INCLUDE PRODUCT ACTIVATION
AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED COPYING. PLEASE
THE ACTIVATION GUIDE INCLUDED WITH YOUR PURCHASE OR VISIT WWW.INAVCORP.COM/SUPPORT.PHP
FOR PRODUCT ACTIVATION INFO. EACH LICENSE
GRANTS MAXIMUM OF TWO ACTIVATIONS.
UNINSTALLATIONS AND REINSTALLATIONS OF SOFTWARE TO THE SAME LAPTOP OR
NOT AFFECT ACTIVATION COUNT NOR IN THE CASE WITH EQUIPEMENT TRANSFER,
YOU DE-ACTIVATE THE LICENSE ON THE ORIGINAL MACHINE BEFORE
RE-ACTIVATING IT ON
YOUR NEW MACHINE. BOTH
BE OWNED AND USED BY YOU PERSONALLY.
USE SOFTWARE AND DATA AS WELL AS THE ACTUAL PRODUCT DISK ITSELF ARE
ONCE THE SERIAL # OR LICENSE CODE IS USED OR IF THE PROGRAM DVD CASE OR
SLEEVE/ENVELOP SEAL IS BROKEN OR TAMPERED WITH.
LICENSE AND DISK OBTAINED THROUGH
EVALUATION PROCESS IS NON-REFUNDABLE
ONCE THE FULL LICENSE IS PURCHASED AND LICENSE KEY OR UNLOCKING CODE
ISSUED. LICENSE TO USE IGUIDANCE ON DATA CARD AS WELL AS THE DATA CARD ITSELF ARE NON-REFUNDABLE AFTER USER EXCEEDS THE TRIAL/EVALUATION PERIOD SPECIFIED ON INAV WEBSITE WWW.INAVCORP.COM.
Use Only &
to use this Software & Data for solely personal, non-commercial
purposes for which you were
licensed, and not for
service bureau, time-sharing or other similar purposes; or in the case
government or corporate customers with volume licenses purchased for
their authorized employees or contractors, for purpose as required by
but subject to
the restrictions set forth in the following paragraphs, you may copy
Software and Data only as necessary for backup or archival purposes or
(i) view it, and (ii) save it, provided that you do not remove any
notices that appear and does not modify the Software and Data in any
way. You agree not
to otherwise reproduce, copy,
modify, decompile, disassemble or reverse engineer any portion of this
and Data, and you may not distribute, rent, lease, sell, sublicense or
otherwise transfer all or part of the Software and Data or any
rights granted hereunder in any form, for any purpose, except to the
permitted by mandatory law and this License.
where you have been specifically licensed to do so by iNav and without
the preceding paragraph, you may not (a) use this Software and Data
products, systems, or applications installed or otherwise connected to
communication with vehicles, or capable of vehicle dispatch, fleet
or similar applications. Without limiting the foregoing, you may only
Software and Data in the form delivered by iNav and it may not be
any further automated or systematic processing.
transfer, assign, rent, lease, sell, or sublicense rights in the
Data to a third party, un-bundle and/or repackage for distribution or
or authorize all or any portion of the Software and Data to be copied
another user’s computer.
Warranty for Disk Media and Data Card ONLY
following limited warranty is available only if you purchased iNav
Data from an authorized reseller and that you are the original retail Buyer.
warrants that the DVD media on which the Software and Data (for Laptop & UMPC/Car Edition)is stored
free from defects in material or workmanship for
a period of ninety (90) days from your
payment of the applicable license fee (and one-year for iGuidance Pocket PC version data cards from your payment of the data card), as evidenced by your invoice
“Limited Warranty Period”), provided that the media
is used in the way it is
intended as described in the Installation Guide and iGuidance User
included with each Software and Data package.
Receipt of media replacement
and/or subsequent updates or upgrades to
the Software and Data shall not restart or otherwise affect the
for previously delivered copies. All
warranties stated in this EULA apply only when the Software and Data is
within the United States of America, Canada, Puerto Rico, and U.S.
sole obligation and
liability for breach of the foregoing warranties shall be to replace
defective media, as the case may be. In the case warranty is applied
granted, you are responsible for shipping the disk back to iNav if
and iNav will not be liable for any damage and/or loss due to transit.
Termination of Support
Current support term is one year email support based on purchase date of Software and Data or Data Card from iNav Online Store or iNav's authorized resellers. However, iNav
obligation to provide technical support service to the Software and
Data. iNav reserves
the right to terminate our
support services and/or any other related services applicable to this
the Software and Data anytime without notice and/or in the event that
Software and Data has become inoperable or incompatible with current
systems, hardware, or other technologies.
Software and Data is provided to you "AS IS WITH ALL FAULTS" and
you agree to use
it at your own risk. iNav
Licensors make no guarantees, representations or warranties of
any kind, express or
implied, arising by law or otherwise, including but not limited to,
quality, accuracy, performance, merchantability, completeness,
reliability, fitness for a particular purpose, usefulness, use or
results to be
obtained from this Software and Data, or that the Software, Data or
server will be
acknowledge that route
calculation error may occur when using navigation.
Some States, Territories and
not allow certain warranty exclusions, so to that extent the above
may not apply to you.
AND ITS LICENSORS
SHALL NOT BE LIABLE
TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE
OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY
DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM
THE USE OR POSSESSION
OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR
OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY
THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN
IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF INAV OR ITS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, iNav shall not be liable
shall be excused from any failure to deliver or perform or for delay in
delivery or performance due to causes beyond its reasonable control,
but not limited to, work stoppages, shortages, civil disturbances,
actions, transportation problems, interruptions of power or
failure of licensors, suppliers or subcontractors, natural disasters,
acts of God. Notwithstanding
that you might incur for any reason whatsoever (including, without
all damages referenced herein), the entire liability of iNav and its
arising from or related to this EULA, shall be limited to the amount
paid by you for the Software and Data.
Some States, Territories and
Countries do not allow certain liability
exclusions or damages limitations, so to that extent the above may not
to any products, services, processes, hypertext links to third parties
data by trade name, trademark, manufacturer, supplier or otherwise does
necessarily constitute or imply its endorsement, sponsorship or
by iNav or its Licensors. Product
service information are the sole responsibility of each individual
vendor. The Navteq
Corporation name and logo, the NAVTEQ
(formerly NAVTECH) and NAVTEQ ON BOARD
trademarks and logos, and other trademarks and
trade names owned by Navteq Corporation may not be used in any
commercial manner without the prior written consent
name and logo, the Netropa and Intellinav trademarks and logos may not
in any commercial manner without prior written consent of Netropa
iNav Corporation name
and logo, and iGuidance trademark and logo may not be used in any
manner without the prior written consent of iNav Corporation.
not to export from anywhere any part of the Software and Data provided
or any direct product thereof except in compliance with, and with all
and approvals required under, applicable export laws, rules and
to indemnify, defend and hold iNav and its Licensors (including their
respective licensors, suppliers, assignees, subsidiaries, affiliated
and the respective officers, directors, employees, shareholders, agents
representatives) free and harmless from and against any liability,
(including injuries resulting in death), demand, action, cost, expense,
claim of any kind or character, including but not limited to attorney's
arising out of or in connection with any use or possession by you of
Software and Data.
and conditions constitute the entire agreement between iNav (including
Licensors and suppliers) and you pertaining to the subject matter
supersede in their entirety any and all written or oral agreements
existing between us with respect to such subject matter.
terms and conditions shall be governed by the laws of the California, USA (for the
Software), or Illinois, USA (for the
Data), without giving
effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded.
You agree to submit to the
jurisdiction of California (for the
Software), and Illinois (for the Data), for any and all disputes,
actions arising from or in connection with the Software and Data
Software, and/or documentation, delivered hereunder are subject to the
this iNav and NAVTEQ Corporation EULA.
If the NAVTEQ Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, the NAVTEQ Data is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with the End-User Terms under which this NAVTEQ Data was provided, and each copy of the NAVTEQ Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use," and shall be treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: NAVTEQ
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS:
222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654
This Data is a commercial item as defined in FAR 2.101 and is subject to the End-User Terms under which this NAVTEQ Data was provided.
© 200x NAVTEQ - All rights reserved.
If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify NAVTEQ prior to seeking additional or alternative rights in the NAVTEQ Data.