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, http://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 Li
censor’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.
