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Terms of use

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  1. Software License Agreement

    Software License Agreement This Software License Agreement ("Agreement") is displayed for you to read prior to downloading and using the Licensed Software. If you choose not to agree with these provisions, do not download or install the enclosed Licensed Software and the related documentation and design tools. By using the Licensed Software, You are agreeing to be bound by the terms and conditions of this Agreement. Do not use the Licensed Software until You have read and agreed to the following terms and conditions. The use of the Licensed Software implies automatically the acceptance of the following terms and conditions. 1. DEFINITIONS Licensed Software: means the enclosed demonstration software and all the related documentation and design tools licensed in the form of object code. Product: means a product or a system that includes or incorporates solely and exclusively an executable version of the Licensed Software and provided further that such Licensed Software executes solely and exclusively on GNS products. 2. LICENSE GNS ("Global Navigation Systems - GNS GmbH, 52146 Wuerselen, Adenauerstr. 18, Germany") grants You a non-exclusive, worldwide, non-transferable (whether by assignment, law, sublicense or otherwise), revocable, royalty-free limited license (i) to make copies, display internally and use internally object code versions of the Licensed Software for the sole purpose of designing, developing and manufacturing the Products; (ii) make, use, sell, offer to sell, import or otherwise distribute Products. 3. OWNERSHIP AND COPYRIGHT Title to the Licensed Software, related documentation and all copies thereof remain with GNS and/or its licensors. You may not remove the copyrights notices from the Licensed Software. You may make one (1) copy of the Licensed Software for back-up or archival purposes provided that You reproduce and apply to such copy any copyright or other proprietary rights notices included on or embedded in the Licensed Software. You agree to prevent any unauthorized copying of the Licensed Software and related documentation. 4. RESTRICTIONS Unless otherwise explicitly stated in this Agreement, You may not sell, assign, sublicense, lease, rent or otherwise distribute the Licensed Software for commercial purposes, in whole or in part purposes. You acknowledge and agree that any use, adaptation translation or transcription of the Licensed Software, for use with other than GNS products is a material breach of this Agreement and requires a separate license from GNS. No source code and/or object code relating to and/or based upon Licensed Software is to be made available by You to any third party for whatever reason. 5. NO WARRANTY The Licensed Software is provided "as is" and "with all faults" without warranty of any kind expressed or implied. GNS and its licensors expressly disclaim all warranties, expressed, implied or otherwise, including without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. GNS does not warrant that the use in whole or in part of the Licensed Software will be interrupted or error free, will meet your requirements, or will operate with the combination of hardware and software selected by You. You are responsible for determining whether the Licensed Software will be suitable for your intended use or application or will achieve your intended results. Nothing contained in this Agreement will be construed as : (i) a warranty or representation by GNS to maintain production of any GNS module or other hardware or software with which the Licensed Software may be used or to otherwise maintain or support the Licensed Software in any manner; and (ii) a commitment from GNS and/or its licensors to bring or prosecute actions or suits against third parties for infringement of any of the rights licensed hereby, or conferring any rights to bring or prosecute actions or suits against third parties for infringement. However, GNS has the right to terminate this Agreement immediately upon receiving notice of any claim, suit or proceeding that alleges that the Licensed Software or your use or distribution of the Licensed Software infringes any third party intellectual property rights. All other warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law. 6. LIMITATION OF LIABILITIES In no event GNS or its licensors shall be liable to You or any third party for any indirect, special, consequential, incidental, punitive damages or other damages (including but not limited to, the cost of labour, re-qualification, delay, loss of profits, loss of revenues, loss of data, costs of procurement of substitute goods or services or the like) whether based on contract, tort, or any other legal theory, relating to or in connection with the Licensed Software, the documentation or this Agreement, even if GNS has been advised of the possibility of such damages. In no event shall GNS's liability to You or any third party under this Agreement, including any claim with respect of any third party intellectual property rights, for any cause of action exceed 100 US$. This section does not apply to the extent prohibited by law. For the purposes of this section, any liability of GNS shall be treated in the aggregate. 7. TERMINATION GNS may terminate this license at any time if You are in breach of any of its terms and conditions. Upon termination, You will immediately destroy or return all copies of the software and documentation to GNS. 8. APPLICABLE LAW AND JURISDICTION In case of dispute and in the absence of an amicable settlement, the only competent jurisdiction shall be the Courts of Cologne, Germany. The applicable law shall be the law of Germany. 9. SEVERABILITY If any provision of this agreement is or becomes, at any time or for any reason, unenforceable or invalid, no other provision of this agreement shall be affected thereby, and the remaining provisions of this agreement shall continue with the same force and effect as if such unenforceable or invalid provisions had not been inserted in this Agreement. 10. WAIVER The waiver by either party of any breach of any provisions of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision. 11. RELATIONSHIP OF THE PARTIES Nothing in this Agreement shall create, or be deemed to create, a partnership or the relationship of principal and agent or employer and employee between the Parties. Neither Party has the authority or power to bind, to contract in the name of or to create a liability for the other in any way or for any purpose. Wuerselen 01.Aug.2010

  2. Language

    In this forum each thread has to be in Enlish. Messages written in a different language may be deleted. Every user should observe the rules of orthography. Spelling mistakes can be resolved by using the preview and edit functions. Please proof-read your messages because words that are misspelled cannot be found through the search and might not be understood by others. If you write a lot of text punctuation and the use of paragraphs are required.

  3. Advertisements

    Advertisements for products, services or content of other companies or persons is forbidden. Furthermore offers for sale / to buy are not wanted as well as the request for employees or members except the reply to a direct question in a thread or post.

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  5. Link to own website

    Links in your signature or posts are forbidden.

  6. Private Messages

    Private messages must only be used for private, non-public topics. We do not answer any support questions via private message (including messages that link to support questions). It is forbiddeen to send advertisements by private message.

  7. Breaking the rules

    Users that break these rules have to take into account that they might be banned temporarily or permanently. Threads or post that break these rules will be deleted without any comment.

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