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Terms and Conditions of Use Navi2Go is a mobile service provided by 3DVU, Inc. (hereinafter: "3DVU") in collaboration with other service vendors. In order to use Navi2Go, including any third party software or service incorporated or related to it, (hereinafter together: "Navi2Go") you agree to be bound by these Terms and Conditions of use, on behalf of yourself or any other third party that may use it on your website and mobile device. If you don't agree with these Terms and Conditions, please delete Navi2Go from your website and mobile device immediately and refrain from any use of this product. By accepting these Terms and Conditions you hereby also agree to the Privacy Statement included under the 'Help' Menu and under the following web link: http://www.Navi2Go.com/Privacy.asp Network Charges: It is possible that certain mobile operators or providers might charge you for the data required for receiving this download. Also, depending on your specific data plan and your mobile operator or provider, you may be charged for the amount of data, SMS, MMS and air time you may consume via of your mobile device when you access Navi2Go or other services through Navi2Go (hereinafter "Network Charges"). You hereby confirm that you have the sole responsibility to pay any such Network Charges and you specifically wave any claim towards any one of the Navi2Go service vendors regarding your Service Charges. Non-Commercial Use only: Navi2Go is made available to you for your non-commercial use only. Unless you have our prior written consent, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Navi2Go. Furthermore, you may not use Navi2Go in any manner that could damage, disable, overburden, or impair any one of the Navi2Go service vendors (e.g., you may not use Navi2Go in an automated manner), nor may you use Navi2Go in any manner that could interfere with any other party's use and enjoyment of the Navi2Go services. If you have comments on Navi2Go or ideas on how to improve it, please use the Forum section of the Navi2Go web site: http://www.Navi2Go.com/Forum. Please note that by doing so, you also grant 3DVU permission to use and incorporate your ideas or comments into Navi2Go (or third party software) without further notice or compensation. Intellectual Property: As between you and 3DVU, you agree and acknowledge that 3DVU owns all rights, title and interest in and to Navi2Go, including without limitation all associated Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter 3DVU's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Navi2Go. Disclaimer of Warranties: 3DVU and any third party who makes its software or services available in conjunction with or through Navi2Go disclaim any responsibility for any harm resulting from your use of Navi2Go and/or any third party software accessed in conjunction with or through Navi2Go. It is totally forbidden to operate Navi2Go by the driver while driving. You have the full and sole responsibility to drive safely and carefully. You should always give priority to the traffic rules, traffic signs, traffic conditions and road conditions that apply in the specific area you are driving in. 3DVU is not responsible for the accuracy of Navi2Go, the maps and any other results of your search queries. You are being warned that Navi2Go may contain errors and that geographical information, by nature, contains errors and may change from time to time. NAVI2GO IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. 3DVU AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 3DVU AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF NAVI2GO AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE NAVI2GO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF NAVI2GO. Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL 3DVU OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE OR SERVICES AVAILABLE IN CONJUNCTION WITH OR THROUGH NAVI2GO BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF NAVI2GO. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF 3DVU AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON NAVI2GO MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH NAVI2GO, FROM INABILITY TO USE NAVI2GO MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH NAVI2GO, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF NAVI2GO MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH NAVI2GO (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Miscellaneous Provisions: These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to the conflict of laws provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. i-Cubed End User License Agreement 1. SCOPE OF USE: You agree to use the Information solely for personal use, internal business use (normal scope of business), and not for resale commercial purposes nor for service bureau, time-sharing or other similar purposes unless explicitly permitted in writing by i3 to do so. 2. RESTRICTIONS: Without limiting the foregoing, you may not (a) sublicense, transfer, assign, rent, lease, publish or otherwise convey the Information, or any right with respect thereto, to any third party unless such party is conducting or performing work strictly on your behalf for a limited time; (b) disassemble, decompile or otherwise reverse engineer all or any portion of the Information; (c) remove from the Information, or alter, any of the trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings, or add any other notices or markings to the Information. 3. OWNERSHIP: The Information is the copyrighted property of i3 and/or its licensors. The Information is licensed, not sold, and you agree that the Information, and all intellectual property and proprietary rights therein, are owned by i3 and /or its licensors. i3 and/or its licensors reserves title and all rights and interests in and to the Information not expressly granted to you in Section 1 (Scope of Use), including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses under this Agreement, and all rights not expressly granted are reserved by i3. 4. DISCLAIMER OF WARRANTY: ALL INFORMATION IS PROVIDED TO YOU "AS IS," AND YOU AGREE TO USE IT AT YOUR OWN RISK. i3 AND ITS LICENSORS (AND THEIR LICENSORS AND SUPPLIERS) MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE INFORMATION, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, CONTENT, QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, USEFULNESS, USE OR RESULTS TO BE OBTAINED FROM INFORMATION, OR THAT THE INFORMATION WILL BE ERROR-FREE. Some states, territories and countries may not allow certain warranty exclusions, so to that extent, the above exclusion may not apply to you. 5. LIMITATION OF LIABILITY: i3 AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF OR THE CAUSE OF THE CLAIM, DEMAND OR ACTION, FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF i3 OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUMULATIVE AND AGGREGATE LIABILITY OF i3 AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE U.S. HUNDRED DOLLARS (US$500). Some states, territories and countries do not allow certain liability exclusions or damages limitations, so to that extent, the above may not apply to you. 6. EXPORT CONTROL: You agree and acknowledge that the Information is subject to U.S. export control law, and you will comply with all applicable laws and regulations in your use of the Information under this Agreement, including without limitation all export laws and regulations of the U.S. government. Without limiting the foregoing, you expressly agree not to export or re-export the Information in violation of such laws or regulations, or without all required licenses and authorizations. 7. U.S. GOVERNMENT END USERS: The Information is licensed to the U. S. Government with the “commercial rights” set forth herein. |
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