End User License Agreement
Please read the terms and conditions carefully. By installing, copying,
or otherwise using this software product, you agree to abide by these
terms and conditions. If you do not agree to the terms of this license,
promptly return the unused software product for a full refund of the license
fee paid.
1. License and Restrictions
The software on this disk, together with any accompanying documentation
(collectively, the Software Product), is the sole property of Northport
Systems Inc. This license allows you to use the Software Product on two
personal computers or workstations only and one handheld device, for your
own use. The accompanying data contained on the Fugawi Data Pack (if any)
is licensed for you to use on one personal computer or workstation only.
You are permitted to make one copy solely for backup or archival purposes
or you may transfer the Software Product to a single hard disk in which
case the one copy may be kept solely for backup or archival purposes.
The Software Product may not be decompiled, reverse engineered, or modified
in any way. You may not electronically transfer or copy the Software Product
from one computer to another or over a network. You may not separate the
components of the Software Product for use on more than one computer.
You may not rent or lease the Software Product. This license is not transferable.
The Software Product is licensed to you for use as a general
position locator, subject to the accuracy limitations of GPS signals,
errors in digital maps, and errors in integrating the maps with the GPS.
The Software Product is not intended and is not licensed to you for purposes
of steering or guiding a moving vehicle, boat, or airplane, or any other
navigational use requiring precise determination of position. The Software
Product is not licensed for use as the sole source of position information.
This product requires product activation procedures. YOU
WILL NOT BE ABLE TO USE THE PRODUCT IF YOU DO NOT FULLY COMPLY WITH THE
PRODUCT ACTIVATION PROCEDURES. The product activation procedures will
be detailed during initial launch of the product or upon re-installation
of the software or reconfiguration of your PC. These procedures may be
completed by Internet or telephone (toll charges may apply).
2. Limited Warranty
Warranty:
Northport Systems Inc. warrants that the Software Product will perform
substantially in accordance with the accompanying documentation for a
period of 90 days from receipt. In jurisdictions in which limitations
on express or implied warranties are not allowed by law, any such warranties
shall be limited to 90 days.
Remedies:
Should the Software Product fail to perform in accordance with the limited
warranty, your exclusive remedy shall be either a refund of the price
you paid, or repair or replacement of the Software Product, at the sole
discretion of Northport Systems Inc. The limited warranty shall not be
available if failure of the Software Product has resulted from accident,
abuse or misapplication. Any replacement product will be warranted only
for the remainder of the initial warranty period. This warranty does not
apply unless the registration card has been properly filled out and returned
to Northport Systems Inc. within 30 days of purchase, or the user has
registered on-line within 30 days of purchase.
Physical Media:
Disks which are damaged or defective in material or workmanship will be
replaced if returned to the place of purchase within 30 days of the purchase
date, along with a copy of the sales receipt.
After 30-days, replacement for damaged media disks may
be obtained for currently produced software only by mailing the original
damaged media, plus a cheque for CDN $20.00 made out to Northport Systems
Inc. to:
Northport Systems Inc.
60 St. Clair Ave. East, Suite 902t
Toronto, Ontario, M4T 1N5
Canada
Damaged media disk replacement does not apply unless the
registration card was properly filled out and returned to Northport Systems
Inc. within 30 days of purchase, or the user had registered on-line within
30 days of purchase.
3. No Other Warranties
NORTHPORT SYSTEMS INC. DOES NOT WARRANT THAT THE CONTENTS OF THE SOFTWARE
PRODUCT WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, OR THAT OPERATIONS
WILL BE ERROR-FREE. THE LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF
ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH
RESPECT TO THE SOFTWARE FURNISHED TO LICENSEE HEREUNDER, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE
IN ALL JURISDICTIONS WHERE THESE WARRANTIES MAY BE DISCLAIMED. THE EXTENT
TO WHICH THIS LIMITATION APPLIES MAY VARY DEPENDING ON THE APPLICABLE
LAWS IN DIFFERENT JURISDICTIONS.
4. Limitation of Liability
NORTHPORT SYSTEMS INC. WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING
FROM THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT EXCEPT TO THE EXTENT
OF THE AMOUNT PAID FOR THE PRODUCT. YOU EXPRESSLY ACKNOWLEDGE THAT THE
USE OF THIS PRODUCT IS AT YOUR OWN RISK. IN NO EVENT SHALL NORTHPORT SYSTEMS
INC. BE LIABLE TO LICENSEE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS,
LOSS OF DATA OR INFORMATION, OR ANY OTHER MONETARY LOSS ARISING OUT OF
THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF NORTHPORT SYSTEMS
INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Copyright
The Software Product is protected by copyright laws both domestically
and internationally. All right, title and interest in and to the Software
Product is the exclusive property of Northport Systems Inc. All copying
or reproduction of the Software Product, except as expressly permitted
by this license, is strictly forbidden. You may not make copies of the
accompanying materials.
6. Governing Law
This contract is governed by the laws
of the Province of Ontario and the federal laws of Canada applicable therein.
7. Taxes
The Licensee is responsible for all taxes or duties which may arise as
a result of this license, excluding income tax payable by Northport Systems
Inc.
8. Licenses and Trademarks
