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EULA

EULA


In order to use the enclosed ALK Technologies, Inc ('ALK') CoPilot Software (the "Software"), you must first agree to the End User Licence Agreement ('EULA') below. You may not use the Software if you do not accept the EULA. You can accept the EULA by: i) clicking to accept or agree to the EULA, where this option is made available to you by ALK in the Software; or ii) installing or actually using the Software. In so doing, you understand and agree that ALK will treat your use of the Software as acceptance of the EULA from that point onwards. You may not use the Software and may not accept the EULA if: i) You are not of legal age to form a binding contract with ALK, or ii) You are a person barred from receiving the Software under the laws of the United States or other countries including the country in which you reside or from which you access the Software.

By agreeing to the EULA, you acknowledge that i) ALK is not responsible for any Third Party content; ii) the Software may collect and use data for which ALK respects privacy rules; iii) for some features of the Software, you will need to have wireless internet and data connection enabled on your mobile device (using wireless internet may result in data charges from your mobile service provider for which ALK is not responsible); iv) ALK uses different Third Party map data suppliers; (to check which Map Data EULA applies to your Product, please refer to the "About Screen" of your Software); v) your use of this real time route guidance application is at your sole risk; and vi) location data may not be accurate.

When possible ALK has provided for your information a translation of the EULA. You agree that the translations are provided for your convenience only and that the English Language shall prevail and always be binding in case of conflict. ALK's terms and conditions on ALK’s website and any of ALK's associated pages are hereby incorporated by reference to the EULA and therefore form a binding agreement. We regularly update the EULA and the website and encourage you to visit those pages.

END-USER LICENCE AGREEMENT FOR COPILOT® SOFTWARE

Please read the following agreement ("Licence") carefully.

Acceptance: Installation or use of the enclosed Software on your device constitutes your acceptance of these terms. If you do not agree to the Terms of Use, you must immediately delete the Software from your device and destroy any copies you made of the Software and of any written materials relating to the Software, and promptly return the Software and, if bought as part of a package, any associated devices to your retailer for a refund.

Licence: ALK grants you, as an individual, a non-exclusive, non-transferable right and licence to install and use one copy of the Software on a single device at a time. If your Software includes CoPilot Central™, you may install and use the CoPilot Central™ portion on a different device than the CoPilot navigation portion. Your licence to use the Software is subject to you complying with the terms of this Licence. A licence is required for each installation of the Software. You may make one copy of the Software for backup purposes only.

Transfer: You are allowed to move your Software from one device to another only if a) the Software is installed on only one device at a time and b) the second device is running the same operating system as the original one. To Transfer your Software from one device to another, follow the deactivation method described on the Help Page at http://activate.alk.com. If for repair purposes or Read Only Memory ('ROM') changes, you are not able to follow the deactivation method, you will most likely encounter the Anti Piracy Protection implemented by ALK at your next Activation.

Anti-Piracy Protection: the Software may include product activation and other technology to prevent unauthorized use and copying. When provided with a Product Key Code, Google order number, or any other similar mechanism, you will need to activate your Software with the associated method in order to use it. If you try to activate an excessive number of times, the anti Piracy Protection may cause your Software to lock and prevent you from further activating your Software. Refer to our Help Page at http://activate.alk.com for more information about our Product Activation and Anti Piracy Protection.

Copyright: United States copyright law and international treaty provisions protect the Software and the data transmitted by the Software. You agree that no title to the intellectual property in the Software or the data is transferred to you. You further acknowledge that title and ownership rights will remain the exclusive property of ALK or its licensors, and you will not acquire any rights to the Software or the data except as expressly set out in this licence. You agree that any copies of the Software will contain the same proprietary notices that appear on and in the Software. The Copyright to the Software is held by ALK Technologies, Inc., 457 N. Harrison Street, Princeton, NJ 08540 USA. Full contact details are available at www.alk.com/alk

Prohibited Use: Unless you have ALK’s prior written permission, you may not (i) use, copy, modify, alter, or transfer the Software or accompanying documentation, except as expressly permitted in this Licence; (ii) translate, disassemble, decompile, or reverse engineer the Software

(iii) sublicense or lease the Software or its documentation; or (iv) use the Software in a multi-user or networked environment or on a rental basis or in a time-sharing or computer service business.

Limited Warranty: ALK warrants that the Software will perform substantially in accordance with the applicable documentation for a period of 30 days from the date of purchase. Any implied warranties relating to the Software are limited to such 30 day period provided that limitation is permitted by applicable law.

End-User Remedies: If the Software does not conform to the "Limited Warranty" above, ALK’s entire liability and your sole and exclusive remedy will be, at ALK’s option, either to (i) correct the error, or (ii) help you work around the error, or (iii) accept a return and issue a refund through your retailer. The Limited Warranty is void if failure of the Software has resulted from your fault, abuse, or misapplication. If we correct an error in the Software for you, then the unexpired portion of the Limited Warranty period as at the date you informed us of the error will apply to the corrected software once you have received the corrected version.

NO OTHER WARRANTIES : EXCEPT AS SET OUT IN THE LIMITED WARRANTY, ALK DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. ALK DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty may last, or an exclusion of incidental damages. This means the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights depending on your country.

No Liability for indirect loss: In no event will ALK be liable to you for any loss of profit, wasted time, lost business or for any incidental, or indirect loss of any kind arising out of the performance or use of the Software or the data, even if ALK has been advised of the possibility of such damages.

Privacy: ALK reserves the right (which it may from time to time exercise), to collect location based information on a basis that preserves your anonymity. We may use this information for support purposes, to develop new features and overall to improve the quality of ALK’s products and services. You may opt-out or switch-off of this functionality within the software. Although we aim to restrict the data flow to the minimum, you may incur data charges by using this feature or the Software. Please check with your data subscription charges with your mobile service provider. Roaming may also increase the data charges. ALK is not responsible for any subscription or data charges you may occur.

We take your privacy very seriously and will not share your details or personal information with any outside agency without your permission. For information about ALK’s data protection practices, please read ALK's privacy policy at http://www.alk.com/privacy.asp. This policy explains how ALK treats your personal information and protects your privacy, when you use the Software. You agree to the use of your data in accordance with ALK’s privacy policies.

Warning: Warning: The Software and the data are only a help for navigation. You must respect locally applicable traffic rules and regulations and use the Software with common sense. The reality observed on the road, and the traffic rules and regulations, always take precedence over the information provided by the Software or the data. You must always control your vehicle, and your speed. You must be able to react properly and execute every appropriate maneuver. You must adopt at all times a prudent and respectful behavior with respect to other vehicles and pedestrians. ALK shall not be held responsible for any information provided by the Software including, any map data, traffic data or any route calculation. Your use of this real time route guidance application is at your sole risk. Traffic and Location Data may not be accurate or timely.

Disclosure for optional content displayed in the Licensed Products for additional purchase: Traffic data, including historical traffic data, Fuel data, and any other are licensed as a subscription service which must be renewed annually for continued use.

Termination: Without prejudice to its other rights, ALK may terminate this Licence if you fail to comply with these terms and conditions. In that situation, you must destroy all copies of the Software.

Limitations on Export: You hereby expressly agree not to export or re-export the Software, in whole or in part, in violation of any export laws or regulations of the United States.

U.S. Government Restricted Rights: The Software is provided with restricted and limited rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the appropriate subparagraphs of the Commercial Computer - Restricted Rights clause at 48 C.F.R. 52.227-19 or in the appropriate subparagraphs of the Rights in Technical Data and Computer Software clause at 252.227-7013 of the Defence Federal Acquisition Regulations.

Choice of Law: For Products sold in North America: This Licence is governed by the laws of the State of New Jersey, USA. For all other Products: This Licence is governed by the laws of England.

Date: This EULA was last updated on April 16, 2011.

END USER LICENSE FOR SPEECH PLAYBACK

This license applies to the speech playback function included in your Software, if any.

Copyright © 2002, Xiph.org Foundation. Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS 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 FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT 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.

FOR ANDROID

Copyright 2011. ALK Technologies, Inc

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions

FOR SOFTWARE DOWNLOADED FROM APPLE APP STORE

All the Terms of the above EULA apply. In addition specific terms for the iOS Products apply below.

Scope of Licence: The license granted to You for the Software is limited to a non-transferable licence to use the Software on any iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Please refer to the App Store Terms of Service for more information.

Maintenance and Support: ALK is solely responsible for providing maintenance and support services with respect of the Software as required under applicable law. Apple has no obligation to furnish any maintenance and supports services with respect to the Software

Warranty: The above warranties apply. In the event of any failure of the Software to conform to the above applicable warranty, You may notify Apple and Apple will refund You the purchase price for the Software, to the maximum extent permitted by applicable law. ALK will not refund the Software. Apple will have no other warranty obligation whatsoever with respect to the Software and any other claims, liabilities, damages, costs or expenses attributable to any failure to conform to the warranty shall be ALK’s sole responsibility.

Product Claims: You acknowledge that ALK, not Apple, is responsible for addressing any of Your or any Third Party claims relating to the Software possession or use, including but not limited to i) product liability claim, ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, and iii) claims arising under consumer protection or similar legislation.

Legal compliance: You represent and warrant that i) You are not located in a country subject to a U.S Government embargo, or that has been designated by the U.S Government as a "terrorist supporting" country and ii) You are not listed on any U.S Government list of prohibited or restricted parties.

Intellectual Property Rights: You acknowledge that in the event of any claim that the Software or your possession and use of the Software infringes any Third Party Intellectual Property Rights ALK and not Apple shall be solely responsible for the investigation, defense, settlement and discharge of such Intellectual Property Infringement claim.

Third Party Beneficiary: ALK and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the E.U.L.A. upon Your acceptance of the terms and conditions of this E.U.L.A. Apple will have the right to enforce the E.U.L.A. against You as a third party beneficiary thereof.

END USER LICENSE AGREEMENT FOR NAVTEQ DATA

This licence applies to NAVTEQ data included in your Software, if any, as well as to NAVTEQ data you obtain separately that is formatted for use with your Software.

The data (" Data ") is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and ALK Technologies Inc. ("ALK") and its licensors (including their licensors and suppliers) on the other hand.

© 2011 NAVTEQ. All rights reserved.

Personal Use Only. You agree to use this Data together with COPILOT for the solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions. Except where you have been specifically licensed to do so by ALK, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.

Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.

No Warranty This Data is provided to you "as is," and you agree to use it at your own risk. ALK and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.

Disclaimer of Warranty. ALK AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability. ALK AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF ALK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. Export Control. You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

Entire Agreement. These terms and conditions constitute the entire agreement between ALK (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law The above terms and conditions shall be governed by the laws of the Netherlands, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the Netherlands for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.

END USER LICENSE AGREEMENT FOR ALK DATA

This license applies to ALK Data included in your Software, if any, as well as to ALK data you obtain separately that is formatted for use with your Software.

The data (" Data") is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and ALK Technologies Inc. (" ALK ") and its licensors (including their licensors and suppliers) on the other hand.

© 2011 ALK. All rights reserved.

Personal Use Only. You " means you as an End-user or as a "Company" on behalf of its End-Users which are subject to either a Non Disclosure Agreement as Employees or a License Agreement that contains the same restrictions as herein as a Value Added Reseller. Also as used in this EULA, "personal use" can also be understood in more general terms as for a Company’s use. You agree to use this Data together with COPILOT for the solely personal, noncommercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions. Except where you have been specifically licensed to do so by ALK, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.

Warning. The Data may contain inaccurate, untimely or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. The Data is based on official highway maps, the Code of Federal Regulations, and information provided by state governments and other licensors. It is provided without a warranty of any kind. The user assumes full responsibility for any delay, expense, loss or damage that may occur as a result of use of the Data.

No Warranty. This Data is provided to you "as is," and you agree to use it at your own risk. ALK and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.

Disclaimer of Warranty : ALK AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability : ALK AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF ALK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Export Control. You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

Entire Agreement. These terms and conditions constitute the entire agreement between ALK (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law. The above terms and conditions shall be governed by the laws of the State of New Jersey. The courts of the State of New Jersey shall have exclusive jurisdiction to settle any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder. You agree to submit to such jurisdiction.

Canada: DISCLOSURE FOR PRODUCTS CONTAINING CANADIAN POSTAL CODE AND/OR CANADIAN STREET-LEVEL DATA: Based on Computer File(s) licensed from Statistics Canada. © Copyright, HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Industry, Statistics Canada 2003-2011. ALK Technologies, Inc. is an Authorized User of selected Statistics Canada Computer File(s) and Distributor of derived Information Products under Licensing Agreement 6147. No confidential information about an individual, family, household, organisation or business has been obtained from Statistics Canada.