Terms and Conditions
§ 1 Trademarks and Copyrights:
Any text, picture, graphic and downloadable file is copyrighted and are protected by law. It is not allowed to copy, distribute, change or to give access to this site for commercial purposes without Navideo's consent. Some of the internet pages of www.navideo.net and www.navideo.de contain pictures or product names, which are copyrighted by third-party. All used trademarks and product names on this website from someone else's manufacturer shall only be understood as descriptional instructions.
Any content (trademarks, name of third-party products and vendors) on this web site are, if not created by ourselves, is copyrighted by the corresponding vendor. The one and only purpose of their use is to describe and instruct the use of the Add-On. Our usage of them does not mean that they are not copyrighted.
§ 2 Links:
On these web pages you'll find links to other sites in the internet. Links on this site to third-party websites are provided solely as a convenience to you. If you use these links you will leave this site. Navideo does not own or control these sites and we are not responsible for any of these sites or their content. If you decide to access any of the third-party websites linked to this site you do this entirely at your own risk.
§ 3 Deliveries:
Software:
(1) Software from Navideo can be downloaded from its websites www.navideo.net and www.navideo.de
(2) After your payment and after Navideo received the Machine-ID of the appropriate hardware device Navideo is supposed to send the registration-code to the customer by email within 48 hours. If Navideo fails to accomplish the delivery within this time span the customer may cancel the registation and request the money back.
Hardware:
(1) Navideo's delivery obligation and all delivery dates are under the reservation that products are correctly and punctually delivered to Navideo itself.
The delivery shall be done through dispatch ex warehouse to the address supplied by the customer. The delivery shall be carried out against a flat rate charge for packaging and dispatch; the exact amount shall be shown separately for each delivery.
(2) Risk shall pass to the customer as soon as the goods have been handed over to the haulage agent or in the event of collection by the customer, upon placing the goods at disposal. This shall also apply in cases where Navideo shall carry transportation costs.
(3) Any possible delivery dates mentioned shall remain non-binding, if nothing to the contrary has been expressly agreed in writing.
(4) If Navideo should not make delivery on the agreed date, the customer shall be entitled, after expiry of one week, to set Navideo an appropriate period of grace (of at least 3 weeks) by stating that it shall withdraw from the contract after fruitless expiry thereof.
§ 4 Limited Liability:
(1) In no event Navideo will be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, whether based on warranty, contract, tort or any other legal theory and whether or not Navideo has been advised of the possibility of such damages. If your use of the materials, information or services from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations or exclusions may not apply to you.
(2) The downloadable files are virus-checked by the author. But you should check the downloaded file with the newest virus-protection software on your own.
The author does not take liability for any eventually direct or indirect caused damages by the offered software on this site. Before installing any software from Navideo you are supposed to make a system backup.
(3) Be aware that products that rely on external services (mobile network, internet or GPS satellites...) can fail anytime. Therefore Navideo can not guarantee that its products work anytime and at any location and you may not use them for life and mission critical applications. Never operate Navideo products while driving.
Specific Terms for the purchase of software
Navideo - Ender User License Terms (EULA)
§ 1 Scope of Regulations
This Agreement regulates the relations between the user and Navideo, developer and proprietor of the exclusive utilization rights to the Navideo software ("Software") as speci-fied in the order. Subject matter of this Agreement shall be deemed to be copyright interests.
§ 2 Extent of Use
(1) Navideo grants the user the non-exclusive right, unlimited by time and location, to utilize the Software at a utilization volume as specified in the order. The licensing includes the right to install and use the Software in accordance with the documentation and pursuant to these regulations.
(2) Navideo expressly points out to the user, that a comprehensive utilization of the Software shall only be possible subsequent to appropriate registration thereof.
(3) The user shall ensure that the above mentioned restricted utilization rights are complied with.
(4) Any kind of use which supersedes the framework as stipulated in the Agreement requires the written consent of Navideo. In the event that such utilization should be exploited without Navideo's consent, Navideo shall charge the amount accruing for this extended utilization in accordance with the valid price list at the time. Navideo shall reserve the right to assert further reaching claims for compensation of damages. The user shall have the right to prove lower damages.
(5) All the above mentioned utilization rights shall only be transferred to the user after full and final payment of the license fee.
§ 3 Copyright and Protected Rights
(1) The user acknowledges the copyrights of Navideo and therewith the exclusive utilization and exploitation rights to the Software. Exclusive utilization and exploitation rights also exist with regard to extended development of the Software or amendments thereto, which Navideo has created for the user compliant with order.
(2) Any kind of not explicitly authorized copying of the Software in its entirety or partially, any kind of not expressly authorized passing on of the Software and development of similar Software or segments of such Software or utilization of the contractual Software as master template shall in particular be deemed to be judicially and contractually prohibited.
(3) The user acknowledges the imprint, trademark, trade name and patent rights of Navideo to the Software and the relevant appending documentation. The user is forbidden from removing, changing or in any other way camouflaging the copyright notices and identifications pertaining to existing protection rights.
§ 4 Imparting with the Software
(1) After registration the software is licensed to exactly one PC or PocketPC. The license can not be applied to another hardware product.
(2) The user is permitted to sell or give away the Software, together with the hardware that it was registered on, on a permanent basis to third parties, under the proviso that the acquiring third party is in accord that the contractual terms and conditions at hand shall henceforth be also be imposed on it.
(2) In the event of passing on, the user shall hand over to the new user all copies of the program, including possible backup copies made or destroy the copies not handed over. As a result of imparting, the former user's utilization rights to the program shall extinguish.
(3) The user is permitted to sell or give away the Software and the user manual or any other accompanying materials to third parties on a temporary basis, if this is not done within the framework of leasing or renting out for gainful purposes, under the proviso that the acquiring third party is in agreement that the contractual terms and conditions at hand shall henceforth also be imposed on it. In the event of passing on, the assigning user shall hand over to the new user all copies of the program, including possible backup copies made or destroy the copies not handed over. For the period of assignment of the Software to third parties, the assigning user shall have no right to any kind of utilization of the program. Renting out or granting a lease for gainful purposes shall be prohibited.
(4) The user may not assign the Software to third parties if there should be any justified suspicion that such third party could violate the contractual terms and conditions, especially making unlawful copies.
§ 5 Reproduction Rights and Access Security
(1) The user may reproduce the Software, if the respective copying should be necessary for operations. Necessary reproduction shall be deemed to be the installation of the program from the original data carrier to the bulk memory of the installed hardware as well as loading the program into random access memory.
(2) Furthermore, the user is permitted to make copies for backup purposes. However, fundamentally, only one single backup copy may be made for safekeeping. The backup copy has to be identified as such.
(3) In the event that regular storage of the entire data base and the integrated computer programs should be crucial for security purposes or safeguarding a rapid reactivation of the computer system after complete breakdown, the user is permitted to make the necessary number of essential backup copies.
(4) Further reproductions, which also include release of the program code on a printer as well as photocopying of the manual, may not be made by the user. Any additional manuals required by employees have to be obtained from Navideo.
§ 6 Manifold Deployment and Network Integration
(1) The user may use the Software on any hardware available to it. However, in the event that the user should replace the hardware, it is obliged to delete the Software from the hardware utilized up till then. Any isochronous storage, keeping in stock or operation on more than only one hardware unit is not permissible.
(2) The deployment of the entrusted Software within a network or any other multiple workstation computer system is not permissible, if thereby the possibility of simultaneous multipleshift usage should be facilitated. Should the user select to use the Software within network operations or any other multipleshift computer system, the user is obliged to abstain from simultaneous multiple use by integration of access protection devices or compensate Navideo by payment of special network license fees, which fee is calculated on the basis of the number of users linked up with the computer system. The user shall be informed immediately by Navideo with regard to network license fees to be raised in each individual case as soon as the user has informed Navideo in writing of the intended network integration and the number of integrated users. The implementation into such kind of network or multiple workstation computer system shall only be permissible after full and final payment of the network licensing fees.
§ 7 Third Party Software
The Software contains third party software products, which has been integrated into the contractual Software or supplied together with the contractual Software. Navideo fundamentally only awards such rights which are necessary for general use of the programs as components of the contractual Software and which Navideo is authorized to grant. No modification rights or further processing rights are incorporated therein.
§ 8 Decompiling and Amendment of Programs
The user is forbidden from retranslation of the entrusted program code into other code configurations (decompiling) as well as any other kind of inverted development of the diverse manufacturing phases of the Software (reverse engineering) or carrying out program amendments of any kind, unless if such actions should serve purposes of eliminating serious defects, especially such defects which can not be avoided by organisational or any other reasonable measure of remedy. Copyright markings, serial numbers as well as other characteristics serving purposes of identification of the program, may not be eliminated or changed. Any removal of copy protection or similar protective routine measures is prohibited without the knowledge and cooperation of Navideo.