IMPORTANT, READ CAREFULLY.

  1. THIS END-USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND GPS TUNER KFT. (“GPST”) and applies to the computer software which this AGREEMENT is provided with, and includes any accompanying printed materials and any on-line or electronic documentation, whether on disk, in read only memory, on any other media or in any other form (“SOFTWARE”). This Agreement is a legal and enforceable contract between YOU (“YOU” or „USER”) and GPST.
  2. BY CLICKING THE CHECK MARK (‘OK’), EXECUTING A WRITTEN COPY OF THIS AGREEMENT OR BY INSTALLATION, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHALL NOT BE ENTITLED TO USE THE SOFTWARE.
  3. This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold to YOU.
  4. GPST expressly reserves all rights not expressly granted to YOU.
  5. Subject to the terms and conditions set out herein, the SOFTWARE may be used for and related to navigation, positioning and orientation together with various abilities, capabilities and adjacent features.
  6. THE SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS. YOU ARE ADVISED NOT TO RELY ON THIS SOFTWARE, TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
  7. The SOFTWARE is not designed or licensed for use in mission-critical applications, or in hazardous environments, requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, or life support or weapons systems.
  8. YOU should be aware that the SOFTWARE uses GPS technology, and is not fail-safe or reliable for navigation purposes.
  9. This SOFTWARE shall not be used by any government entity.

LICENSE

  1. Under this AGREEMENT, subject to the terms and conditions set out herein, GPST grants to USER a non-exclusive, non-transferable license without right of sublicense (“LICENSE”), to use the SOFTWARE, provided that the SOFTWARE is combined with a hardware device and is only combined with one hardware device at any time.
  2. The LICENSE applies to any SOFTWARE error corrections, updates and upgrades subsequently provided to YOU by GPST, unless such products are provided under different license terms and conditions governing their use.

PERMITTED USE

  1. The LICENSE permits YOU the use of the SOFTWARE as follows:
    • install, activate and use the SOFTWARE on one hardware device;
    • make one copy the SOFTWARE in machine-readable form, solely for back-up or archival purposes, provided YOU reproduce all copyright notice and proprietary legends.

USE RESTRICTIONS

  1. The LICENSE granted under this AGREEMENT is restricted, and YOU are only granted the rights set out above. YOU are not permitted to
    • analyse, modify, translate, adapt, reverse engineer, decompile, disassemble, or otherwise reduce the SOFTWARE to a perceivable form;
    • create derivative works based on the SOFTWARE or any part thereof, or attempt to increase the functionality of the SOFTWARE in any manner;
    • copy the SOFTWARE (except for back-up purposes), reproduce through any electronic or mechanical means, and distribute copies – any unauthorized copying is expressly prohibited;
    • rent, lease, resell, or otherwise transfer rights to the SOFTWARE;
    • remove or obscure any copyright or proprietary notices or labels in the SOFTWARE.
    • perform, broadcast, display or present the SOFTWARE in public.

SUPPORT

  1. YOU hereby acknowledge that GPST is not obliged to provide YOU with any support to this SOFTWARE.
  2. Notwithstanding the above, YOU should regularly check www.gpstuner.com for any updates, upgrades, patches or fixes made available. GPST shall in no event be responsible for the consequences of YOUR failure to update, upgrade, fix or patch the SOFTWARE.

COPYRIGHTS

  1. GPST retains the title, ownership rights, intellectual property rights, and trade secrets in and to the SOFTWARE, including all subsequent copies and updates to the SOFTWARE, regardless of the form or media used.

THIRD PARTY SOFTWARE

  1. The SOFTWARE uses third party material (software and/or products). The use of third party materials included in the SOFTWARE may be subject to other terms and conditions, including GPL licenses. The official copyright notices and specific license conditions of such third party materials are attached to this AGREEMENT and/or are accessible at: www.gpstuner.com
    • 7zip – 7-Zip Copyright © 1999-2011 Igor Pavlov
    • Freetype – Portions of this software are copyright © 2011 The FreeType. Project (www.freetype.org). All rights reserved. http://git.savannah.gnu.org/cgit/freetype/freetype2.git/plain/docs/FTL.TXT
    • LibGif
    • Libjpeg
    • Libjpeg2000 – Copyright © 2002-2007, Communications and Remote Sensing Laboratory, Universite catholique de Louvain (UCL), Belgium
    • Copyright © 2002-2007, Professor Benoit Macq
    • Copyright © 2001-2003, David Janssens
    • Copyright © 2002-2003, Yannick Verschueren
    • Copyright © 2003-2007, Francois-Olivier Devaux and Antonin Descampe
    • Copyright © 2005, Herve Drolon, FreeImage Team All rights reserved.
    • LibPng
    • Lua – Copyright © 1994–2011 Lua.org, PUC-Rio.Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
    • OpenSSL – Copyright © 1998-2011 The OpenSSL Project. All rights reserved. This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/). THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT “AS IS” AND ANYEXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUTNOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
    • Qt5 – The Qt Toolkit is Copyright © 2013 Digia Plc and/or its subsidiary(-ies) and other contributors. Qt5 is used in the free desktop application solely and therefore is licensed under GNU GPL 3.0. See the details under: http://qt-project.org/doc/qt-5.0/qtdoc/gpl.html
    • © OpenStreetMap contributorsOSM data is available under the Open Database Licencewww.openstreetmap.org/copyright
    • © OpenSeaMapData is available under the Open Database Licensehttp://www.openseamap.org/index.php?id=imprint&L=1
    • © OpenPisteMapData is available under the Open Database Licensehttp://openpistemap.org
    • ZlibThe above copyright notices (if any) need to be included in the final documentation of the product. All are free to use for commercial purposes also.

    Please read all third party materials in their entirety. YOU hereby expressly agree to the terms and conditions of such third party materials. Should YOU not agree with any of the terms or conditions of such third party materials, YOU are not entitled to use the Software. The title, ownership rights, and intellectual property rights in and to the content accessed through the SOFTWARE is the property of the applicable content owner and may be protected by applicable copyright or other law. This LICENSE gives YOU no rights to such content. Tele Atlas, and other content ownership rights, intellectual property rights, and trade secrets in and to the GPS technology and MAPS used with the SOFTWARE, according to their own user license agreements.

    All names, brands, trademarks images, and logos identifying third parties and their information, products and services are the exclusive property of such third parties. Copying or use of such names, brands, trademarks, images and logos is not permitted without the prior approval of the relevant trade mark and/or copyright owner.

DISCLAIMER, LIMITATION OF LIABILITY

  1. GPST does not represent or warrant that the SOFTWARE operates correctly and error-free. To the maximum extent permitted by applicable law, GPST provides YOU with the SOFTWARE “AS IS AND WITH ALL FAULTS”, and hereby disclaim any warranty, express or implied (either in fact or by operation of law), with respect to the SOFTWARE, either as to merchantability, fitness for particular purpose, or any other matter which are expressly excluded. USER acknowledges and agrees that the SOFTWARE has not been tested or certified by any government agency or industry regulatory organization or any other third party organization. In no event shall GPST be held liable for, liabilities or obligations for damages, including but not limited to special, indirect, or consequential damages or loss of use, revenue, or profits in connection with or arising out of this AGREEMENT or any breach of this AGREEMENT by GPST or the existence, furnishing, functioning, or any use of the SOFTWARE. GPST’s sole remedy for liability of any kind, including negligence, with respect to the SOFTWARE, whether the claimed liability is based on a defect, either discoverable or latent, in the SOFTWARE, shall be limited to the remedies provided in this AGREEMENT. Any other representations or warranties made by any person, including employees or representatives of GPST, which are inconsistent herewith shall be disregarded by USER and shall not be binding upon GPST, if any product model or sample was shown to USER, such model or sample was used merely to illustrate the general type and quality of the product and not to represent that the SOFTWARE would necessarily conform with such model or sample. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY GPST OR ON ITS BEHALF SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY, AND USER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.
  2. Any liability of GPST towards USER shall be void if any damage to SOFTWARE is caused by accident, transportation, neglect or misuse, alteration (which shall include, but not be limited to, any deviation from the specifications), any unauthorised modification or enhancement of the SOFTWARE, failure to maintain a suitable operating environment, or the use of the SOFTWARE for other than the specific purpose for which it was designed.
  3. In no event shall GPST be liable for any third party materials, database and/or their content, including all implications arising from such error or malfunction related to database.
  4. Provision of the SOFTWARE under this AGREEMENT shall not create any obligation for GPST to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop SOFTWARE either to YOU or to any other party.

TERMINATION

  1. GPST shall be entitled to terminate this AGREEMENT with immediate effect if YOU fail to comply with any of its terms and conditions. In such event, YOU must irreversibly destroy all copies of the SOFTWARE and all of its component parts. The provisions of this AGREEMENT in relation to confidential information, disclaimer of warranties, limitation of liabilities, copyrights and rights in intellectual property shall survive any termination. GPST reserves the right to discontinue any of its services under or in connection with this AGREEMENT.

CONFIDENTIAL INFORMATION

  1. USER shall hold in confidence all confidential information disclosed to USER in connection with this AGREEMENT, including, without limitation, information concerning the SOFTWARE, GPST, any legal, financial and technical information, and any information which can be obtained by examination, testing or analysis of the SOFTWARE. USER shall use reasonable diligence in order to prevent the unauthorized disclosure or reproduction of such information.

PRIVACY

  1. YOU hereby grant YOUR consent to the use of YOUR personal details, personally identifiable data by GPST to the following extent:
    1. GPST and its affiliates may collect and use technical information gathered as part of any services provided to YOU, if any, related to the SOFTWARE. GPST and its affiliates may use this information solely to improve our products or to provide customized services or technologies to YOU and will not disclose this information in a form that personally identifies YOU.
    2. unless agreed otherwise, the personally identifiable information provided by YOU to GPST will not be used but for purposes of registration, statistics and copyright protection;
    3. unless agreed otherwise, GPST will not transfer YOUR personally identifiable data to any third party;
    4. GPST may deliver to YOU highly relevant commercial offers in many ways including but not limited to the following: products and services of GPST and its commercial partners.

MISCELLANEOUS PROVISIONS

  1. YOU expressly acknowledge that YOU are not entitled to transfer, export or re-export the SOFTWARE to any country, person, or entity (including, but not limited to Cuba, Iran, Libya, North Korea, Sudan and Syria, or to any national or citizen of any such country, wherever located, who intends to transmit or transport the SOFTWARE to such country) subject to embargo or export restrictions of either the European Union or the United States of America. For further information in relation to this restriction, please seek advice from the relevant governmental agencies of the European Union or the United States of America. Additional information can be found at http://ec.europa.eu/ and http://www.bis.doc.gov/.
  2. YOU also agree that YOU will not use the SOFTWARE for any purposes prohibited by law.
  3. This LICENSE and AGREEMENT may be subject to the statutory laws in YOUR jurisdiction, and shall be applicable to the extent as permitted by such laws. In any jurisdiction that have implemented the EEC Software Directive, the restrictions and terms of this LICENSE are subject to such exceptions as may be required by local law.
  4. This AGREEMENT (including any addendum or amendment which is included with the Software) and any other terms and conditions, if applicable, is the entire agreement between YOU and GPST. This AGREEMENT supersedes all prior or contemporary oral or written communication, offers, declarations and representations in relation to the SOFTWARE. Should any part or provision of this AGREEMENT qualify as invalid, void, not enforceable or against statutory laws in the relevant jurisdiction, such fact shall not have any effect on any other part or provision of this AGREEMENT, which shall continue with unchanged force and effect and the invalid, void, not enforceable or unlawful provision shall be interpreted so as to best accomplish the objectives thereof within the limits of applicable law. The English version of this AGREEMENT is the governing language version, and any translations thereof are provided to YOU for YOUR convenience only. This AGREEMENT and any disputes arising out of or in connection with this AGREEMENT and/or the SOFTWARE shall be governed by the Hungarian law, and shall be resolved by the competent Courts of Hungary. The failure of GPST to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
  5. Should YOU have any questions in relation to this AGREEMENT, please contact GPST at the e-mail address as follows: legal@gpstuner.com

Copyright © 2015 GPS Tuner Kft. All rights reserved. GPS Tuner, GPS Share, MAP Tuner are registered trademarks and/or brands of GPS Tuner Kft.