Vexia · 1 - Vexia UK
Vexia · 1 - Vexia UK
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 />
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