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ALK Technologies, Inc. LICENSE AGREEMENT
CoPilot | Pocket PC 5 with AUSTRALIAN DATA
LICENSES: 1 User
THIS IS A LEGAL AGREEMENT BETWEEN YOU,THE USER (either an individual
or an entity),AND ALK Technologies, Inc. ("ALK"). IF YOU DO NOT AGREE TO
THE TERMS OF THIS LICENSE, DO NOT INSTALL THE SOFTWARE. Promptly
return the package and accompanying materials (including written materials and
containers) to the dealer from which you obtained them for a full refund.
INSTALLING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THE
TERMS OF THIS LICENSE.
1. Grant of License:
This ALK License Agreement ("License") is a single-user, non-exclusive, non-trans-
ferable license agreement and not an agreement for sale.ALK hereby licenses the
on-line User Guide and CD-ROM software identified above (collectively, "the
Software") to you under the following terms and conditions.
The Software may not be loaded onto a network of any type. You may use the
Software on any compatible personal computer, provided you use it on only one
computer at a time. The Software is "in use" on a computer when it is loaded
into the temporary memory (i.e., RAM) or installed into the permanent memory
(e.g., hard disk, CD-ROM, or other storage device) of that computer. If the
Software is permanently installed on the hard disk or other storage device of a
computer (other than a network server) and one person uses that computer
more than 80 percent of the time it is in use, then that person may also use the
Software on a portable or home computer. You may make a single back-up or
archival copy of the Software for back-up purposes only. You may not transfer
this Software or assign this License Agreement to another party.
You are NOT permitted, during the term of this License Agreement and there-
after to:
Use the Software on a network or file server.
Use or copy the Software or the accompanying documentation except as pro-
vided in this License Agreement.
Alter, merge, modify, or adapt the Software or the accompanying documentation
in any way including disassembling or decompiling this Software.
Loan, lease, sell, transfer, or sublicense the Software or the accompanying docu-
mentation.
Copy, loan, lease, sell, transfer, or sublicense any output of this Software (includ-
ing but not limited to printed maps and driving itineraries); However, you may
provide a limited number of printed copies (up to 10) of a single trip to family
members or traveling companions.
You are not permitted to use the Software for motor-carrier tariff or routing
purposes.
Electronic reproduction and transmission of output to remote locations are
not permitted.
ALK retains all rights not expressly granted. Nothing in this License Agreement
constitutes a waiver of ALK's rights under the U.S. copyright laws or other appli-
cable copyright laws or any other federal or state law.
2.Term:
This License is effective upon receipt by you of the Software and upon opening
the package. The License is effective until terminated. You may terminate this
License at any time by returning all copies of the Software, and any portions
thereof, to ALK. The License terminates automatically if you fail to comply with
any of the terms of this License Agreement. You agree upon such termination to
return or destroy this CD-ROM and all other copies of the Software and certify
in writing to ALK that you have done so.
3. Limited Warranty:
ALK warrants that all media on which the Software is furnished shall, for a period
of 90 days from delivery (the "Warranty Period") be free, in normal use, from
defects in material and workmanship. ALK will have no responsibility to replace
any disc(s) that have been damaged by accident, abuse, or misapplication.
Customer Remedies:ALK's entire liability and your exclusive remedy shall be, at
ALK's option, either (a) return of the price paid or (b) replacement of the media
that does not meet ALK's Limited Warranty, and that is returned to ALK with a
copy of your receipt.
Except as specifically provided above,ALK MAKES NO OTHER WARRANTY OR
REPRESENTATION, EITHER EXPRESS OR IMPLIED,WITH RESPECT TO THE
SOFTWARE OR DOCUMENTATION, INCLUDING ANY WARRANTY AS TO
THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT WILL ALK BE LIABLE FOR DIRECT
DAMAGES IN EXCESS OF THE LICENSE FEE OR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL
ALK'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE.
While the information contained in the Software was believed to have been cor-
rect at the time of publication,ALK cannot guarantee its accuracy and shall not
be subject to liability for any errors or omissions. Information in the Software
and its accompanying preprinted materials is subject to change without notice
and does not represent a commitment or endorsement on the part of ALK.
Routes and miles generated by the Software are not suitable for commercial
truck use.
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND
IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. No
ALK dealer, distributor, agent, or employee is authorized to make any modi-
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