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Vexia · 1 - Vexia UK

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Legal contract<br />

Warning. Read closely. This Final User of software License Contract of CRAMBO S.A., and related<br />

documentation (the software) is annexed to the <strong>Vexia</strong> terrestrial navigation product.<br />

The installation or use of the Software provided with this agreement means that you hereby accept the<br />

terms of this agreement. Upon acceptance of this contract, CRAMBO grants you a non-exclusive use of<br />

the software in accordance with the terms below indicated. The functional character of this navigation<br />

Software requires that it be used in combination with other hardware and software devices supplied by<br />

CRAMBO.<br />

1. Concession of License Use: Hereby this agreement, CRAMBO grants you a license of non-exclusive<br />

use to use the Software for exclusively personal use.<br />

2. License Transfer: The client will be able to transfer his/her rights over the software license through sale<br />

of his/her equipment to a third party, being that all physical components of the product and the third party<br />

to whom the license was transferred to accepts the terms and conditions of this license in writing. At the<br />

same time, the original client must not keep a copy of none of the products components with license<br />

(including the software). CRAMBO as assigner reserves the right to reject technical support or repair of<br />

the product with license to people not registered with the assigner of the license.<br />

3. Use Restrictions. To the hereby agreement you accept: a) not to modify or create any product derived<br />

from the Software or its documents; b) not to decompile, disassemble, perform inverted reverse<br />

engineering or any other procedure which would allow you access to the code source-code of the<br />

software; c) to not make copies or distribute, sell or lease any part of the Software to a third party; and d)<br />

not to remove or alter any registered trade mark, logo or any other warning, inscription, symbol or label<br />

of property in the Software or its documents. Therefore, the receiver of this software license commits<br />

him/herself not to place, post or use any device which contains the software license in any way in which<br />

it could hinder or limit the user’s vision or cause distractions which could lead to accidents, personal<br />

damages or damages against the property or to allow any third party to do so. The receiver of this license<br />

or any user, to whom the receiver allows use of the product with the license will be the only person<br />

responsible to respect safe driving methods to avoid accidents, personal damages or damages against<br />

the property.<br />

4. Terms of Use. By accepting this license the user expressly states that he/she understands that the<br />

Software does not know the traffic conditions or the road characteristics or other particulars specific to<br />

driving, and simply offers recommendations on how to efficiently and/or economically use the vehicle. In<br />

accordance with the above, all recommendations offered by the Software are subject to driving safety,<br />

and the driver should ignore said recommendations when they compromise the safety of the driver,<br />

passengers, other drivers or pedestrians. The driver must always drive with the caution and diligence<br />

necessary to avoid any type of accident, complying with the specific traffic conditions, regardless of the<br />

recommendations offered by the Software for the more efficient and/or economic use of the vehicle. The<br />

user states and recognises that CRAMBO will not be held responsible for any type of damage incurred<br />

by actions taken by the user that are contrary to general standards of driving, exempting CRAMBO from<br />

all liability.<br />

5. Intellectual and industrial Property. All rights to the intellectual and industrial property of the Software<br />

and the attached documentation are property of CRAMBO. The enclosed Software along with the<br />

hardware and software devices which constitute the product are additionally protected by means of an<br />

international patent pending. The commercial trademarks VEXIA and ECONAV are property of CRAMBO.<br />

Any other commercial trademarks and/or references to different industrial models of VEXIA are property<br />

of registered ownerships (CRAMBO).The reference of the above industrial trademarks or models is done<br />

solely to inform the User about the adaptation of the product to each model of vehicle. The mapmaking<br />

inside the Software are property of Tele Atlas. This contract does not grant you any right over the<br />

Software and its related documentation. All rights not expressly granted in this agreement are reserved<br />

for CRAMBO.<br />

Limited Warranty<br />

CRAMBO guarantees that the Software will work substantially in compliance with the specifications<br />

contained in the attached documentation during a period of 90 days from the date of purchase of this<br />

license. CRAMBO does not guarantee the functioning of the Software in combination with other hardware<br />

and software not authorized by CRAMBO.<br />

Excluded from the present warranty are any faults originated from: 1) an inappropriate or inadecuate<br />

maintenance by the User: 2) non authorized modifications; 3) inappropriate use or functioning aside<br />

from the software specifications; 4) abuse, negligence, accident, loss or damage of the Software: 5)<br />

inadecuate installation; or 6) non-authorized repairing.<br />

Except for the previously indicated, CRAMBO WILL NOT ASUME ANY OTHER WARRANTY COMPROMISE,<br />

WRITTEN OR VERBAL, SPECIFIC OR IMPLIED.<br />

6. Responsibility limitation: In no case CRAMBO, its subsidiaries or suppliers, managers or employees<br />

will be responsible for any consequent damage (direct or indirect, incidental or consequential) or for any<br />

loss of benefits that could result from any fault of the Software, not even in the event that the possibility<br />

of damage or loss has been notified. CRAMBO excludes itself from any responsibility to third parties.<br />

CRAMBO’S total responsibility insofar it is declared legally responsible before the USER, will be limited to<br />

the amount paid for the Software by the User.<br />

7. Non fulfilment: The present license use will be automatically resolute without the necessity to notify<br />

non-fulfilment in the event that the User should break any at the conditions established in this agreement.<br />

In which case, the User must return the Software and the attached documentation, certifying the nonexistence<br />

of unauthorized copies.<br />

8. Data/Information and Privacy. The User accepts that the data obtained by entreaty be included in a<br />

data base ownership of CRAMBO with the aim to ensure the fulfillment derived from the present terms<br />

and conditions.<br />

In like manner, the client accepts that the data may be used for marketing and sales purposes and that<br />

CRAMBO may share the data with other companies of its same group with the same purpose. If you wish<br />

to exercise the rights of access, rectification and cancellation you may do so in writing to Crambo S.A.<br />

Avda. Del Sol, 11, 28850, Torrejón de Ardoz (Madrid).<br />

CRAMBO will not compile or use any of the Users information related to journeys, places visited or<br />

whereabouts except by specific authorization of the User.<br />

9. Legislation, Authority and General Stipulations. The present agreement will be governed by Spanish<br />

Law, excluded the application of conflicts of law. The U.N. Convention is expressly excluded from<br />

international buying and selling contracts of commodities.<br />

Any conflict or litigation which could arise as a consequence of the interpretation and or application of<br />

the clauses of the hereby contract will submit to the knowledge and sole powers of the Courts of Madrid<br />

Capital.<br />

If any disposition of the present contract is not in accordance with the legislation or could not be applied<br />

in virtue of the legislation such disposition will be limited in necessary measure for it to be in conformity<br />

with the legislation and be applicable in virtue to the legislation.<br />

34 <strong>·</strong> <strong>Vexia</strong> <strong>Vexia</strong> <strong>·</strong> 35

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