Last revised on -12.01.11 In order to use the enclosed ALK Technologies, Inc ("ALK") CoPilot Software (the "Software"), you must first agree to the End User Licence Agreement ("EULA") below. You may not use the Software if you do not accept the EULA. You can accept the EULA by: i) clicking to accept or agree to the EULA, where this option is made available to you by ALK in the Software; or ii) installing or actually using the Software. In so doing, you understand and agree that ALK will treat your use of the Software as acceptance of the EULA from that point onwards. You may not use the Software and may not accept the EULA if: i) You are not of legal age to form a binding contract with ALK, or ii) You are a person barred from receiving the Software under the laws of the United States or other countries including the country in which you reside or from which you access the Software. By agreeing to the EULA, you acknowledge that i) ALK is not responsible for any Third Party content ii) the Software may collect and use data for which ALK respects privacy rules, iii) for some features of the Software, you will need to have wireless internet and data connection enabled on your mobile device. Using wireless internet may result in data charges from your mobile service provider for which ALK is not responsible, iv) ALK uses different Third Party map data suppliers; to check which Map Data EULA applies to your Product, please refer to the "About Screen" of your Software and v) your use of this real time route guidance application is at your sole risk. Location data may not be accurate. When possible ALK has provided for your information a translation of the EULA. You agree that the translations are provided for your convenience only and that the English Language shall prevail and always be binding in case of conflict. ALK's terms and conditions on ALK's website and any of ALK's associated pages are hereby incorporated by reference to the EULA and therefore form a binding agreement. We regularly update the EULA and the website and encourage you to visit those pages. END-USER LICENCE AGREEMENT FOR COPILOT® SOFTWARE Please read the following agreement ("Licence") carefully. Acceptance: Installation or use of the enclose Software on your device constitutes your acceptance of these terms. If you do not agree, you must immediately delete the Software from your device and destroy any copies you made of the Software and of any written materials relating to the Software and promptly return the Software and, if bought as part of a package, any associated devices to your retailer for a refund. Licence: ALK grants you, as an individual, a non-exclusive, non-transferable right and licence to install and use one copy of the Software on a single device at a time. If your Software includes CoPilot Central™, you may install and use the CoPilot Central™ portion on a different device than the CoPilot navigation portion. Your licence to use the Software is subject to you complying with the terms of this Licence. A licence is required for each installation of the Software, unless the Software is (i) installed temporarily on a computer during the repair or maintenance of the device on which the Software is normally installed and (ii) is immediately deleted from such device as soon as those repairs or maintenance are complete. You may make one copy of the Software for backup purposes only. Change to Licensed Product or Terms: ALK may extend, enhance or otherwise modify the Licensed Product or Terms at any time without notice. Transfer: You are allowed to move your Software from one device to another only if a) the Software is installed on only one device at a time and b) the second device is running the same operating system as the original one. To Transfer your Software from one device to another, follow the deactivation method described on the Help Page at http://activate.alk.com. If for repair purposes or Read Only Memory ("ROM") changes, you are not able to follow the deactivation method, you will most likely encounter the Anti Piracy Protection implemented by ALK at your next Activation. Anti-Piracy Protection: the Software may include product activation and other technology to prevent unauthorized use and copying. When provided with a Product Key Code, Google order number, or any other similar mechanism, you will need to activate your Software with the associated method in order to use it. If you try to activate an excessive number of times, the anti Piracy Protection may cause your Software to lock and prevent you from further activating your Software. Refer to our Help Page at http://activate.alk.com for more information about our Product Activation and Anti Piracy Protection. Copyright: United States copyright law and international treaty provisions protect the Software. You agree that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and ownership rights will remain the exclusive property of ALK, and you will not acquire any rights to the Software except as expressly set out in this licence. You agree that any copies of the Software will contain the same proprietary notices that appear on and in the Software. The Copyright to the Software is held by ALK Technologies, Inc., 1000 Herrontown Road, Princeton, NJ 08540 USA. Full contact details are available at www.alk.com/alk Prohibited Use: Unless you have ALK's prior written permission, you may not (i) use, copy, modify, alter, or transfer the Software or accompanying documentation, except as expressly permitted in this Licence; (ii) translate, disassemble, decompile, or reverse engineer the Software (iii) sublicense or lease the Software or its documentation; or (iv) use the Software in a multi-user or networked environment or on a rental basis or in a time-sharing or computer service business. Limited Warranty: ALK warrants that the Software will perform substantially in accordance with the applicable documentation for a period of 30 days from the date of purchase. Any implied warranties relating to the Software are limited to such 30 day period provided that limitation is permitted by applicable law. End-User Remedies: If the Software does not conform to the "Limited Warranty" above, ALK's entire liability and your sole and exclusive remedy will be, at ALK's option, either to (i) correct the error, or (ii) help you work around the error, or (iii) accept a return and issue a refund through your retailer. The Limited Warranty is void if failure of the Software has resulted from your fault, abuse, or misapplication. If we correct an error in the Software for you, then the unexpired portion of the Limited Warranty period as at the date you informed us of the error will apply to the corrected software once you have received the corrected version. NO OTHER WARRANTIES: EXCEPT AS SET OUT IN THE LIMITED WARRANTY, ALK DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. ALK DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty may last, or an exclusion of incidental damages. This means the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights depending on your country. No Liability for indirect loss: In no event will ALK be liable to you for any loss of profit, wasted time, lost business or for any incidental, or indirect loss of any kind arising out of the performance or use of the Software, even if ALK has been advised of the possibility of such damages. LiveLink feature: ALK reserves the right and may from time to time, through the LiveLink location-sharing feature of the Software to collect location based information on a basis that preserves your anonymity. LiveLink is a feature that may be enabled by default in the Software and that provides real time information such as, but not only, location sharing and subscription status. We may use this information for support purposes, to develop new features and overall to improve the quality of ALK's products and services. You may opt-out or switch-off of the LiveLink feature from within the software. For more information about opting out, please refer to the Support Page. Although we aim to restrict the data flow to the minimum, you may incur data charges by using this feature or the Software. Please check with your data subscription charges with your mobile service provider. Roaming may also increase the data charges. ALK is not responsible for any subscription or data charges you may occur. Privacy: We take your privacy very seriously and will not share your details or personal information with any outside agency without your permission. For information about ALK's data protection practices, please read ALK's privacy policy at http://www.alk.com/privacy.asp. This policy explains how ALK treats your personal information and protects your privacy, when you use the Software. You agree to the use of your data in accordance with ALK's privacy policies. Warning: The Software is only a help for navigation. You must respect locally applicable traffic rules and regulations and use the Software with common sense. The reality observed on the road, and the traffic rules and regulations, always take precedence over the information provided by the Software. You must always control your vehicle, and your speed. You must be able to react properly and execute every appropriate maneuver. You must ado...
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