EULA

End User License Agreement

The navigation software is designed for navigation aids, developed by Polstar technology Inc. (hereinafter referred to as “Company”). The mapping and navigation software (“Navigation Software”) and map data (“Data”) is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you.Please read the terms of this end user license agreement (“EULA”) carefully before using the Software. If you do not agree to the terms of thisEULA,do not usethe Navigation Software.Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this EULA.

1. License Grants

The license granted in this Section 1 are subject to the terms and conditions set forth in this EULA:  

  1. You may use one copy of the enclosed Navigation Software and Data on a single computer. You may not network the Navigation Software and/or Data or otherwise use it on more than one computer or mobile computer at the same time. You may use Navigation Software and Data to provide you with navigation position and route guidance information. 
  2. You may embed the Navigation Software into documents which support embedding and transfer those documents to others, provided however that you may not alter the embedding permission in the Navigation Software.
  3. You may make one copy of the Navigation Software solely for backup purposes. Any back-up copy must contain all copyright notices and any other proprietary legends on the original copy of the Navigation Software. You may not sell or transfer any copy of the Navigation Software made for backup purposes. 
  4. Your license rights under this EULA are non-exclusive and non-assignable.
  5. You agree to use this Data together with the Navigation Software for the solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Navigation Software and Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.  
2. Restrictions
  1. Other than as set forth in this Section 1, Company may not, and may not cause or allow any third party to: (a) make copies of the Navigation Software and Data, or electronically transfer the Navigation Software and Data from one computer to another. (b) alter, merge, modify, adapt, translate, decompile, reverse engineer, disassemble, or otherwise reduce the Navigation Software to a human-perceivable form. (c) rent, lease, or sublicense the Navigation Software and Data. (d) create derivative works based upon the Navigation Software and Data. 
  2. In the event that you fail to comply with this EULA, the Company and the suppliers of the Data may, in addition to seeking any damages, terminate the license. Upon termination, you must destroy all copies of the Navigation Software and Data (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
  3. Except where you have been specifically licensed to do so by the Company and the suppliers of the Data, and without limiting the preceding paragraph, you may not (a) use this Navigation Software and Data with any products, systems, or applications installed or otherwise connected to or in communication with Vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
3. Ownership

The foregoing license gives you limited license to use the Navigation Software and Data. The Company and the suppliers of the Data retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Navigation Software, and all copies thereof. The Navigation Software is protected by the Copyright Law of Taiwan. All rights not expressly granted in this EULA, are reserved by the Company and the suppliers of the Data.

4. No Warranty and Disclaimer
  1. This Navigation Software and Data is provided to you “as is”, and you agree to use it at your own risk. The Company and its licensors (and their licensors and suppliers) and the suppliers of the Data make no guarantees, representations or warranties of any kind, express or implied, a rising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Navigation Software and Data, or that the Navigation Software and Data or server will be uninterrupted or error-free. 
  2. THE COMPANY AND ITS LICENSORS (INCLUDING THEIR LICENSORS  AND SUPPLIERS) AND THE SUPPLIERS OF THE DATA DISCLAIM ANY  WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE,  MERCHANTABILITY, FITNESS FOR A ARTICULAR PURPOSE OR  NON-INFRINGEMENT. Some Countries, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

5. Disclaimer of Liability

THE COMPANY AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: INRESPECT OF ANY CLAIM,  DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CALIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES,  DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE,  CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, DAMAGES ARISING OUT OF YOUR USE OF OR INABLITY TO USE THIS 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 THE COMPANY  AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

Some jurisdictions do not allow certain liability exclusions, damage limitations, or disclaimers of warranty.  In no event shall the Company and its licensors (including their licensors and suppliers) be liable for damages in excess of the price that you paid for your copy of the Navigation Software and Data.  

6. General

This EULA shall be governed by the internal laws of the Taiwan. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of the Navigation Software and the Data to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, then that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.

All questions concerning this EULA shall be directed to the Company.

This EULA does not authorize you to use the trademarks of the Company or its licensors.