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End User License Agreement

Preliminary remark: The following license terms apply to all versions of QuoVadis. The information in this documentation is published without regard to any patent protection. Trade names are used without guarantee of free usability.

The following contractual terms and conditions describe a legal contract (hereinafter referred to as “Contract”) between the end user (a natural or legal person) and QuoVadis Software GmbH, headquartered in 63533 Mainhausen, Germany. The explanations refer to our navigation software family “QuoVadis”. Basically, the differences in the license costs between these program versions reflect a different range of functions.

These terms and conditions not only apply to all software products listed above but include the following: (i) any updates or upgrades to the Software that you may purchase for this purpose or that you may receive from time to time as part of a subscription service or other support agreement (ii) any additional QuoVadis software applications that you may order and install from time to time. This software may not be downloaded or copied onto a computer without a license for a QuoVadis version. The type of software version determines the license type and the usable range of functions. Excluded from this is our free downloadable demo version, which can be installed for a period of 25 days and tested with full functionality.

It is recommended that you read the terms and conditions carefully before installing and using the software. By installing the software, you confirm your agreement to these terms and conditions. If you do not agree to these terms and conditions, please return the complete software package with license data and all documents immediately. If the originally packaged software is returned to us with an unopened seal, QuoVadis Software GmbH may agree to a refund. The same applies if the software is returned with plausible reasons and a sworn statement in which you confirm that you have destroyed your license data, made no copies and uninstalled the software on your PC(s). However, a claim for a refund of the purchase price does not exist in principle.

This is a license agreement and not a purchase agreement.

1. granting of licences QuoVadis Software GmbH grants you a non-exclusive, non-transferable license to use the Software and the printed and/or electronic user documentation provided with it (the “Documentation”) in accordance with this Agreement. If you have paid the license fee for a single-user license, you may install a copy of the Software on one stationary and one mobile computer as a private individual in accordance with this Agreement, provided that the Software is used on only one computer at any given time. Excluded from this is parallel route planning on stationary and mobile PC for trip preparation as well as the readout of tracklog data with a mobile PC from vehicles or other monitored objects. For commercial customers one license per installation of our software is required. If you have paid the license fees for multiple licenses of the Software, you may use as many copies of the Software as you have licenses at any time. The software is “used” on a computer when it is loaded into the temporary memory (RAM) or installed in the permanent memory (e.g. on a hard disk, CD-ROM or other storage medium) of that computer. If the potential number of users of the Software exceeds the number of licenses you have purchased, then you must reasonably ensure that the number of computers running the Software at any one time does not exceed the number of licenses purchased. This regulation includes special modules that have been developed for specific tasks on behalf of customers. In a company, the number and location of all copies of the software must be documented, regularly updated and monitored. Upon request, QuoVadis Software GmbH has the right to view copies of these documents. In the case of a server application, the number of clients using it is equal to the required number of corresponding program licenses. QuoVadis Software GmbH reserves the right to integrate a software security mechanism into the software to monitor the use of the software and to verify compliance with this license agreement. This applies to both local installations and client-server applications. In this context QuoVadis Software GmbH reserves the right to use a hardware lockout device, license management software and/or a license authorization key to control access to the software. They may not take any action to circumvent or override the purpose of these mechanisms.

2. retention of title QuoVadis Software GmbH retains all copyright, trademark, trade secret and other proprietary rights in and to the software and documentation. The software and the documentation are protected by copyright like all products of QuoVadis Software GmbH. You will only be granted such rights as are specifically set forth in this Agreement. You may copy the Software in machine-readable form for backup purposes and in accordance with the restrictions in Article 1. However, you may not remove any notices or disclaimers of copyright or other proprietary rights from the Software or Documentation, and you must reproduce such notices or disclaimers on all copies of the Software made in accordance with this Agreement. Unauthorized copying and use of the software on other computers, as well as passing on the software or the license code to third parties is illegal and will be prosecuted.

3. other restrictions of use This agreement includes your proof of license to use the rights granted in this document. This proof shall be kept in safe custody. The license terms refer to the software as a whole. Parts of the software may not be used separately and only for your normal business purposes. You may not grant any third party access to or use of the Software or the license granted by this Agreement, nor may you lease or loan the Software or the license granted by this Agreement (including any application service providers or timeshare agreements). Special rules on the transfer of rights of use are dealt with in Article 11. You are not authorized to modify the software. An analysis, decoding, decompiling or reverse engineering of the software source code is prohibited in any case.

4. support and services QuoVadis Software GmbH offers all licensees a free web presence with internet download and support forum. This gives you the right to “download” the latest updates of the software around the clock; all software updates within a release main family (e.g. 7.x) are also free of charge. Software that is delivered as an upgrade or an update of a previous licensed version replaces the previous version - no additional license is granted; the number of installed updates may not exceed the number of original licenses. Support requests are handled via the support forum. QuoVadis Software GmbH will make every effort to answer such inquiries quickly and competently. There is no entitlement to performance of services within a certain period of time. Additional services can be purchased from QuoVadis Software GmbH. These must be negotiated individually and must be in writing.

5. duration QuoVadis Software GmbH may terminate this license agreement for any of the following reasons: (i) Without notice in the event of failure to comply with the provisions of Articles 1-4, 6, 11 and 12 (ii) Failure to comply with any other provision of this Agreement unless the breach has been remedied within 14 days of notification Upon termination of the license, all copies of the software, including the license code and associated documentation, must be returned immediately or destroyed. In this case, you agree to uninstall the software. The provisions of Articles 2, 3, 6, 7, 9, 11 and 12 of this Treaty shall continue to apply after termination of this Treaty. Notice of termination must be given in writing. The licence granted under this Agreement shall remain in force as long as the provisions of this Article have been complied with and not terminated.

6. responsibility in the use of the software You are responsible for the monitoring, administration and use of the Software within your company and are obligated to control this within your sphere of influence. In particular, it is your responsibility to ensure that (1) The software is suitable for the intended use. (2) The software is used in accordance with these license conditions. (3) The accuracy required for your application in conjunction with the hardware components used is also achievable. (4) Appropriate measures are taken to prevent loss of data in case of system crashes. (5) The software is not used for ethically reprehensible purposes. This includes in particular military operations unless they can be clearly attributed to defence, peacekeeping or humanitarian purposes, as well as all forms of trafficking or smuggling of human beings. The software is a tool designed exclusively for use by trained personnel. It is in no way a substitute for the professional judgment of appropriately trained personnel. For navigation applications we cannot guarantee the accuracy of maps, GPS positions or coordinate and route calculations. You navigate exclusively on your own responsibility! You are solely responsible for all results obtained from the use of the software.

7. limited warranty, exceptions and disclaimers

7 a Limited warranty QuoVadis Software GmbH warrants that the software is free of material defects and will function substantially in accordance with the documentation. QuoVadis Software GmbH also warrants that all services that it provides from time to time will be performed in a professional manner and in accordance with good business practice. QuoVadis Software GmbH does not warrant that the software will meet your requirements or that the use of the software in all areas of application will be free of errors or functional interruptions. In the case of services which are carried out on behalf of the customer, our guarantee is limited to the scope of functions which have been agreed in writing beforehand. QuoVadis Software GmbH's sole obligation and your sole remedy under this warranty is to repair or replace the defective media or software or to improve the service accordingly, using reasonable efforts. If these efforts are unsuccessful, QuoVadis Software GmbH undertakes (i) refund the price you paid for the Software or Service; or (ii) if required by law, to offer an alternative solution.

7 b Exceptions The limited warranty of QuoVadis Software GmbH is void if a warranty case arises from any of the following: (i) Accidents, damage, misuse or negligent handling of the Software. (ii) actions or omissions not attributable to QuoVadis Software GmbH. (iii) combinations of the Software with products, materials or software not offered by QuoVadis Software GmbH or not intended to be combined with the Software. (iv) Your failure to incorporate and use any updates to the software provided by QuoVadis Software GmbH.

7 c Warranty limitations The express warranty described in this Article 7 is the only warranty given by QuoVadis Software GmbH with respect to the software and documentation provided herein and any services. QuoVadis Software GmbH disclaims all other warranties, express or implied or derived from trade usage. In connection with the warranty described in this Article 7, all claims arising from a warranty claim must be made within 2 years of the occurrence.

7 d Limitation of liability You acknowledge that the price paid for the license rights may be significantly disproportionate to the value of the products or services that may be provided in connection with the Software. In recognition of this fact, you agree that QuoVadis Software GmbH's liability is limited to the amount paid for the license. The same applies to software adaptations on behalf of customers. Under no circumstances shall QuoVadis Software GmbH be liable for any indirect, incidental, punitive or consequential damages (including damages resulting from unusability, loss of data, loss of income, loss of goodwill or loss of orders) arising out of or in connection with the use of or inability to use the software or documentation provided. This applies even if QuoVadis Software GmbH has been informed in advance about the possibility of such damages. The same applies to software adaptations on customer order or services.

8th European Software Directive Please note that the provisions of the Council Directive of the European Community of 14 May 1991 on the legal protection of computer programs (the “Software Directive”) may apply to your use of the Software. You as a user are responsible for compliance with these regulations. The same applies to the remarketing of our software.

9. general provisions Please note that the export of the software including documentation may be subject to export control laws. If an export of our software products is not carried out by QuoVadis Software GmbH, you agree that you alone are responsible for compliance with the relevant legal regulations. If any part of this license agreement is legally invalid for any reason whatsoever, all other provisions of this agreement shall remain in full force and effect or to the maximum extent possible. Supplementary provisions must be made in writing and are only valid insofar as they do not contradict this license agreement or if a deviating regulation has been explicitly made.

10. unlock code You acquire your unlock code automatically with your software license and commit yourself to keep it carefully. A replacement issue of licence documents is only possible against payment of an appropriate service charge.

11. transfer of rights of use to third parties: A transfer of rights of use to third parties is only possible to the extent that software licenses can be sold by the respective sales or contractual partners to their end customers. Unless a separate, written agreement has been made to this effect, the sales prices should be based on our licence fees. The license terms of this license agreement are also binding for transferred rights of use. Software licenses that are sold to third parties by special distributors or contractual partners must be licensed through QuoVadis Software GmbH. QuoVadis Software GmbH undertakes to keep the data confidential (the usual data protection regulations apply). At the explicit request of a sales partner or contractual partner, contact maintenance with the end customer can be organised exclusively on the customer's own responsibility.

12. maps Map material is exclusively subject to the license terms of the respective map publishers. Even if map material is included in the scope of delivery of the respective QuoVadis version, the corresponding license terms of the map publishers are automatically binding and must be observed. All maps purchased as optional accessories for QuoVadis are subject to the respective license terms of the map issuers. In terms of licensing law, these are to be considered independent of the terms of use of this license agreement.

13. scope of functions Changes to the scope of functions are possible at any time and without prior notice for technical or licensing reasons.

14. virtual machines Virtual machines (VM) are treated like “real” computers in terms of licensing law. Each VM requires its own serial number and activation, regardless of the physical platform on which it runs. There is no guarantee that QuoVadis will run in a VM and no support can be provided.

en/89_licence/start.txt · Last modified: 2020/03/02 11:47 (external edit)