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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. Product names are used without guarantee of free usability.

The following contractual 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 do not apply only to all software products listed above but include the following: (i) any updates or upgrades to the Software that you may purchase in connection therewith or that you 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. Without the license of a QuoVadis version, this software may neither be loaded onto a computer nor copied. 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, return the complete software package with license data and all documents immediately. If the software in its original packaging is returned to us with an unopened seal, QuoVadis Software GmbH may agree to a refund of the purchase price. The same applies if the software is returned with a plausible reason and affidavit in which you affirm that you have destroyed your license data, made no copies and uninstalled the software on your PC(s). A claim for a refund of the purchase price does not exist, however, 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 one copy of the Software on one stationary and one mobile computer as a private individual under this Agreement, provided that the Software is used only on one computer at a time. Exceptions to this are parallel route planning on stand-alone and mobile PCs for travel preparation and the reading of track log 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 if 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 this computer. If the possible number of users of the Software exceeds the number of licenses you have purchased, you must reasonably ensure that the number of computers on which the Software will run concurrently does not exceed the number of licenses purchased. This control system includes special modules that have been developed for specific tasks on behalf of customers. In a company, the number and locations 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 used is equal to the required number of corresponding program licenses. QuoVadis Software GmbH reserves the right to incorporate a software security mechanism into the software to monitor the use of the software and to verify compliance with these license terms. This applies to both local installations and client-server applications. In this context, QuoVadis Software GmbH reserves the right to use a hardware locking device, license management software and/or a license authorization key to control access to the software. They shall 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. Like all products of QuoVadis Software GmbH, the software and the documentation are protected by copyright. You are granted only 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 copyright or other proprietary notices 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. The unauthorized copying and use of the software on other computers, as well as the passing on of the software or the license code to third parties is illegal and will be prosecuted.

3. other restrictions on use This Agreement contains your proof of license to use the rights granted in this document. This proof shall be kept in a safe place. The license terms refer to the software as a whole. Parts of the software may not be used separately and also only for your normal business purpose. You may not grant any third party access to or use of the Software; the Software or the license granted by this Agreement may not be leased or loaned (including any application service provider or timeshare agreement). Special arrangements for 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 software updates around the clock; all software updates within a main release family (e.g. 7.x) are also free of charge. Software delivered as an upgrade or upgrade to a previous licensed version replaces the previous version - no additional license is granted; the number of updates installed may not exceed the number of original licenses. Support requests are handled via the support forum. QuoVadis Software GmbH endeavors to answer such questions quickly and competently. There is no entitlement to performance within a certain period of time. Further services can be concluded with QuoVadis Software GmbH for a fee. These must be individually negotiated and must be in writing.

5. term QuoVadis Software GmbH may terminate this license agreement for any of the following reasons: (i) without notice in the event of infringement of the provisions laid down in Articles 1-4, 6, 11 and 12 (ii) Failure to comply with any other provision of this Agreement unless the breach is remedied within 14 days of notice. Upon termination of the license, all copies of the software including license code and associated documentation must be returned or destroyed immediately. 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 license granted under this Agreement shall survive as long as the terms of this Article have been complied with and have not been terminated.

6. responsibility for the use of the software You are responsible for monitoring, managing and using the Software in your organization and are required 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 Terms. (3) The accuracy required for your application can also be achieved in conjunction with the hardware components used. (4) Appropriate measures are taken to prevent data loss in the event of a system crash. (5) The software is not used for ethically reprehensible purposes. These include, in particular, military operations where these cannot be clearly identified as defence, peacekeeping or humanitarian, 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 by no means a substitute for professional judgment by suitably 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 of Liability

7 a Limited warranty QuoVadis Software GmbH warrants that the software is free from defects in material and functions substantially in accordance with the documentation. QuoVadis Software GmbH also warrants that all services provided by the company from time to time will be performed professionally and in accordance with the rules of reasonable business practice. QuoVadis Software GmbH does not warrant that the software will meet your requirements or that the use of the software in all applications will be free of errors or interruptions. In the case of services performed on behalf of the customer, our warranty shall be limited to the functional scope previously agreed in writing. QuoVadis Software GmbH's sole obligation and your sole remedy under this warranty is to repair or replace, as appropriate, the defective media or software or to repair the service accordingly. If these efforts are unsuccessful, QuoVadis Software GmbH undertakes to (i) refund the price you paid for the Software or Service; or (ii) if required by law, offer a different solution.

7 b Exceptions The limited warranty of QuoVadis Software GmbH is void if a warranty claim arises from any of the following: (i) Accidents, damage, misuse or negligent handling of the Software. (ii) acts 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 integrate and use all updates to the software provided by QuoVadis Software GmbH.

7 c Warranty limitations The explicit warranty described in this article 7 is the only warranty given by QuoVadis Software GmbH with respect to the software, documentation and services provided herein. QuoVadis Software GmbH disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose. In connection with the warranty described in this Article 7, all claims deriving from a warranty claim must have been filed within 2 years of their 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 and/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 the customer. Under no circumstances shall QuoVadis Software GmbH be liable for any indirect, incidental, punitive, or consequential damages (including damages resulting from loss of use, data, income, goodwill, or revenue) arising out of or in connection with the use of or inability to use the delivered software or documentation. This also applies if QuoVadis Software GmbH has been informed in advance about the possibility of such damages. The same applies to software adaptations on behalf of customers or services.

8th European Software Directive Please note that the provisions of the Directive of the Council of the European Union of 14 May 1991 on the legal protection of computer programs (the “Software Directive”) may apply to your use of the Software. You as the 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 our software products are not exported by QuoVadis Software GmbH, you agree that you are solely responsible for compliance with applicable laws. If any part of this License Agreement is held invalid for any reason, all other provisions of this License Agreement shall remain in full force and effect without limitation. Supplementary provisions must be made in writing and are only valid insofar as they do not contradict this license agreement or a deviating provision has been explicitly made.

10. activation code You automatically purchase your unlock code with your software license and agree to keep it safe. A replacement issue of license papers is only possible against a reasonable expense fee.

11. transfer of rights of use to third parties: A transfer of usage rights to third parties is in principle only possible to the extent that software licenses can be sold by the corresponding 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 sales or contractual partners must be licensed by QuoVadis Software GmbH. QuoVadis Software GmbH undertakes to keep the data confidential (the current data protection regulations apply). At the explicit request of a sales partner or contractual partner, the maintenance of contacts with the end customer can be organised exclusively on the customer's own responsibility.

12. map material Map material is subject exclusively 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 conditions of the map publishers are automatically binding and must be observed. All maps purchased as optional QuoVadis accessories are subject to the map publisher's license terms. In terms of licensing law, these are to be considered independently of the terms of use of this license agreement.

13. range 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 as “real” computers under licensing law. Each VM needs its own serial number and activation, regardless of which physical platform it is running on. In principle no guarantee can be given that QuoVadis runs in a VM and no support can be given.

* © 1996-2018 Thomas Flemming QuoVadis Software GmbH Odenwaldstr. 9 DE-63533 Mainhausen, Germany Web: Mail: Phone: 49 (0)6182 8492590 fax: 49 (0)6182 8492592 *

en/89_licence/start.txt · Last modified: 2019/09/30 10:18 (external edit)