MapSight User Manual
Page 88
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MS-101-14-12-34.0
the Software to voluntarily terminate your EULA with respect to such prior license and that you will
not continue to install or use such prior license of the Software or transfer it to another person or
entity.
If this copy of the Software ("New License") has been acquired via a permitted exchange (other than
in connection with an upgrade) with a different type of Software license previously acquired by you
("Old License") (e.g. Education Version license for a Commercial Version license, where permitted),
you must possess a valid full license to a copy of such Old License in order to install and/or use this
New License, and the New License is provided to you on a license exchange basis. You agree by your
installation and/or use of such copy of the New License to voluntarily terminate your earlier EULA to
the Old License and uninstall, destroy and cease using the Old License. You agree to not transfer the
Old License to another person or entity.
6. Ownership
The foregoing license gives you limited license to use the Software. ikeGPS and its suppliers retain all
right, title and interest, including all copyright and intellectual property rights, in and to, the Software
(as an independent work and as an underlying work serving as a basis for any application you may
develop), and all copies thereof. All rights not specifically granted in this EULA, including International
Copyrights, are reserved by ikeGPS and its suppliers.
7. LIMITED WARRANTY AND DISCLAIMER
(a) Except with respect to any Sample Application Code, Demo version and Not For Resale Version of
the Software, ikeGPS warrants that, for a period of ninety (90) days from the date of delivery (as
evidenced by a copy of your receipt)
a. when used with a recommended hardware configuration, the Software will perform in
substantial conformance with the documentation supplied with the Software; and
b. the physical media on which the Software is furnished will be free from defects in materials and
workmanship under normal use.
(b) IKEGPS PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY
SAMPLE APPLICATION CODE, DEMO VERSION AND THE NOT FOR RESALE VERSION OF THE
SOFTWARE. ANY SAMPLE APPLICATION CODE, DEMO VERSION AND THE NOT FOR RESALE
VERSION OF THE SOFTWARE ARE PROVIDED "AS IS".
(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE
OTHER THAN ANY SAMPLE APPLICATION CODE, DEMO VERSION AND NOT FOR RESALE VERSION,
IKEGPS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS,
WHETHER
EXPRESS,
IMPLIED,
OR
OTHERWISE,
INCLUDING
THE
WARRANTIES
OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF
NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. IKEGPS DOES NOT WARRANT THAT THE
SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR
REMEDIES REFERRED TO IN THIS EULA WILL BE CONFERRED ON YOU UNLESS EXPRESSLY
GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT
LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND
LIFE SUPPORT OR WEAPONS SYSTEMS. IKEGPS SPECIFICALLY DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.