END USER LICENSE AGREEMENT You should carefully read the following terms and conditions before using the accompanying software product. The use of which is licensed for use only as set forth below. If you choose to use this software product you are consenting to be bound by the terms of this agreement. If you do not agree to all of the terms of this agreement, please do not use and/or copy this software product and promptly contact your dealer or mio for instructions or return the unused complete package to mio. If you have paid for the software product, please provide the proof of purchase, mio or its authorized dustributor from where you obtain this software product will refund you the pruchase price.
Any use of the software product, or breaking the seal of the CD-ROM/DVD-ROM/memory card, will constitute your acceptance to this agreement.

GRANT OF LICENSE This Agreement grants you a non-exclusive, non-transferable and revocable license to use the accompanying software program (“Software”) already installed on the device and/or contained on the CD-ROM/DVD-ROM/memory cards and any other storage media. For the license granted above, you shall only use the Software on one signal device at a time. You shall not permit concurrent use of the Software without proper licenses.
This Agreement does not imply or grant you any rights to future updates or upgrades of the Software unless expressly instructed by Mio in writing. Any updates or upgrades shall be also governed by this Agreement and may be subject to additional payments.
You may only copy the Software and all the supporting, accompanying documentation (“Documentation”) as essential for backup or archive purposes in support of your use of the Software as permitted hereunder. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software and the Documentation on any copies that you make.
The package of the Software Product may contain multiple versions of this Agreement, such as multiple translations and/or multiple media versions. Even if you receive multiple versions of this Agreement, you are licensed to use only one copy of the Software.

RESTRICTIONS You are not permitted to lease, rent, lend, publicly perform or broadcast, distribute or sublicense the Software or use the Software in a time-sharing arrangement or in any other unauthorized manner. You shall not download or share the Software and/or the digital map data contained therein from or transferring them to another computer or data carrier. Modification, making derivative work on, reverse engineering, compile, decompile, or disassembly of the Software is expressly prohibited, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. However, if you need the information necessary to achieve interoperability of the Software with other third party software programs, upon your written request to Mio and at Mio’s sole judgment, the information may be available to you from Mio.

NO ASSIGNMENT You may permanently transfer all of your rights under this Agreement only as part of a sale or transfer of the Software Product for non-commercial purposes, provided you retain no copies and transfer all copies of the Software as well as the Documentation to the same party or destroy any such materials not transferred, and the recipient agrees to all of the terms of this Agreement. Any transfer must include all prior versions, updates and upgrades of the Software. Except as set forth above, you may not transfer or assign the Software or any of your rights under this Agreement.

EXPORT RESTRICTIONS You agree to comply with all applicable international or national laws that apply to the Software and/or the Documentation, and you will not export or re-export the Software or Documentation (or any copies thereof) or any product utilizing the Software or Documentation in violation of any applicable laws or regulations of the United States or the country in which you obtained them.

OWNERSHIP; INTELLECTUAL PROPERTY RIGHTS Mio or its suppliers or licensors thereof, owns all title, ownership and intellectual property rights in and to the Software and the Documentation, and any copies thereof regardless of the form or media. Except as expressly provided herein, this Agreement does not grant you any rights to patent, copyrights, trade secret, trademarks, or any other rights in respect to the Software and the Documentation.

TERMINATION This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software and the Documentation together with all copies and merged portions in any form. This Agreement will also be terminated immediately if you fail to comply with any term or condition of this Agreement. In such event, you must destroy the Software and the Documentation together with all copies and merged portions in any form.

GOVERNING LAW This Agreement shall be governed by the laws of People’s Republic of China. The United Nations Convention on Contract for the international Sale of Goods is hereby excluded in its entirety from application to this Agreement.

LIMITED WARRANTY; LIMITED LIABILITY All warranties and limitations of liability applicable to the Software and the Documentation are as stated on the Limited Warranty or in the manual accompanying the Software. Such warranties and limitations of liability are incorporated herein their entirety by this reference.
Except as prohibited by applicable law, under no circumstance and under no legal theory, tort, contract, or otherwise, shall Mio or its licensors be liable to you or any other person for any indirect, special, incidental, punitive or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure of malfunction, or any and all other commercial damages or losses. In no event shall Mio be liable for any damages in excess of the amount Mio received from you for a license to the software, even if Mio shall have been informed of the possibility of such damages, or for any claim by any other party.

HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Mio and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities.

SEVERABILITY In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the remaining provisions shall be still valid, legal and enforceable without being affected or impaired in any way and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.

ENTIRE AGREEMENT This Agreement sets forth the entire understanding and agreement between you and Mio with respect to the Software and Documentation, and supersedes all prior agreements and communications, whether orally or written thereof.