31
Any liability of Mio, its suppliers and licensors towards you shall be void if any
damage to the Product is caused by accident, transportation, neglect or misuse,
alteration (which shall include, but not be limited to, any deviation from the
specifications), any unauthorized modification or enhancement of the Product,
failure to maintain a suitable operating environment, or the use of the Product
for other than the specific purpose for which it was designed.
In no event shall Mio, its suppliers and licensors be liable for any third party
materials, database and/or their content including the GUI and all other
implications arising from such error or malfunction related to database.
Provision of the Product under this Agreement shall not create any obligation
for Mio, its suppliers and licensors to continue to develop, productize, support,
repair, offer for sale or in any other way continue to provide or develop software
either to you or to any other party.
RESTRICTIONS: You are not permitted to: analyze, modify, translate, adapt,
reverse engineer, decompile, disassemble, or otherwise reduce the Software to
a perceivable form; create derivative works based on the Software or any part
thereof, or attempt to increase the functionality of the Software in any manner;
copy or download the Software (except for backup purposes as stated above),
reproduce through any electronic or mechanical means, and distribute copies –
any unauthorized copying is expressly prohibited; rent, lend, resell, distribute,
sublicense or otherwise transfer rights to the Software, in any other way than
assigning the Product in meeting with below conditions; remove or obscure any
copyright or proprietary notices or labels in the Software; perform, broadcast,
display or present the Software in public.
The Software is the confidential information of Mio, its suppliers and licensors.
You are not allowed to disclose the Software to third parties.
The removal or obscuring of any copyright, trademark notice or restrictive
legend of Mio, its suppliers and licensors is not allowed.
ASSIGNMENT: Provided the transferee agrees to the terms of this Agreement,
transfer of the Product may be allowed. Such transfer must include all copies of
the Software and Documentation without restriction. It also includes all prior
versions, updates and upgrades of the Software.
EXPORT RESTRICTIONS: You accept to comply with all applicable international
or national laws (of the European Union, the United States of America or other)
that apply to the Product, including the Software and the Documentation, and
shall not export or re-export the Product, the Software and the Documentation
(or any copies thereof) or any product utilizing the Product, the Software or the
Documentation in violation of any applicable laws or regulations to any person
or entity in any country subject to such restrictions, including but not limited
to Cuba, Iran, Libya, North Korea, Sudan and Syria, or to any person or entity,
wherever located, who intends to export or re-export to such country. For
further information in relation to this restriction, please seek advice from the
relevant governmental agencies.
INTELLECTUAL PROPERTY RIGHTS: Mio or its suppliers or licensors, own
all intellectual property rights in and to the Product, the Software and the
Documentation, and any copies thereof. Except as expressly provided herein,
this Agreement does not grant you any rights to patent, copyrights, trade
secret, trademarks, or any other intellectual property rights.
TERMINATION: This Agreement is effective as of the date of its acceptance
until expired or terminated according to the terms of this Agreement. You may
terminate this Agreement at any time by destroying the Product, the Software
and the Documentation together with all copies and merged portions in any
form. This Agreement may be terminated immediately by Mio for any reason,
including but not limited to any failure to comply with any term or condition of
this Agreement. In such event, you must destroy the Product, the Software and
the Documentation together with all copies and merged portions in any form.
In addition, this Agreement shall terminate immediately upon the termination
of the agreement between Mio and any third-party from whom Mio licenses
Software. All rights granted to you by this Agreement shall cease upon
termination including, but not limited to, all licenses granted hereunder.
GOVERNING LAW: This Agreement shall be governed by the laws of England.
LIMITED WARRANTY; LIMITED LIABILITY: All warranties and limitations of
liability applicable to the Product, the Software and the Documentation are as
stated on the limited warranty provisions as provided by the limited warranty
statement to this Product or in the manual regarding the Product or Software
(“Limited Warranty”). Such warranties and limitations of liability are entirely
incorporated herein by this reference.
EXCEPT AS PROHIBITED BY LAW, MIO AND ITS SUPPLIERS OR LICENSORS
SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, OR LOSS OF
INFORMATION OR DATA, ARISING FROM OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THE PRODUCT, SOFTWARE AND
DOCUMENTATION. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
Summary of Contents for Cyclo 500 series
Page 1: ...User Manual...