Terms and conditions of purchase
Important: Please read these terms and conditions carefully before ordering "Yamaha Toolbox" services and items offered on this website.Last updated and effective as of 14. 06. 2016
I. Scope
1.1. These are purchase and usage terms and conditions applicable to the purchase and usage of any product (hereinafter referred to as the “Terms and Conditions”) purchased from NNG Software Developing and Commercial Llc., a company incorporated under Hungarian law (hereinafter referred to as “Site Operator”) on www.naviextras.com and its subdomains (hereinafter referred to as “Site”).
1.2. Approving and sending your order constitutes acceptance of the Terms and Conditions set forth hereinafter.
1.3. Personal data of the Customers are processed in accordance with our data protection policy that can be found on the Site or at the following link: HERE. The data protection policy is an integral part of the present Terms and Conditions.
II. Contact Data of the Site Operator
Name: NNG Software Developing and Commercial Ltd.
Registered Office: 35-37 Szépvölgyi út, H-1037 Budapest, Hungary
Postal address and primary place of business activity: 35-37 Szépvölgyi út, H-1037 Budapest, Hungary
Entered into the Trade Registry held by the Metropolitan Court as Court of Registration under the registration number: 01-09-891838
Tax number, EU VAT ID: 13357845-2-44, HU13357845
Phone: [+36 1 872 0000.]
Fax: [+36 1 872 0100.]
III. Definitions
Activation: means purchase of an Activation code, which enables the user of activating Contents, software, Updates, Services on his/her Device.
Activation code: means an alphanumeric code, provided by the Site Operator to Customer, which enables performing Activation. The Activation code is only valid for Activation on the same Device, which provided the Request code.
Business Day: means a day other than a Saturday, Sunday or other day on which banks are authorized or required by law to close in Hungary and/or, in case of physical shipment, in the country where shipment is to be made and/or, in case of payment of moneys, in the country where the bank of the obligee is situated.
Compatibility: means that Products are able to properly function (install, run, display) on your Device and interoperate with the Software. Site Operator performs reasonable efforts to provide Customer with all necessary information regarding Compatibility when offering the Product. Additional Compatibility requirements may also be displayed for each Product on detailed Product description pages, accessible via “Read more” links.
Consumer: a natural person that is acting for purposes outside his trade, profession or business activity.
Content: means (but not limited to) maps, points of interest, 3D content, voices, language files and other navigation related data or information that can be uploaded and used on your Device with your Software.
Customer: means any registered user who sends a purchase order for software, Updates, Content, Services or Activation code on the Site. The Customer is referred in these Terms and Conditions as „Customer” or „You”.
Customer Support: means a service provided by the Site Operator or its subcontractor to Customers via web interfaces.
Device: means navigation capable devices, such as personal navigation devices (also called as PND or PNA), smartphones / Personal Digital Assistants (also called as PDAs), including SD cards and other storage media (if Software or Content is stored on them), navigation-capable mobile phones, car navigation systems, navigation-capable PCs, notebooks and tablet PCs, navigation-capable personal media players (PMPs).
Electronic Download: means that Products are delivered to the Customer by making a download link available to the Customer.
Guest user: non-identified (not logged in) user or viewer of the Site.
Prepaid code: means an alphanumeric code that can be redeemed for specific Products. Codes may be made available on plastic cards (prepaid cards) or electronically by the Device manufacturer or reseller. Prices may differ based on the offered Products.
Product: means software, Updates, Contents, Services and Activation code as may be offered from time to time on the Site.
Request code: means an alphanumeric code used during an Activation process. Request code identifies the Product-, and the actual Device on which that Product is to be activated. It is shown on the screen of the Device, which has to be typed in by the Customer in order to receive an Activation code.
Right: the right of the Customer to download the files pertaining to the Product and getting a license to use the Product in the event that the delivery performed by the Site Operator is done electronically.
Services: mean location based services that require some form of connectivity (data access via SIM card or Bluetooth, wireless internet access, TMC receiver, etc) on your Device.
Software: means the navigation software running on your Device.
Site: means the web portal accessible on the internet address www.naviextras.com and on any of its subdomains.
Site Operator: means the business organization defined in Chapter II. of these Terms and Conditions.
Toolbox: means a software application (developed and licensed by Site Operator), which – depending on the Toolbox version – may be used to browse available Product offerings, purchase, download and re-download purchased Products, or receive and download free Products from our servers and upload them to the Device.
Updates: mean software updates provided by your Device manufacturer or the Software developer, which add additional features or fix known software problems.
User: registered or Guest user or any person viewing the Site.
Voucher code: means an alphanumeric code which provides certain degrees of discount for specific Products. Codes may be provided at the time and manner advertised by the Site Operator or may be granted by Customer Support (within Customer Support’s sole discretion). Voucher code may also be granted by Device manufacturers or third parties authorized by Site Operator. Voucher codes may have a validity period defined by the Site Operator. Valid Voucher code redemptions are handled during the purchase process, in the “Cart” section, and the discount is reflected in the total payable amount. The degree of discount and the time of validity might be different for each code.
IV. General conditions
4.1. A variety of Products may be acquired on the Site for different Devices, such as software, software Updates, updates of the Content installed on your Device or extra Content, Services and Activation codes. Products available for your specific Device and their description are displayed on the Site.
4.2. Certain Site or Toolbox versions may require creation of a User account. In such cases, only Users who have previously created a User account on the Site and are logged in may acquire Products.
4.3. In order to create a User account, it is required to complete the registration process by providing the Site Operator with current, complete and accurate information as prompted by the applicable registration form. The User is responsible for any damages originated from false or faulty submissions. Site Operator is entitled to delete the false or faulty registrations, and in case of any doubt it is entitled to check the authenticity of the User, in accordance with and as allowed by the applicable legal provisions.
4.4. The terms and conditions related to the opening of the User account are regulated by the Terms of Use of the Site.
4.5. By verifying and sending an electronic order via the online shop of the Site or through the Toolbox application, You – as a Customer – send an offer to Site Operator to buy the Product(s) listed in your order, such offer being subject to acceptance by Site Operator.
The Customer accepts these Terms and Conditions and sends its order after verifying and approving the order data. Thereafter the Customer may proceed to perform payment.
Site Operator will send you an e-mail confirming receipt of your order and containing the details of your order, which shall be regarded as acceptance of your offer by Site Operator. Only upon such acceptance is the agreement concluded (hereinafter: “Agreement”). Your order is irrevocable, but in the event your order is not confirmed at the latest within 48 hours after you sent the order, you are not bound to your offer anymore.
Site Operator reserves the right to reject any order. Parties hereby exclude the applicability of any trade or commercial practices to their relationship, including but not limited to any such practice agreed or adopted previously by the Parties or any other practice widely known and applied regularly in relation to contracts of similar subject.
4.6. The Terms and Conditions in force at the time You consented to them will be applicable to your order and shall form part of the Agreement concluded between You and the Site Operator. Before your next order, the Site Operator may have updated the Terms and Conditions without notice to You. Please be sure to review the current Terms and Conditions each time you visit the Site. We recommend that you save or print a copy of the Terms and Conditions for your future reference and use in connection with your order.
4.7. The Agreement does not qualify as an agreement concluded in written form. Parties exclude the possibility for either party to put unilaterally the terms of the Agreement in a written form after the conclusion of the Agreement and amending and/or supplementing the Agreement with any further terms even if not qualifying material terms. A copy of the order accepted by the Customer by sending the order and proceeding for payment is archived to the actual order or transaction. Customer can recover it on the transaction history page of the Site.
4.8. The Site Operator is not subject to any code of conduct, code of practice or to any code agreed by self-governing bodies or non-governmental organizations.
V. Product Purchases
5.1. Any Product that is made available for download on the Site or through the Toolbox and any Content that can be activated by using an Activation code is the copyrighted work or other intellectual property of Site Operator and/or its suppliers and Site Operator and/or its suppliers reserve all such rights not explicitly granted in these Terms and Conditions.
5.2. When you acquire a Product, you are actually acquiring a license to use the relevant software, Update or Content or a right to use the Services rather than acquiring the relevant Product itself. Update, Content, software licenses and the provision of Services acquired at the Site are subject to the end user license terms as specified in Chapter XIV. of these Terms and Conditions.
5.3. On the Site the Content available for your Device may be provided
(i) as a single package, which enables You to download electronically the latest Content on Your Device;
(ii) on a subscription basis, which means that You have the possibility to download electronically all the released updates during the period of the subscription and install them on Your Device, however, the number of updates released during the update subscription period and their frequency are not guaranteed. Also, it is not guaranteed that each content of a certain package will be updated in all releases.
(iii) in a so-called “Rent a Map” system, which means that You have the right to download electronically the Content and use the Content for the period of the rent as further specified in Chapter XVI.;
(iv) on a physical data carrier such as SD or SDHC card, USB drive, DVD etc. delivered to You by physical shipment.
Please note that not all options are available for every Content provided for Your Device. The options available for your Device are shown after You have chosen your Device and the relevant Product on the Site or within the Toolbox application.
5.4. Services are provided on a subscription basis, meaning that you have the right to use such Services for the period defined in the relevant Service description.
5.5. Special terms and conditions applicable to the Products provided on a subscription basis are included in Chapter XV. of these Terms and Conditions. The Agreement for the subscription based Products is concluded for the time period appearing at the relevant Product description or in the absence of such defined period, as long as the Device is operational, unless the Agreement is terminated.
VI. Purchase process
6.1. Site Operator is responsible only for fulfilment of those orders, which were placed on the Site or via Yamaha Toolbox. No postal or phone orders or orders placed through any other means are accepted.
6.2. Downloading Toolbox may be necessary for completing the purchasing process commenced on the Site. Toolbox can be downloaded free of charge from the link indicated on the Site after adding the Product to the cart on the Site. If the Customer has already downloaded Toolbox, the purchase process may be initiated by starting up the Toolbox application.
6.3. Certain Site or Toolbox versions may require that the Customer shall be logged in by using its username and password acquired during the User registration process in order to start the purchasing process.
6.4. You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Site through Toolbox. You agree to promptly update your account and other information, so that we can complete your transactions and contact You as needed in connection with your transactions.
6.5. The delivery of Site Operator is made electronically or by physical shipment as described in the description of the purchase process from Chapter XVII to Chapter XIX. The risk of loss or damage to the Products will pass to You at the moment the Products are delivered to your shipping address or possession.
6.6. Different purchase and delivery process shall apply to the below purchases:
6.6.1. Purchase of the latest version of the Products in the web shop or via Yamaha Toolbox and electronic delivery or physical shipment (the relevant provisions are included in Chapter XVII);
6.6.2. Purchase of an Activation code (the relevant provisions are included in Chapter XVIII) and delivery of the Activation code;
6.6.3. Downloading a Content using a Prepaid code (the relevant provisions are included in Chapter XIX).
6.7. In the event of delivery of any Product that is provided as digital data content and is performed electronically, You agree that we may begin to start the performance of the Agreement and provide you with the downloadable Product and provide you with the Activation code immediately on purchase. You acknowledge that by giving your present prior express consent for Site Operator to start the performance, immediately after starting the performance by the Site Operator, You lose your right of withdrawal / termination regulated in Chapter XI.
6.8. In case of any Product falling outside the scope of Section 6.7. by submitting your Order You agree that we may begin to start the performance of the Agreement and provide you with the ordered Product prior to the expiry of the termination period applicable for consumers’ termination right regulated by and according to subsection 1 of Section 20 of 45/2014 (II. 26.) Governmental Decree. In this case, if the Site Operator has begun to start the performance, you will be entitled to exercise a termination right regulated in 11.10. of Chapter XI.
VII. Price and payment
7.1. Price for purchase transactions on the Site are specified in EUR or USD. The price of the Products in the catalogue may be shown in other currencies as well, according to Customer’s geographic location, however, such prices are only indicative prices that serve only information purposes, and may not be accurate at the time of the order, so the Customer is highly advised to check the amount equivalent to the price of the Product in its own currency.
7.2. Product prices are subject to change at any time and without notice, but You will always be charged the price which is displayed at the time you confirm your order.
7.3. For registered and logged in Customers from the European Union, all prices shown on the Site include VAT, except for the Customers from the European Union using a valid EU VAT ID number, who registered as a corporate Customer (hereinafter: “Corporate Customer”) and the Site Operator confirmed and approved their Corporate Customer status as set forth in Section 7.5. hereof. For all Customers (Private and Corporate Customers) outside of the EU, all prices shown on the Site automatically exclude V.A.T.
7.4. Private person Customers from the European Union are obliged to pay the VAT percentage applicable at the time of confirmation of its order according to the laws and regulations of its domicile. Under penalty of perjury You shall declare your right domicile address in the course of registration. This regulation is in accordance with the relevant EU VAT rules.
7.5. A Corporate Customer from the European Union using a valid EU VAT id number who wishes to purchase Products exempt of VAT, has the possibility to register as Corporate Customer by filling in the necessary data requested on the Site. Please note that the Site Operator needs to review and verify the company information before confirming the Corporate Customer status. Before the confirmation of Site Operator is received, Customers can only make purchases with VAT paid.
7.6. If You modify any of your data provided at registration as a Corporate Customer, the approval process restarts and the approved Corporate Customer status is suspended until the Site Operator verifies and approves the new data provided. At the end of the verification process the Site Operator may either confirm or revoke your Corporate Customer status. In the period of suspension of the Corporate Customer status, You can only make purchases with VAT paid.
7.7. In case of Corporate Customers, Site Operator may check EU VAT id validity at any time, and might modify the invoice name to the name stored in the relevant national VAT database.
7.8. Prices shown on the Site exclude delivery costs. In the event of ordering physical Products, delivery costs will be added to the amount of the purchase and shown on the check-out page. Customer will have an opportunity to review all of the delivery costs that apply to the purchase before Customer confirms the purchase.
7.9. All orders must be paid for through the payment methods made available by Site Operator, which may be payment by a payment page of a third party payment provider by using your bank card data as detailed in Chapter XVII You will receive a confirmation of your payment after it is processed.
7.10. Products purchased may be subject to import duties or other taxes. Any additional charges for customs clearance must be borne by You; we have no control over these charges. Customs policies vary widely from country to country, so You should contact your local customs office for further information. Customer agrees to comply with all applicable international and national laws and regulations in relation to such Products and pay all customs fees, taxes or other government fees to the relevant authorities.
VIII. Compatibility
8.1. In certain Site and Toolbox versions automatic Device registration with Yamaha Toolbox software application before proceeding with the purchase is mandatory. In such cases Device compatibility is checked by the Yamaha Toolbox. It may happen that the manufacturer, distributor or any third party made modifications to the original certified model, including license misuse and piracy, which could make your Device incompatible. Such incompatibility may only be identified by using Yamaha Toolbox software application for Device registration.
8.2. Device model is only supported if the Site Operator makes such support available. You should use original equipment with factory-installed software to prevent any incompatibility or restriction in support.
8.3. In order to ensure that a Product is purchased for a Compatible Device, in some cases a manual Device registration is mandatory if no Device was registered at prior date either manually or automatically with Yamaha Toolbox for the actual user account. In case of improper or false manual Device registration done by the Customer, non-genuine or modified device models, Site Operator does not warrant any compatibility of the Products with the User’s Device.
8.4. Please note, that in case of certain Content and Services, additional technical requirements (e.g. external TMC receiver, mobile internet capabilities, etc.) may apply, which are described in the detailed description of the referred Products.
8.5. For each Product there is a requirement for a minimum free storage space in the detailed description of the referred Product. The availability of the free space is out of the responsibility of the Site Operator.
8.6. The description of certain Products may contain a requirement that certain version of other Product(s) has to be installed on the Device for proper operation of the referred content. It might happen that different versions of Products are available for different Devices due to technical compatibility issues. If Device registration with Yamaha Toolbox software application is needed, You must check with Yamaha Toolbox which is the latest released version of that Product for your Device.
8.7. If Device registration with Yamaha Toolbox software application is needed, other minimum technical requirements apply for your personal computer with Internet connection (Broadband internet connection) where Yamaha Toolbox software application can be installed.
8.8. Compliance with the requirements included in this Chapter VIII must be checked by User before placing the order. If any of the indicated compatibility or device requirements are not met, Site Operator will not be responsible, and the Customer shall bear any costs and/or damages arising from ordering the non-compatible Product or Service.
IX. Responsibility and Liability of the Parties
9.1. In order to perform its commercial activities, Site Operator cooperates with third party partners (such as suppliers of Content or Service information, hosting and Internet connection providers, etc.), therefore the fulfilment of this Agreement may be affected by the fulfilment by such partners as well.
9.2. If the Customer fails to receive the Right or the Activation Code within 1 Business Day after making the payment, or the Customer does not receive a valid license key for the purchased Product or the Activation Code does not perform Activation of Contents, software, Updates, Services on the Device, such failure should be reported by Customer to Customer Support via the Support web page of Site.
9.3. If Site Operator fails to inform the Customer about the invoices issued about the ordered and paid Products within 1 Business Day after sending the order, the Customer should notify Customer Support of the Site Operator via the Support web page of Site.
9.4. The Customer shall take all necessary precautions before installing any Product, and follow the instructions on Product download, licensing and installation process described in Section XVII/6 of these Terms and Conditions. The Site Operator shall not be liable for any loss of data or damage in other software stored on the Device of the Customer arising from installing the Product.
X. Withdrawal (rescission) from the Agreement
10.1. The Customer is entitled to withdraw from (rescind) the Agreement and request a refund:
a) if the Site Operator fails to provide a download Right for the Customer for the purchased items or does not provide the Customer with the Activation Code within 5 Working Days from the date of payment,
b) if the Site Operator fails to deliver the physical Products to Consumer within 30 days from the date of payment,
c) if the ordered and paid Product is not compatible with the Customer’s Device provided that the Customer has verified the compliance of the Device and the Product as described in Chapter VIII.
10.2. Customer should use the “Contact us” form at Naviextras.com Support page to notify the Site Operator of the withdrawal and to ask for a refund. If the above listed conditions of refund are met, the Site Operator will confirm the withdrawal via e-mail and shall make the refund within 15 Business Days.
10.3. In the event specified in indent c) of Section 10.1, if the Product is a physical product, we may withhold refund until we have received the Product back. The Product returned is subject to inspection by Site Operator. You shall send back the Product, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the Agreement to Site Operator.
10.4. The Site Operator is entitled to withdraw from the Agreement at any time if the Customer fails to fulfill the payment within 5 Business Days from the date of sending the order to the Site Operator. This shall be applied also to the event when online payment fails for any reason (especially, but not exclusively for the following reasons: interruption initiated by the user, lack of funds, or for any other reasons when the bank refuses the online payment transaction, or a technical error occurs). In the event that Customer does not fulfill its payment obligation at the latest within 20 Business Days from the conclusion of the Agreement, the order of Customer is cancelled and therefore, the Agreement is automatically terminated without any further notice to Customer.
10.5. Withdrawal (rescission) renders the Agreement terminate with retroactive effect to the date of becoming effective.
XI. Return Policy
11.1. Our return policy is set out below, which shall be applied only if You are a Consumer. The return policy is provided in addition to any statutory return rights that You may have under law or any return to be made in the event of breach of contract regulated in these Terms and Conditions.
11.2. You have the right to withdraw from the Agreement within 14 days without giving any reason, subject to the limitations set forth in this Chapter XI.
11.3. The withdrawal period will expire:
(i) after 14 days from the day of the conclusion of the Agreement in case of Updates, Content and Services provided by Electronic Download and the provision of an Activation Code; and
(ii) after 14 days from the delivery of the Content in case of physical delivery.
11.4. The withdrawal right cannot be exercised in the following events:
1. After the starting of the performance by Site Operator in case of Updates, Content and Services delivered by Electronic Download and after delivery of the Activation Code, with regard to the fact that performance is started before the expiry of the notice period for withdrawal with your prior express consent.
2. In case of Content delivered by physical shipment that requires a downloading, installation and/or activation process to be performed, after such process of the delivered Content is started, given that as a result of the process the Content is irreversibly uploaded to the Device.
3. After the starting of the performance by Site Operator in cases specified in Section 6.7. in Chapter VI.
11.5. To exercise the right of withdrawal, You shall inform us of your decision to withdraw from the Agreement by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the withdrawal form attached hereto as Appendix 1, but You may use your own text as well.
11.6. You may also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our Site by using the “Contact us” form at Naviextras.com Support page. If you use this option, we will communicate to You an acknowledgement of receipt of such a withdrawal by e-mail without delay.
11.7. To meet the withdrawal deadline, it is sufficient for You to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
11.8. If you withdraw from this Agreement, we shall reimburse to You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Agreement. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
11.9. In the event of Content delivered to You on a data carrier by physical shipment (hereinafter: „Goods”), the following additional provisions shall be applied:
(a) we may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
(b) You shall send back the Goods, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the Agreement to us. The deadline is met if You send back the Goods before the period of 14 days has expired. You will have to bear the direct cost of returning the Goods.
(c) You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
(d) As a condition of return, and to the extent permitted by law, the following requirements apply: all Products must be returned with reasonable care having been taken (such as must not show wear or damage, and must be in a condition that permits us to resell them).
(e) All returns should be accompanied by the original receipt, the original documentation, instruction manuals and packaging. Subject to applicable law, failure to include such items may prevent or delay your refund or exchange or result in additional fees and Site Operator reserves the right to deny any return or exchange if it fails to meet our return criteria.
11.10. You have the right to terminate the Agreement without giving any reason, if You are a Consumer to Products specified in Section 6.8. of Chapter VI. The termination right shall be exercised within 14 days after the conclusion of the Agreement in case of Services and within 14 days after the delivery of the Product.
XII. Warranty for Defects, Product Liability and Guarantee
12.1. If You are a Consumer, please be informed that based on the applicable law the terms set forth in Appendix 2 of these Terms and Conditions shall be applied to your purchase concerning warranty for defects, product liability and guarantee.
12.2. In the event that You intend to exercise your warranty, guarantee or product warranty rights, please notify Customer Support via the Support web page of Site.
XIII. Limitation of Liability
13.1. The terms of this Chapter apply to the maximum extent permitted by mandatory applicable law. This Chapter is not intended and does not operate to limit our liability to the extent we may be liable to You under law or pursuant to any statutory rights which apply to You.
13.2. The Site Owner hereby informs the Customer that although the greatest care was taken in producing the Product, given the nature of the Product and its technical limitations, the Site Owner and its suppliers do not provide a warranty for the Product being completely error-free, and they are not bound by any obligation whereby the Product obtained by the Customer should be completely error-free.
13.3. THE PRODUCT IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” (INCLUDING NO WARRANTY FOR THE CORRECTION OF FAULTS) AND SITE OWNER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY SITE OWNER OR ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES SHALL CREATE A WARRANTY, AND CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.
13.4. The Site Owner does not assume any responsibility for damages incurred due to the Product not being applicable for any defined purpose, or due to the error or incompatibility of the Product with any other system, device or product.
13.5. NEITHER SITE OWNER NOR ITS SUPPLIERS SHALL BE LIABLE TO USER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THE AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.6. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES FROM SITE OWNER OR ANY OF ITS SUPPLIERS, YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID FOR THE PRODUCT (OR UP TO 10 USD IF THE AMOUNT IS NOT CALCULABLE OR IF YOU ACQUIRED THE PRODUCT FOR NO CHARGE). THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT APPLY EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE PRODUCT DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR IF THE SITE OWNER OR ITS SUPPLIERS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.
13.7. Products provided by third parties. The Site Owner hereby excludes any liability of its own for the Products or information obtained through the Products. The Site Owner does not warrant the quality, suitability, accuracy, fitness for a specific purpose or territorial coverage or availability of the Product or information. The Site Owner specifically excludes any and all liability for the suspension or cancellation of a Service by a third party provider, and any damage arising due to cancellation of a Service. Customer acknowledges that the mapping data in Products may contain geographical data and other data.
XIV. Product License Terms
14.1. If You acquired the Product under the Agreement based on these Terms and Conditions, the order of precedence of licensing terms applicable to such Product is as follows:
(i) any special license terms that may have been supplied with the Product by Site Operator – which shall prevail in case of conflicting provisions of the terms referred to in subsection (ii) and (iii) hereunder; and
(ii) the end user license agreement pertaining to the navigation software, content and service already in effect and supplied with the Device – which shall prevail in case of conflicting provisions of the terms referred to in subsection (iii) hereunder; and
(iii) the license terms set out in the standard end user license agreement of Site Operator attached as Appendix 3 (“EULA”). The terms “Licensor” and “Software Owner” in the EULA shall equally be interpreted as defining Site Operator itself. The EULA is attached as Appendix 3 hereto.
14.2. In the event of any conflict between the main text of these Terms and Conditions and the provisions applicable in accordance with Section 14.1, in the contractual relationship between Site Operator and Customer the provisions of the main text of these Terms and Conditions shall apply.
XV. Special Conditions Applicable to Certain Services
15.1. Subscription for Real Time Services
15.1.1. Some Products offer a so called Real Time Service for a subscription fee. In case the Customer subscribes for a Real Time Service for a certain period, it provides the Customer the possibility to access a third party service at any time during the period and to get information. The Site Operator does not warrant the quality or availability of the Service and is not liable in case of the interruption or discontinuance of the Service.
15.1.2. Compatibility of the Device must be checked by Customer before proceeding to Checkout and Payment in accordance with the provisions included in Chapter VIII.
15.2. Free map updates for maps purchased online and other update services
15.2.1. Some map updates may offer additional free updates for a pre-defined period counting from the date of purchase. In such cases, a one-time update is purchased and delivered according to Section XVII/6 A., while the additional free map updates are provided via Yamaha Toolbox PC-tool ‘as is’, if and when new version of the related maps are released during the pre-defined period. The Site Operator does not guarantee neither the frequency nor the minimal number of such additional free updates during the pre-defined period. The Site Operator retains the right to cancel or change the availability of the free updates without prior notice.
15.3. In case of subscription services the price to be paid for the service contains all costs for the entire period of the subscription.
XVI. Special Conditions For Map Products with Time-limited License
16.1. Some map updates are licensed for a limited period of time, that is, with time-limited usage rights which are referred to on the Site as “Rent a Map”. Such Products provide the same map versions as other map updates but contain a time-limited usage right only which is indicated in the Product description (e.g. 1 month) (“License Term”).
16.2. Such time-limited usage starts at the date and time of purchase, and the license file expires automatically after the expiry of the License Term. After the expiry of the License Term the Software will not display the map any more.
XVII. Purchase Process For Downloadable Products and Physical Products
1. Add to cart
To order any Product, Customer first adds the desired items to his/her cart.
2. Checkout Process
Having all selected Products in cart, Customer opens the cart screen and checks the detailed list of all Products added to the cart. Customer can remove any Product from his/her cart on that screen.
If Customer has a voucher code, the Customer selects "I HAVE A CODE" option, enters Voucher Code and presses “REDEEM” button. The Site verifies the validity of the code and updates the price in the cart showing the original price, discounted price and the discount.
After pressing the “Checkout” button, additional available options (like subscription options) and bundles of the Products might appear to all items of the cart. Customer can choose to add additional items to the cart, or decide to continue the Checkout process without making any change to the cart. On this screen you may have the option to choose the delivery of the Product on a data carrier. However, in the event You choose this option, You will not have the possibility to order any Product delivered electronically in the same order, so if You intend to order any other Product to be delivered electronically, then You will have to initiate a new ordering process.
3. Entering invoice data and shipping address, if applicable
On the invoice data screen Customer should enter a name and address which he/she wants to be displayed on the electronic invoice and in case of physical delivery, the shipping address where the Customer requests to have the Product delivered. After the order has been verified and sent in Step 4 this data cannot be changed.
4. Verifying and sending the order
This screen summarizes all important data of the order for final verification and approval including invoicing data, Product(s) to be ordered, amount to be paid and shipping data, if applicable. This is the last screen to modify anything in the order: to go back and edit items or amend invoice or shipping data. By accepting the above referred data and proceeding for payment the order is approved by Customer. The Site Operator confirms the receipt of the order without delay by sending an e-mail to the e-mail address of Customer.
5. Payment & Invoicing
The payment of the ordered Products takes place after sending the order. Site Operator organizes the payment via the internet with the participation of several third party payment processors. After initiating the payment procedure, You will be redirected to the site of the third party payment processor (Payment page). By initiating the payment procedure You agree to pay to the Site Operator, through the third party payment processor, the prices then in effect. The processing of payments will be subject to the terms, conditions and privacy policies of the third party payment processor in addition to these Terms and Conditions. Site Operator shall not be responsible for any error by or occurring at the third party payment processor. Customer shall provide bank card data needed for payment through the Payment page that is operated by the third party payment processor. The Site Operator does not receive, have access to, store, process or handle bank card data or cardholder data and will be informed only about the successful or unsuccessful payment by the financial institution arranging the transaction.
On the basis of the approved financial fulfilment and the invoicing data given by the Customer, Site Operator will issue an electronic invoice about which the Customer will be informed on the Site and/or via e-mail by a confirmation message. The authorized electronic invoice by timestamp and its localized language print view in pdf format can be seen and can be downloaded from the update history of the user account.
Payment is considered to be fulfilled if the amount is irrevocably credited to the bank account of the Site Operator.
6. Delivery
A. Delivery through Electronic Download
As soon as payment is successfully done the Right gets added to the Customer’s user profile on the Site, if delivery from Site Operator is done in electronic way.
Site Operator hereby undertakes that after the payment is fulfilled it will make the Right available for download not later than within 1 working day at the Customer’s user profile. Making the Right available for download shall be considered commencement of the fulfilment of the Agreement.
Customer is entitled to use his/her Right to download the files and get a license within 6 weeks after purchasing the Right. When downloading the license the latest version of that Product is provided by the Site.
If Toolbox is to be used for the purchase process, Customer can check and use his/her Rights with Site Operator’s free software application called Yamaha Toolbox, which can be downloaded from the Site.
If Toolbox is to be used for the purchase process, the installation process is the following:
1. Customer starts the Yamaha Toolbox PC-tool,
2. Customer should connect his/her Device to the PC, then
3. Log in in Yamaha Toolbox with the same username and password that Customer uses on the Site.
4. After a successful log-in, Customer should download the necessary files of the purchased Products from the Site with Yamaha Toolbox, then
5. Start the installation to automatically request a license for the Products purchased and upload them to the Device.
When Customer starts installation of purchased Products with Yamaha Toolbox, the Site issues the necessary license keys for the Device. Product can be used on one Device only and licenses and Products cannot be moved or copied to another Device once licenses are issued.
B. Physical Delivery
Delivery of the Products is made by courier mail to the shipping address indicated on the order at the latest within 30 days from the payment of the Products by Customer. A direct link to track the order will be provided so that Consumer can track the order he placed.
If you refuse or neglect to take delivery of the Products, Site Operator reserves the right to charge you for the reasonable cost of storing the Products until delivery can be made.
XVIII. Purchase Process For Activation
The process for purchasing an Activation code is the following:
1. Choosing the Product to be activated, adding it to the cart
First the Customer chooses the Product on the screen of his Device which he/she wishes to activate. The Device screen shows a Request Code which has to be typed in into the Activation screen of the Site.
The Site verifies the validity of the Request Code and shows the name and description of the related Product. Logged in Users can add that Product to the cart by clicking the “Activate” link.
2. Checkout Process
3. Entering invoice data
4. Verifying and sending the order
5. Payment & invoicing
Steps 2-5 are identical with the equivalent steps for purchasing Downloadable Products and Physical Products as described in Chapter XVII.
6. Delivery
As soon as payment is successfully done, an Activation code is shown on the Site and it is also added to the transaction history for later recovery. Providing this Activation code is the electronic delivery from Site Operator’s side, there is no physical or other shipment for Product Activation.
Customer should enter this code to the Activation code screen of his/her Device which activates (enables the use of) the Product. The Activation code can be used only on the same Device which has shown the Request code in Step 1.
In the event of activating a pre-installed Product of the Device, the Activation code is only used to activate the Product pre-installed by the manufacturer of the Device, it does NOT provide a right to download the latest version of the same Product via the internet with Yamaha Toolbox.
XIX. Purchase Process with Prepaid Code
Some Devices are shipped with Prepaid code in order to get freely downloadable Product onto the Device. In case of such Devices Customer can decide to select a Product for his/her Device.
1. Entering the Prepaid code
First the Customer enters the Prepaid code into the Activation screen of the Site. The Site verifies the validity of the code and shows the name and the description of the available Product.
2. Choosing the Product, adding it to the cart
3. Checkout Process
4. Entering invoice data
5. Verifying and sending the order
6. Payment & invoicing
7. Delivery
Steps 3-7 are identical with the equivalent steps for purchasing Downloadable Products and Physical Products as described in Chapter XVII.
XX. Customer Support
20.1. Customers may request customer support for their Product purchases made on the Site. Customer Support is provided for Customers via web interfaces.
20.2. Please visit our Support page for more information about Customer Service options. The Site provides You with answers to some frequently asked questions.
20.3. Should You have any complaint concerning your order or your purchase, please contact Customer Support via the Support web page of the Site or You can send us your complaint to the postal address of Site Operator set forth in Chapter II. addressed to Customer Support will examine your complaint and revert to You within at the latest within 30 days. If your complaint is rejected, Site Operator shall give the reason of the rejection.
20.4. In the event that the legal dispute with a Consumer is not resolved through amicable negotiations, the Consumer has the following possibilities:
- making a complaint at the Consumer Protection Authority;
- initiation of the procedure of the competent alternative dispute resolution body:
Arbitration Board of Budapest
Address: 1016 Budapest, Krisztina krt. 99. 3rd floor 310.
Postal address: 1253 Budapest, Pf.: 10.
Telephone: 06-1-488-2131
Facsimile: 06-1-488-2186
E-mail: bekelteto.testulet@bkik.hu
Website: http://bekeltet.hu/
- initiation of a lawsuit.
20.5. Consumers living within the EU may submit their legal claims to the online dispute resolution platform operated and provided by the European Commission which can be accessed via https://ec.europa.eu/consumers/odr/ in order to reach an out of court settlement.
XXI. Miscellaneous
21.1. This Agreement will be governed by the laws of Hungary.
21.2. The courts of Hungary shall have jurisdiction over all disputes related to the Agreement.
21.3. If the Customer is a Consumer, the above choice of law and choice of venue shall not, have the result of depriving the Consumer of the protection afforded to him/her by provisions (including any provision regulating the court having jurisdiction) that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
21.4. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to the Agreement.
21.5. This Agreement is prepared originally in English language version. There may be other language versions as well. In case of any discrepancy between the English language version and any other language version the English language version shall prevail.
Appendix 1
Model withdrawal/termination form
— To NNG Software Developing and Commercial Ltd., 35-37 Szépvölgyi út, H-1037 Budapest, Hungary:
— I/We* hereby give notice that I/We* withdraw from / terminate my/our* contract of sale of the following goods */for the provision of the following service*,
— Ordered on*/received on*,
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
* Delete as appropriate
Appendix 2
Information Document for Consumers on Warranty for Defects, Product Liability, and Guarantee
1. Warranty for Defects
In which cases shall You be entitled to make a warranty claim?
In the case of non-conformity by Site Operator, You shall be entitled to make a warranty claim against Site Operator, pursuant to the provisions of the Hungarian Civil Code.
What are the rights You shall enjoy according to your warranty claim?
You shall be entitled to make a warranty claim by selecting an option below:
You may choose either repair or replacement unless this is impossible, or it results in disproportionate expenses on the part of Site Operator as compared to the alternative remedy. If You did not select or were unable to select either repair or replacement, You may require an appropriate reduction of the price, or, in the last resort, have the contract rescinded.
You shall be entitled to switch from the remedy You have selected to an alternative remedy. In this case, the costs of Site Operator incurred thereby shall be reimbursed unless it was made necessary by the Site Operator's conduct or for other justified reasons.
For how long shall You be entitled to make a warranty claim?
You shall be required to inform the Site Operator of any lack of conformity within the shortest time permitted by the prevailing circumstances, but no later than within a two-month period that commences upon the discovery of the defect. Please also note that You shall be entitled to exercise your warranty rights in a maximum two-year period of limitation that commences upon delivery of the goods or services.
Against whom shall You be entitled to make a warranty claim?
You shall be entitled to make a warranty claim against Site Operator.
What other conditions do apply?
To make a warranty claim within six months after delivery, no other conditions apply in addition to the obligation of informing the enterprise about the defect, provided that You can prove that the product was sold or the service was provided by Site Operator. Following the six-month period of limitation that commences upon delivery of the goods or services, You shall carry the burden of proof and shall prove that the discovered defect already existed at the time of delivery.
2. Product Liability
In which cases shall You be entitled to make a product liability claim?
In the event of a defective movable (product) You may choose to enforce your rights specified in point 1, or make a product liability claim.
What are the rights You shall enjoy according to your product liability claim?
Under a product liability claim, You shall only be entitled to choose either repair or replacement of the defective product.
In which case shall the product be considered defective?
A product shall be considered defective if it lacked conformity with the prevailing rules and regulations on quality standards at the time the product was put into circulation, or it lacks conformity with the character or nature of the product specified in the documentation supplied by the manufacturer.
For how long shall You be entitled to make a product liability claim?
You shall be entitled to make a product liability claim within a two-year period that commences on the day the manufacturer puts the product into circulation. The omission of this time limit shall result in forfeiture of rights.
Against whom shall You be entitled to make a product liability claim, and what other conditions do apply?
You may exclusively make a product liability claim against the manufacturer or distributor of the movable. In the event You make a product liability claim, You shall carry the burden of proof and shall prove the defect discovered in the product.
In which case shall the manufacturer (distributor) be excused of product liability?
The manufacturer (distributor) shall only be excused of product liability if they can prove that
- the product was not manufactured or distributed by him in the course of his business; or
- the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered; or
- the defect is due to compliance of the product with mandatory regulations issued by the public authorities.
To be excused of liability, the manufacturer (distributor) shall prove one of the above statements.
Please note that You shall not be entitled to make a defects liability claim and a product liability claim for the same defect at the same time. However, if You have successfully enforced a product liability claim, You shall be entitled to make a defects liability claim for the repaired part or the replaced product against the manufacturer.
[In the event the enterprise is obliged to provide warranty under a relevant regulation or contract, point 3 below shall be inserted in the information document:]
3. Guarantee
In which cases shall You be entitled to enforce your guarantee rights?
In the case of non-conformity, Site Operator shall be obliged to provide guarantee in accordance with 151/2003 (XI. 22.) Government Decree on the mandatory guarantee concerning durable consumer goods for the physical data carrier on which the Products are delivered to You. For the avoidance of doubt, it is stated that this guarantee does not extend to the data or other content stored on the data carrier, only to the data carrier itself.
For how long shall You be entitled to exercise your warranty rights? What kind of rights shall You be granted?
The mandatory guarantee period is 1 year, which starts from the date of delivery of the Product to You. You are entitled to exercise the same rights as in case of warrantee as specified in point 1 above.
In which case shall the enterprise be excused of guarantee?
The enterprise shall only be excused of guarantee if it can prove that the cause of the defect emerged after the time of delivery.
Please note that You shall not be entitled to make a defects liability claim and a guarantee claim, or a product liability claim and a guarantee claim for the same defect at the same time. However, You shall be granted rights under the terms of guarantee, regardless of the rights specified in points 1 and 2.
Appendix 3
END USER LICENCE AGREEMENT
0. Definitions
The following terms shall have the meaning defined hereunder in this agreement when used with capital letters. The text of this agreement may also contain further defined terms.
„Agreement” means this End User License Agreement (EULA) containing the terms and conditions of use of the Software, Databases and Services by You as the end user.
„Database” or „Database Content” means geographically referenced data such as map data, points of interest (“POI”), 3D models, TMC location tables, phonemes, images, audio or video files and other data, as well as any data suitable for integration into the Software.
„Device” means the hardware equipment manufactured or distributed by Licensor on which the Navigation Product is installed.
„Software” means the turn-by-turn navigation software installed on the Device, including the core engine, other software modules and the graphical user interface, capable of processing and/or displaying the Databases and the Services. The term Software shall by definition include any modifications, updates, upgrades thereto.
„Service” means the provision of dynamically changing information that may be provided by-, displayed by- or transmitted through the Software, for example, but not limited to Traffic Message Channel (TMC) service, search, weather information and community based services. Services are usually transmitted online via the Internet, but may be conveyed via other means (e.g. via radio waves in case of „RDS TMC” service).
„Navigation Product” means the Software, the Databases and the Services together, as (i) distributed with the Device by the Licensor or (ii) otherwise installed on the Device.
1. The contracting parties
1.1. This Agreement has been entered into by and between You as the end user (hereinafter: „User”) and the business entity distributing/selling the Device together with the Navigation Product, under its own name and/or branding (hereinafter: „Licensor”). This Agreement sets out the conditions and limitations of use of the Navigation Product. The User and the Licensor are referred together as: „Parties”.
1.2. User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
2. Conclusion of the Agreement
2.1. This Agreement is concluded by implicit conduct of the Parties without signing the Agreement.
2.2. The User hereby acknowledges that following the lawful acquisition of the Navigation Product constituting the object of this Agreement, any of the following actions of use shall mean that the User has accepted the terms and conditions of this Agreement as legally binding: (i) any degree of use, installation onto a computer or other Device (mobile phone, multi-function device, personal navigation device, in-car navigation or multi-function head unit, etc.), (ii) pressing the “Accept” button displayed by the Navigation Product during installation or use. The time of conclusion of the present Agreement is the time of executing the first action of use (commencement of use).
2.3. This Agreement shall by no means authorize the usage of the Navigation Product by persons having unlawfully acquired the Navigation Product or having unlawfully installed it on a Device or in a vehicle.
2.4. U.S. Government Users. If you acquire the Navigation Product 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, you are on notice that the Navigation Product is a commercial item as that term is defined at 48 C.F.R (“FAR”) 2.101 and that all use of the Navigation Product is subject to this Agreement.
3. Applicable law and venue
3.1. This Agreement will be governed by the laws of the country where the Licensor has its statutory seat or in the absence of such incorporation where it has its central administration („country of residence”) without regard to such country’s choice of law provisions.
3.2. The courts of the country of residence specified in Section 3.1. above shall have jurisdiction over all disputes related to this Agreement.
3.3. If the User is a „consumer” (a natural person who purchased and uses the Navigation Product for purposes outside its business activities or which can be regarded as being outside his trade or profession), the above choice of law and choice of venue shall not, have the result of depriving the consumer of the protection afforded to him by provisions (including any provision regulating the court having jurisdiction) that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
3.4. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to this Agreement.
4. Object of the Agreement and Termination
4.1. The object of this Agreement shall be the Navigation Product as a whole and the components (the Software, the Databases and the Services) thereof. User acknowledges that all author’s rights (including the economic rights) vested in the Software are owned by NNG Software Developing and Commercial Ltd. (registered seat: 35-37 Szépvölgyi út, H-1037 Budapest, Hungary; company reg.no.: 01-09-891838, https://www.nng.com), herein referred to as: Software Owner.
4.2. Any form of display, storage, coding, including printed, electronic or graphic display, storage, source or object code, or any other as yet undefined form of display, storage, or coding, or any medium thereof shall be deemed parts of the Navigation Product.
4.3. Error corrections, updates or upgrades or any other modifications to the Navigation Product used by the User following the conclusion of this Agreement shall also be used in accordance with this Agreement.
4.4. Your rights under this Agreement will terminate immediately without notice from Licensor if you materially breach them, or take any action in derogation of the rights of Licensor, any suppliers holding rights in the Navigation Product and/or their suppliers. Licensor may terminate this Agreement if the Navigation Product as a whole or any part thereof becomes, or in Licensor’s (or other suppliers holding rights in the Navigation Product) reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and delete the Navigation Product and confirm compliance in writing to Licensor, if requested.
4.5. Licensor reserves the right to upgrade, modify, withdraw, suspend, or discontinue any Service offering, functionality or feature of the Navigation Product or may terminate distribution of the Navigation Product in its sole discretion due to reasons such as (but not limited to): the provision is no longer financially or otherwise feasible for Licensor, technology advances, or conditions rules change, end user feedback indicates a change or is needed, agreements with third parties no longer permit us to make their Databases or Services available, or external issues arise that make it imprudent or impractical to continue with the provision.
4.6. Licensor reserves the right to replace any Database or Service with another Database or Service having the same or similar functionality. Such change may be executed upon the sole discretion of Licensor.
5. Rights under copyright or other intellectual property rights
5.1. All material copyrights and other intellectual property rights vested in the Navigation Product or any parts thereof, that are not explicitly granted in this Agreement or by virtue of law, are reserved.
5.2. Intellectual property rights of Licensor, the Software Owner or other right holders extend to the whole Navigation Product and to its parts separately as well.
5.3. The owner(s) of the copyrights of the Database(s) is (are) the Licensor, or natural person(s) or corporate business entity (ies) (referred to as: “Database Owner”) who supply them. In the event that the copyright owner of the Database is not the Licensor, the Licensor hereby states that it has obtained sufficient usage and representation rights from the Database Owners in order to utilize the Databases in line with this Agreement.
5.4. Services available through the Software may transmit various types of information or content to the User, which information or content is gathered and provided by third party service providers. Therefore it is understood and accepted that neither the Licensor nor the Software Owner has the ability or right to control, alter or modify such information and content and the Service itself is only a function enabling the Software to access, download and display information and content to the User.
5.5. Database Owners, service providers and any special terms and conditions regarding their products contained in- or displayed through the Navigation Product may be listed in the “About” or similar menu item of the Navigation Product, or in in the Device documentation or at a website address indicated in the „About” section.
6. Rights of the User
6.1. Without prejudice to Section 6.2 below, by default the User is entitled to run the Navigation Product on the Device the Navigation Product came preinstalled before purchase or on the Device in connection which the Navigation Product was provided by Licensor, and to run and use one copy of the Navigation Product or a preinstalled copy of the Navigation Product thereon. The Navigation Product is for the User’s personal purposes only.
6.2. In the event that the Navigation Product comes preinstalled on- or otherwise licensed together with the Device or acquired from Licensor by the User for a specific Device, the Navigation Product shall be tied to the Device and may not be separated-, transferred to-, or used with another Device or sold to another User without selling the Device itself.
6.3. The Databases and Services provided to the User may only be used together with User’s copy of the Software and may not be used separately or with another copy of the Software.
7. Limitations of use
7.1. The User is not entitled
7.1.1. to duplicate the Navigation Product (to make a copy thereof) or any part of it, except to the extent allowed by this Agreement or applicable law;
7.1.2. to resell, sublicense, lease, rent or lend it, or to transfer it to a third person for any reason without transferring the Device on which it was first legally installed on (see section 6.2);
7.1.3. to translate the Navigation Product (including translation (compilation) to other programming languages);
7.1.4. to decompile, disassemble, or reverse engineer the Navigation Product;
7.1.5. to evade the protection of the Navigation Product or to modify, circumvent or obviate such protection through technological or by any other means;
7.1.6. to modify, extend, transform the Navigation Product (in whole or in part), to separate it into parts, combine it with other products, install it in other products, utilize it in other products, not even for the purpose of achieving interoperability with other devices;
7.1.7. to remove, modify or obscure any copyright, trademark notice, or restrictive legend included in the Navigation Product or any part thereof.
7.2. The User may only use the Databases and information from the Services available through the Navigation Product (including but not limited to the traffic data received from the RDS TMC or on-line TMC traffic information service) for his/her own benefit and at his/her own risk. It is strictly prohibited to store, to transfer or to distribute these data or contents or to disclose them in full or in part to the public in any format or to download them from the Navigation Product.
8. No warranty, limitation of liability
8.1. The Licensor hereby informs the User that although the greatest care was taken in producing the Navigation Product, given the nature of the Navigation Product and its technical limitations, the Licensor and its suppliers do not provide a warranty for the Navigation Product being completely error-free, and they are not bound by any obligation whereby the Navigation Product obtained by the User should be completely error-free.
8.2. THE LICENSED NAVIGATION PRODUCT, INCLUDING ANY OF THE DATABASES, OR SERVICES FORMING PART THEREOF ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” (INCLUDING NO WARRANTY FOR THE CORRECTION OF FAULTS) AND LICENSOR, THE DATABASE OWNERS, THE SOFTWARE OWNER, THE SERVICE PROVIDERS AND THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY LICENSOR OR ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, THIRD PARTY PROVIDERS, THE SOFTWARE OWNER OR THE DATABASE OWNERS AND SERVICE PROVIDERS SHALL CREATE A WARRANTY, AND USER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.
Licensor does not warrant that the Navigation Product is capable of interoperating with any system, device or product.
8.3. The Licensor does not assume any responsibility for damages incurred due to an error in the Navigation Product.
8.4. The Licensor does not assume any responsibility for damages incurred due to the Navigation Product not being applicable for any defined purpose, or due to the error or incompatibility of the Navigation Product with any other system, device or product.
8.5. NEITHER LICENSOR NOR ITS SUPPLIERS SHALL BE LIABLE TO USER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THIRD PARTY SUPPLIERS (E.G. DATABASE OWNERS, MAP PROVIDERS, SERVICE PROVIDERS, THE SOFTWARE OWNER) OR AGENTS OF LICENSOR SHALL HAVE NO MONETARY LIABILITY TO THE USER FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES FROM LICENSOR OR ANY OF ITS SUPPLIERS, YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID FOR THE NAVIGATION PRODUCT (OR UP TO 10 USD IF THE AMOUNT IS NOT CALCULABLE OR IF YOU ACQUIRED THE NAVIGATION PRODUCT FOR NO CHARGE). THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT APPLY EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE NAVIGATION PRODUCT DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR IF THE LICENSOR OR ITS SUPPLIERS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES.
8.6. The Licensor also draws the attention of the User to the fact that, when using the Navigation 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 Navigation 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 Navigation Product in any vehicle.
Safety (e.g. speed) cameras are provided for informational purposes only and may not be used to encourage, facilitate or support the violation of any laws. Furthermore some countries prohibit the display or use of such features. Compliance with country specific laws and any usage or reliance on the information by user shall be at the User's own risk and sole responsibility.
8.7. Database and Services provided by third parties. The Licensor hereby excludes any liability of its own for the Database or information obtained through the Services in the Navigation Product. The Licensor does not warrant the quality, suitability, accuracy, fitness for a specific purpose or territorial coverage or availability of the Database or information. The Licensor specifically excludes any and all liability for the suspension or cancellation of any of the Services, and any damage arising due to cancellation of a Service. User acknowledges that the mapping data in Databases may contain geographical data and other data.
8.8. The User hereby acknowledges that (i) inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, may each lead to incorrect results; and (ii) that the Database or information obtained through the Services provided by third parties may only be used at the risk of the User and for the benefit of the User. User acknowledges that the Databases are the confidential information of Database Owners and disclosure of the Databases to third parties is prohibited.
8.9. USE OF THE NAVIGATION PRODUCT’S REAL TIME ROUTE GUIDANCE FUNCTION IS AT USER’S SOLE RISK AS LOCATION DATA MAY NOT BE ACCURATE.
8.10. Database Content and Services provided by the Licensor or an agent of the Licensor. For certain Navigation Products the Licensor or the Software Owner or a contractual partner may offer various products and services to the User through the https://www.naviextras.com or another dedicated website. The User may only use these services when the User has read and understood the relevant terms at the website and the User is obliged to use the services in line with those terms. In the event of conflict between this Agreement and such additional terms, the additional terms shall prevail.
8.11. Purchase and acquisition of activation license for the use of certain functions, Databases, or Services may require Internet connection and no alternative way of acquisition is offered by Licensor or the supplier of those functions, Databases, or Services.
9. Sanctions
9.1. The Licensor hereby informs the User that the breach of copyrights and related rights is a crime under numerous jurisdictions, including in the United States of America and other countries who ratified the International Convention on Cybercrime.
9.2. Licensor, Software Owner and suppliers of products on the basis of this Agreement are continuously monitoring violation of their intellectual property rights, and in case infringing use is detected, violators will face criminal and civil procedures initiated against them in any and all jurisdictions.
10. Anonymous data collection
10.1. The User hereby acknowledges that the Software may collect, transmit to Licensor or third parties, and in some cases stores data connected to the usage of the Software 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 within the Navigation Product. The collected data is always anonymous, not associated in any way with any personal information of the User or with the User itself.
10.2. The collected data may be uploaded to the Software Owner’s database or transmitted periodically or in real time to a third party partner and used exclusively for the purpose of enhancing and improving the precision and reliability of features and services of the Navigation Product. Uploading is executed through the Software Owner’s special software or by the Device, and the upload may be enabled or disabled by User. After successful data upload, the collected data is deleted from the Navigation Product and the Device or may be deleted by the User manually.
10.3. Collected data is transmitted, stored and handled anonymously and no connection of the data with the User shall be established by Licensor or any third party.
10.4. Licensor hereby informs the User, that if it accesses the Internet through mobile data service while abroad or otherwise roaming another mobile network the transmission of such data may result in special roaming charges. To avoid such charges it is the responsibility of the User to disable mobile data services while roaming or to turn off the data collection functions of the Navigation Product.
11. Auxiliary Terms for Services
11.1. For online Services the following auxiliary terms shall also apply. Information or Database content (e.g. weather-, traffic information, location based information, online search results) may be transmitted to the User’s Device through an Internet connection ("Connected Services"). Connected Services may be granted for a fee or free of charge subject to Licensor’s decision.
11.2. Information and content through Connected Services in general are not available in all countries, or all languages, furthermore different conditions and service characteristics may apply in different countries. Use of certain Connected Services may be prohibited in certain countries. It is the User's responsibility to comply with country specific regulation. Licensor excludes its liability for the consequences of illegal use of such functions and User shall indemnify and hold Licensor harmless from all claims against Licensor from authorities or third parties due to the illegal use.
11.3. Online information and content are downloaded by the Navigation Product from the Software Owner’s or other suppliers’ online content servers. The Licensor hereby excludes any liability of its own for all information and content. As no control may be exercised by the Licensor or the Software Owner over the information or content, neither Licensor nor Software Owner warrants the legality, quality, suitability, accuracy, fitness for a specific purpose or territorial coverage of the information and content, furthermore no warranty is offered regarding the availability (e.g. uptime) of online information and content servers. User acknowledges that in any territory or time, slow- or non-connectivity may be experienced due to capacity limitations of the Internet connection or the content servers. The Navigation Product may allow the User to access and communicate third party servers directly. In such cases use of such servers is for User's own risk entirely. Licensor shall not undertake any liability whatsoever for such servers and services accessed and received directly form third parties.
Server availability. No warranty is provided regarding the availability of the servers enabling the Services. When conducting periodic maintenance and inspection of the servers providing the Service (the “System”) upon which Services operate, Licensor (or its Supplier) may temporary suspend all or part of the Services. In the case of any of the following items, Licensor (or its Supplier)s may temporarily interrupt all or part of the Service without prior notification to the User:
(i) When conducting emergency maintenance or inspection of the System;
(ii) When it becomes no longer possible to provide operate the System due to an accident such as fire or power outages, natural disasters such as an earthquakes or flooding, war, rioting, industrial disputes, etc.;
(iii) When Licensor deems it necessary to temporarily suspend operation due to unavoidable operational or technical circumstances; or
(iv) When it becomes no longer possible to provide the Service due to a System failure, etc.
11.4. User acknowledges that the data or information provided through Connected Services is not updated in real-time and may not accurately reflect the real life situation or events.
11.5. The User hereby acknowledges that the Connected Services may only be used at the risk of the User and for the benefit of the User. It is the sole responsibility of the User to provide and maintain a connection to the public Internet network. User accepts that the usage of the Connected Services generates data traffic (up- and downstream) and may result in increased mobile data service fees payable by User.
11.6. Connected Services may provide data, information or materials supplied and/or licensed by third parties to Licensor. For such materials different terms and conditions imposed by such third parties may apply. Applicable third party terms shall be listed in the "About" section of the Navigation Product, in the Device documentation, at a website address indicated in the „About” section or as part of this Agreement. When first using / enabling Connected Services, User accepts compliance with those third party terms and conditions.
11.7. Discontinuation. Licensor reserves the right to discontinue provision or access to any Connected Service with or without prior notice to the User. Such discontinuation shall not entail any consequences other than here stated. In case of discontinued Connected Services that were (i) provided for a pre-paid fee, AND (ii) such fee covers the use of the Connected Service for a definite term (i.e. pre-paid subscription service), User shall be entitled to a refund proportionate to the term remaining from such definite term from the time of the discontinuation.
11.8. Community Services. Some Connected Services may be based on data and information uploaded by participating individuals (Users or other persons) or a Database created and maintained by a group of such individuals. Such data may not come from a trusted source and may also be intentionally false or misleading, as Licensor or Software Owner does not have any means to control or verify the credibility or accuracy of such data or the individuals providing the data. Therefore User accepts that community type Connected Services must be used with extreme care.
By participating in the community by providing data or any information via the Navigation Product or other means offered by Licensor (e.g. through a website or other software), User shall accept the following:
(a) Licensor is granted a royalty-free right to use the data uploaded, in particular, to modify, display, make available to the public, distribute, copy the data for any purpose;
(b) User warrants that no third party has any rights that would hinder or render impossible the use of the data as set out in (a) above, and that no third party rights are infringed by uploading the data on those conditions;
(c) User indemnifies and holds harmless Licensor from any claim from a third party against Licensor due to violation of its rights regarding the uploaded data.
12. Third party supplier terms
12.1. Third parties supply Services or Database built into the Navigation Product and such third party suppliers may have special terms and conditions of use („Supplier Terms”), and You as the User accept those terms together with this Agreement.
12.2. Potential third party suppliers (and their Supplier Terms) may have their Database or Service distributed as part of the Navigation Product are listed in the „About” section of the Navigation Product or at a website address indicated in the „About” section.
12.3. Service specific terms:
12.3.1. Online Search. By using the built in online search functionality the User hereby acknowledges that during the search process the geographic position of the User’s device may be used for providing better search results. Also the search result chosen by the User may be processed anonymously by the Service supplier for statistical purposes.
When using the online search functionality the User may not (i) interfere with the performance of the Service; (ii) complete mass downloads or bulk feeds of any content or information derived from the Service or information acquired therefrom, use benchmarking methods, e.g., robots, to access or analyze the Service or information derived therefrom, and (iii) alter or manipulate the Service or information derived therefrom or modify the default settings operation or look and feel of the Service (including but not limited to displayed logos, terms and notices); or (iv) use the Service or information derived therefrom in connection with any unlawful, offensive, obscene, pornographic, harassing, libelous or otherwise inappropriate content or material, furthermore (v) use search results to generate sales lead information in the form of ASCII or other text-formatted lists of category-specific business listings which (x) include complete mailing address for each business, and (y) contain a substantial portion of such listings for a particular county, city, state, or zip code region.
12.3.2. Traffic. Neither the traffic information nor any derivatives thereof shall be used by the User for (i) historical data purposes (including but not limited performing storage of the data in order to enable the collection or analysis of information); or for (ii) broadcasting or making available to any third party; and (ii) for the purpose of enforcement of traffic laws including but not limited to the selection of potential locations for the installation of speed cameras, speed traps or other speed tracking devices.
Traffic data may not be archived and may only be delivered for Users’ near term personal use not to exceed one twenty-four hour period.
13. Third party attribution
Attribution of third parties (e.g. copyright notices) supplying software modules, Databases, Services or other material to the Navigation Product are listed in the „About” section of the Navigation Product or at a website address indicated in the „About” section.