CompeGPS AIR distribution permissions and end-user license agreement

COMPEGPS END USER LICENSE AGREEMENT “EULA”

IMPORTANT: THIS END USER LICENSE AGREEMENT (“EULA”) CONSTITUTES THE LEGAL AGREEMENT BETWEEN YOU AND COMPEGPS TEAM, SL FOR THE SOFTWARE COMPEGPS AND RELATED MATERIALS AND DOCUMENTATION (“PRODUCTS”). PLEASE READ THIS CAREFULLY BEFORE THE INSTALLATION AND USE OF THE PRODUCTS. BY INSTALLING OR RETAINING THE PRODUCTS FOR MORE THAN TEN (10) DAYS YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, PRESS THE “CANCEL” BUTTON, DO NOT PROCEED WITH THE INSTALLATION OF THE PRODUCTS AND RETURN THE UNUSED PRODUCTS TO THE PLACE WHERE YOU BOUGHT THEM WITHIN TEN (10) CALENDAR DAYS OF RECEIPT FOR A FULL REFUND OF THE AMOUNTS PAID FOR THE PRODUCTS. IF YOU PURCHASED THE PRODUCTS DIRECTLY FROM COMPEGPS TEAM, S.L., REFER TO THE COMPANY’S WEB SITE AT “www.compegps.com” FOR RETURN INSTRUCTIONS. IF COMPEGPS TEAM, S.L. PROVIDES YOU WITH AN UPDATE TO ANY PRODUCT FURNISHED UNDER THIS EULA, YOU AGREE TO DESTROY THE PREVIOUS VERSION PRODUCT WITHIN A REASONABLE TIME AND USE ONLY THE PRODUCTS’ UPDATED VERSION.

CompeGPS Team, S.L. (Barcelona, Spain), is the owner of all the exploitation rights of the software, the documentation attached hereto and the trademark “CompeGPS”. The purchaser and/or user (from now on, “User”) does not receive any copyright of the Products. The Product is licensed, not sold.
The software may only be installed in machines which comply with the following requisites: The Operation System where the software is executed MUST be Windows 95, 98, Millenium, NT 4, 2000 o XP in any of its versions. The PC must comply with the minimum requisites of the installed Operation System and have Internet access.
With the payment of the price the User obtains non exclusive and non-transferable, limited right to the Products under what’s established in this license:


1) INSTALLATION OF THE SOFTWARE: The User will be able to install the software just in one computer but is hereby authorised to carry out a second installation in a portable computer for the User’instructions of how to exercise the warranty right.

Both the program and the documentation have been prepared with the maximum care and have been reviewed with the most advanced technique. CompeGPS Team, S.L. does not give any warranty, express or implied, nor assumes any liability for the quality, performance or viability of the Products. To the maximum extent permitted by the applicable law, CompePGS Team, SL and its Authorised Distributors will not be liable for any special, incidental, indirect or consequential damages, of any nature, (including, among others and without limitation, damages for loss of business profits, business interruption, or any other pecuniary loss) arising out of the use or inability to use the Products. In any case, CompeGPS Team, SL’s entire liability will be limited to the actual price paid by the User for the license of the Products.

CompeGPS Team, S.L. will not be liable in case of loss or damage to the hardware, software or data, arising out of the use of the Products.

The limitation of warranty and liabilities will be applied to the maximum extent permitted by the applicable law.


4) OTHER ISSUES:
Some functions of the software may require connection to web pages of third parties, not linked to the structure of CompeGPS Team, SL. Such is the case for the download of maps. CompeGPS Team, SL does not guarantee the quality, accuracy nor reliability of the contents of third parties’ web pages. If the User downloads or uses contents of third parties web pages, the User shall abide with the terms of use established in each case and such use shall be at the User’s sole risk.

The information contained in this document and in the Products may be modified without need of notification for reasons of technical advances. CompeGPS Team, SL reserves the right to modify and eliminate functions and characteristics of the Products.

This EULA will be governed by the laws of Spain. Any dispute arising from the execution or interpretation of this EULA will be submitted to the Courts of the city of Barcelona. The Parties expressly waive any other competent forum to which they may be entitled.

If any term or condition of this EULA is deemed void and unenforceable, the remainder of the text shall remain valid and enforceable.

Windows is a registered trademark of Microsoft Corporation. Others may be trademarks of the corresponding owner.



Notice to the Users of the Evaluation Software Version

The User has 30 days of trial of the Products, starting from the moment of installation. Once the trial period is over, the User will either purchase a license via CompeGPS Team, SL’s web page or proceed to the destruction of the Products. The trial version has functional limitations with respect to the full version. Once the trial period is over, the Products may work with functional problems or even cease to work. CompeGPS Team, SL will not be liable for any direct or indirect damage arising from the use of the Evaluation Software Version.

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