End user license agreement

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IMPORTANT: THIS END USER LICENSE AGREEMENT (EULA) IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND COMPEGPS TEAM S.L. FOR THE TWONAV SOFTWARE (TWONAV/LAND/AIR) AND RELATED DOCUMENTATION AND MATERIALS (”PRODUCTS”). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION AND USING THE PRODUCTS. BY INSTALLING THE PRODUCTS OR KEEPING THEM IN YOUR POSSESSION FOR TEN (10) DAYS, YOU EXPRESS YOUR CONFORMITY AND AGREEMENT WITH THE TERMS OF THIS CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON “CANCEL”, DO NOT INSTALL THE PRODUCTS AND RETURN THEM TO THE PLACE OF PURCHASE WITHIN TEN (10) CALENDAR DAYS FROM THE PURCHASE DATE FOR A FULL REFUND. IF YOU PURCHASED THE SOFTWARE DIRECTLY FROM COMPEGPS TEAM S.L., GO TO THE WEBSITE www.twonav.com FOR RETURN INSTRUCTIONS OR SEND A REQUEST TO https://support.twonav.com REQUESTING SAID INSTRUCTIONS. IF COMPEGPS TEAM S.L. PROVIDES AN UPDATE TO ANY PRODUCT COVERED UNDER THIS EULA, YOU AGREE TO DESTROY THE PREVIOUS VERSION WITHIN A REASONABLE TIME PERIOD AND TO USE ONLY THE UPDATED VERSION OF THE SOFTWARE.

COMPEGPS TEAM S.L. (Barcelona, Spain) is the owner of all the usage rights for the software, its accompanying documentation and the TWONAV brand. The buyer and/or user (hereinafter, “User”) do not acquire any ownership rights to said software, documentation or brand. The products are licensed, not sold. The software can only be installed on a computer that satisfies the following requirements:

1. The software MUST be run on the following operating system:

• Windows: XP (Service Pack 3) or higher
• Mac: OS X 10.6.8 or higher

2. The devices must comply with the minimum requirements for the operating system installed and have an Internet connection.

Important: You accept all responsibility if using this application for navigation. Localisation data may not be exact.

By paying for the products, the User receives a limited, not exclusive and non-transferable right to use the products as specified in this licence.

1. SOFTWARE INSTALLATION:

• The User can only install the software on one computer system (PC, PDA or mobile telephone, as appropriate), as determined by the internal parameters used to uniquely identify each device: HD ID for PC software, Pocket PC ID for PDA software, and IMEI for mobile telephone software. Any changes to these identifiers (due to malfunction, formatting of the device or another reason) shall terminate the licence on said device and exempt COMPEGPS TEAM S.L. from any related responsibility or obligation. A second installation is authorised for software for PC (TwoNac/Land/Air) for exclusive use on a portable device. If the User wants to install the software on several computers or on a server, he/she must purchase from COMPEGPS TEAM S.L., either through the website or via an authorised distributor, an additional licence for each computer on which the software is installed or used. Six months after a licence is purchased, the user may ask COMPEGPS TEAM S.L. to modify the licence so it can be associated with a new device (identifier) once it is uninstalled from the previous device. To do so, the user must obtain the relevant forms, available at https://support.twonav.com, and return them properly filled out.
  Six months after the last licence modification, the user may request another, following the same procedure, after which only one device may have the software installed on it (two in the case of PC software).
• The user acquires a licence that allows access to the current version (considering the date of purchase) of the software, including any updates to it that may be available to download from www.twonav.com. “Version” refers to an important upgrade to the program’s features and is indicated by the first number shown immediately after the program’s name. “Update” refers to a minor change to the program’s features and is indicated by the second number shown after the program’s name (to the right of the decimal point). Example: For Land 6.32, the version number is 6 and the 32 refers to the 32nd update to version 6.

2. PERMITTED USES:

The User may not decompile, modify, translate or reverse engineer the software. The software must not be separated into individual parts. The User is allowed to make a backup copy of the software. Any such backup must leave all alphanumeric codes, brands, copyright notices and other references to COMPEGPS TEAM S.L. and TWONAV intact. The documentation must not be reproduced. The User must not provide the software to third parties without authorisation from COMPEGPS TEAM S.L., and specifically must not rent, sell, lend or sublicense it. Without prejudice to other rights, COMPEGPS TEAM S.L. has the right to terminate this EULA and refuse to send the Products if the User fails to comply with his/her payment obligations. This EULA shall be terminated immediately if the User violates any substantive right specified herein. In these cases, the User must return to COMPEGPS TEAM S.L., or to any of its authorised distributors, all copies of the Products in his/her possession, or destroy any copies.

3. WARRANTY AND LIABILITY LIMITS:

COMPEGPS TEAM S.L. guarantees that the medium containing the software is free from material and manufacturing defects for thirty (30) days following the date on which it is received. If the medium fails during the warranty period for reasons associated with the manufacture of the medium, COMPEGPS TEAM S.L. will replace the defective medium free of charge. To report defects in the medium, the User must go to the distributor from which it was purchased or consult the COMPEGPS TEAM S.L. website for details on filing a warranty claim. Both the software and its documentation were created with the utmost care and were verified to be free from defects using the most advanced techniques. COMPEGPS TEAM S.L. does not expressly or implicitly guarantee, or accept any liability for the quality, performance or viability of the Products. To the maximum extent allowed by the applicable laws in each country, under no circumstances shall COMPEGPS TEAM S.L. or its authorised distributors be liable for special, incidental, indirect or consequential damages of any kind (including but not limited to lost profits, business interruption or any other financial losses) that may be associated with the use or inability to use the Products. In any case, the liability of COMPEGPS TEAM S.L. shall be limited to the price paid by the User for the licence. COMPEGPS TEAM S.L. shall not be liable for the loss of or damage to hardware of software as a consequence of using the Products. The warranty and liability limits shall apply to the maximum extent allowed by the applicable law.

4. OTHER:

Some software features may require connecting to third-party websites not related to COMPEGPS TEAM S.L. This is the case, for example, when downloading maps. COMPEGPS TEAM S.L. is not responsible for the quality, accuracy or reliability of the content on third-party websites. If the User downloads or uses content from third-party websites, he/she must comply with the terms of use specified therein, for which he/she accepts full responsibility. The information contained in this document and in the Products is subject to change without notice for technical reasons. COMPEGPS TEAM S.L. reserves the right to modify or delete features and characteristics of the Program. This EULA shall be interpreted in accordance with Spanish law. The Parties shall submit any disputes arising between them to the exclusive jurisdiction of the Courts of the city of Barcelona. If one or more parts of this EULA is declared illegal or not applicable, the remaining parts shall remain in effect. Windows is a registered trademark of the Microsoft Corporation. All other trademarks are the property of their respective owner.

Notice for Users of the Software in trial mode

If the user does not have the associated licence for the program, it will work in trial mode. In this case, the user has a trial period of thirty (30) days for the Products from the data of installation. Once this trial period ends, the User must purchase a licence from the COMPEGPS TEAM S.L. website or uninstall the Products from his/her device. The TwoNav trial version has a limited functionality that is not present in the full version. Once the trial period ends, the Products may stop working and/or exhibit serious operational problems. COMPEGPS TEAM S.L. shall not be liable for any direct or indirect damage caused by trial Products.