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THE PRODUCT. THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT
(this "Agreement") GOVERN YOUR (OR AS APPLICABLE, YOUR COMPANY'S) USE OF THE
SOFTWARE. IVONA SOFTWARE Sp. z o.o. ("IVONA") IS WILLING TO LICENSE THE
SOFTWARE TO YOU (OR AS APPLICABLE, YOUR COMPANY) ("you", "your") ONLY UPON
THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU HAVE INDICATED THAT
YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND ACCEPT ALL OF ITS TERMS.
IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, THEN IVONA IS
UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST REFRAIN FROM USING
THE SOFTWARE IN ANY MANNER WHATSOEVER.
1. Definitions.
1.1. "Affiliate" means with respect to IVONA, any entity that directly or indirectly
controls, is controlled by, or is under common control with IVONA.
1.2. "Product" means your personal navigation device that incorporates, embeds,
or uses the Software.
1.3. "Software" means the IVONA software, in object code only that is incorporated
or may be incorporated in the Product, together with any and all certificates of
authenticity and associated media, printed materials and online or electronic
documentation.
1.4. "Speech" means an audio output generated by use of the Software and/or the
audio containing such output.
1.5. "Updates" means, collectively, all bug fixes, enhancements, new releases, new
versions, modifications, revisions, updates and/or upgrades to the Software
made available to you by IVONA or its designated agents.
2. Grant of License. Subject to your compliance with the terms and conditions of this
Agreement, IVONA grants you a personal, limited, nonexclusive, terminable license to
install, access, and use the Software solely as incorporated into the Product. This
Agreement does not allow you to use the Software on any other product or Product
that you do not own or control. You are not permitted to use the Software in any
manner not expressly authorised by this Agreement. You are permitted to use the
Speech solely with the Product and for no other purpose.
3. Third Party Programmes, Materials and Services. You acknowledge that the
Software may contain third party programs that are subject to separate license terms.
You agree to review the third party programs notice file included with the Software
for the terms that apply to your use of such third-party programs and agree to abide
by all such terms. The Product and/or Software may enable access to third party
services and web sites (collectively and individually, "Services"). Use of the Services
may require Internet access and that you accept additional terms of service.
You understand that by using any of the Services or the Product, you may encounter
content that may be deemed offensive, indecent, or objectionable, which content
may or may not be identified as having explicit language, and that the results of any
search or entering of a particular URL may automatically and unintentionally generate
links or references to objectionable material. Nevertheless, you agree to use the
Services at your sole risk and that neither IVONA nor its designated agent shall have
any liability to you for content that may be found to be offensive, indecent, or
objectionable. Certain Services may display, include or make available content, data,
information, applications or materials from third parties ("Third Party Materials") or
provide links to certain third party web sites. By using the Services, you acknowledge
and agree that IVONA is not responsible for examining or evaluating the content,
accuracy, completeness, timeliness, validity, copyright compliance, legality, decency,
quality or any other aspect of such Third Party Materials or web sites.
IVONA and its designated agents do not warrant nor endorse and do not assume and
will not have any liability or responsibility to you or any other person for any Services,
Third Party Materials or web sites, or for any other materials, products, or services of
third parties. Third Party Materials and links to other web sites are provided solely as a
convenience to you.
4. Restrictions. You will not (a) transfer, sublicense, rent, lease, lend, distribute, upload
to any website, host in any manner, make available over a network where it could be
used by multiple devices at the same time or sell the Software or any part of it or
enable others to do so; (b) disclose or otherwise provide any part of the Software to
any third party; (c) use the Software or Speech for any purpose other than as a part of
the Product and solely for personal navigation; or (d) use Speech in any form or
format that causes deterioration of the playback quality of Speech, as compared to
the original version of Speech generated by the Software. You will not use the
Software for any unlawful purposes or in a manner that: (i) may be considered
sexually explicit, vulgar, profane, offensive or obscene, defamatory, slanderous,
religiously or racially offensive or otherwise promoting hate towards individuals or
groups, promoting terrorist or other criminal activities; or (ii) infringes anyone else's
intellectual property rights or rights or privacy. Except as expressly permitted herein,
you will not distribute Speech, in any manner, including, but not limited to, in the
form of audio files, as a part of applications, materials or multimedia works created by
or for you or otherwise transmit, rent, resell, lease or lend Speech to any third party.
You will not market or distribute the Software with any software or other materials
that are subject to licenses or restrictions (e.g., open source software licenses) that,
when used with the Software, may require IVONA, its designated agent or any other
person or entity to (1) disclose, license, distribute or otherwise make all or any part of
the Software available or (2) to make the Software (or any intellectual property rights
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