End User License Agreement []

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====== End User License Agreement ======

QVX and all map and routing items may be activated on two computers for private users. If you have more computers, you need correspondingly more licenses, 2 licences for 4 computers, 3 licences for 6 computers etc.

For commercial or governmental use one licence per one computer is required.


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 warranty 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 with headquarters in 63533 Mainhausen, Germany. The statements refer to our navigation software family "QuoVadis". Basically, the differences in licensing costs between these program versions reflect different functionalities. 

These contractual terms and conditions not only apply to all the 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 licence for a QuoVadis version. The type of software version determines the type of license and the range of functions available. Excluded from this is our free downloadable demo version, which can be installed and tested with full functionality for a period of 25 days.

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 original packaged software is returned to us with an unopened seal, QuoVadis Software GmbH may agree to a purchase price 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, there is no claim to a refund of the purchase price.

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 in accordance with this Agreement as a private individual, provided that the Software is used on only one computer at any given time. This does not apply to parallel route planning on a stationary and mobile PC for trip preparation and to 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 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 possible number of users of the Software exceeds the number of licenses you have purchased, 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 provision 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 inspect copies of these documents.
In the case of a server application, the number of clients using the software 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 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. You 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 documentation, like all products of QuoVadis Software GmbH, are protected by copyright. You are granted only those rights that are specifically stated 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, or distribution of the Software or 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 must 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 only for your normal business purposes. You may not grant access to or use of the Software to any third party, 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 set out in Article 11.
You are not authorised 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 main release family (e.g. 7.x) are also free of charge. Software that is delivered as an upgrade or 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 do its best to answer such requests quickly and competently. There is no entitlement to performance within a certain period of time.
Additional services can be purchased from QuoVadis Software GmbH. These must be negotiated individually and must be in written form.

5. duration
QuoVadis Software GmbH may terminate this license agreement for any of the following reasons:
(i) Without notice in case of violation of the provisions set forth in Articles 1-4, 6, 11 and 12
(ii) In the event of 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 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 Agreement shall survive any termination of this Agreement.
A termination must be in writing. The license granted under this Agreement shall remain in effect as long as the provisions of this Article have been fulfilled 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 obliged 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 is achievable in conjunction with the hardware components used.
(4) Suitable measures are taken to prevent data loss in the event of system crashes.
(5) The software is not used for ethically reprehensible purposes. This includes in particular military operations unless they can be clearly assigned to defence or peacekeeping measures or humanitarian purposes as well as all forms of human trafficking or smuggling.
The software is a tool designed exclusively for use by trained personnel. It is in no way a substitute for professional judgment by 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 from material defects and will function substantially in accordance with the documentation. QuoVadis Software GmbH also warrants that all services that the Company provides from time to time will be performed in a professional manner 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 will be free from errors or interruptions in operation in all areas of use. In the case of services performed on behalf of a customer, our warranty is limited to the scope of functions previously agreed in writing.
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 agrees
(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 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 any products, materials or software not provided 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 and any services provided herein. 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 under this warranty must be filed within 2 years of the date of occurrence.

7 d Limitations 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 to use the software. The same applies to software adaptations on behalf of customers. In no event shall QuoVadis Software GmbH be liable for any indirect, incidental, punitive, or consequential damages (including damages for loss of use, data, income, goodwill, or contracts) 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 advised in advance of 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 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, the user, are responsible for compliance with these provisions. 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 the export of our software products is not done by QuoVadis Software GmbH, you agree that you are solely responsible for compliance with all applicable laws.
Should any part of this license agreement be legally invalid for any reason whatsoever, all other provisions of this agreement shall remain in full force and effect without restriction or to the maximum extent possible.
Supplementary provisions must be in writing and are only valid to the extent that they do not contradict this license agreement or if a different provision has been explicitly agreed upon.

10. unlock code
You acquire your unlock code automatically with your software license and agree to keep it safe. A replacement of license documents is only possible against an appropriate service charge.

11. transfer of rights of use to third parties:
A transfer of rights of use to third parties is basically 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 regulation has been made in this regard, the sales prices should be based on our license fees. The license terms of this license agreement are also binding for transferred rights of use. Software licenses sold to third parties by special distribution or contractual partners must be licensed through QuoVadis Software GmbH. QuoVadis Software GmbH undertakes to maintain the confidentiality of the data (the usual data protection regulations apply). At the explicit request of a sales partner or contract partner, contact maintenance with the end customer can be organised exclusively on the customer's own responsibility.

12. map material
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. 
For all maps that are purchased as optional accessories for QuoVadis, the corresponding license terms of the map publishers apply. These license terms are to be considered independent of the terms 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. Each VM requires its own serial number and activation, regardless of which physical platform it runs on. There is no guarantee that QuoVadis will run in a VM and no support can be provided.
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