Raymarine 425 Spezifikationen PDF herunterladen (Seite 109)

This equipment uses certain elements of software supplied to Raytheon by SiRF Tech-

nology Inc., to which the following licence agreement applies. Please read it carefully.

SiRF LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY:

This is a legal agreement (the “Agreement”) between SiRF Technology Incorporated, which has offices at

3970 Freedom Circle, Santa Clara, California 95054 (“SiRF”) and you. It is important that you read this

document before using the software embedded in the product (the "Software"). By using the Software, you

agree to be bound by these terms and conditions.

1. GRANT OF LICENSE. SiRF grants to you, subject to the terms

and conditions of this Agreement, a non-exclusive, non-transferable

right and license to use the Software only as part of the product in

which it is embedded. You have no other rights to the Software. You

may not copy, modify, disassemble, reverse engineer or decompile

the Software. You agree not to remove, obliterate, or hide any copy-

right, trademark, confidentiality, patent or other proprietary notice,

mark or legend appearing on the Software or on output generated by

the Software.

2. OWNERSHIP. The Software is licensed, not sold. All right, title

and interest in and to the Software in any form be the sole property of

SiRF and/or its suppliers.

5. ASSIGNMENT. This Agreement shall inure to the benefit of

and be binding upon each party’s permitted successors and

assigns.

6. GOVERNING LAW. The validity, interpretation, construction

and performance of this Agreement shall be governed by the laws

of the State of California, excluding its conflict of laws principles.

3. LIMITED WARRANTY REMEDIES; DISCLAIMER; LIMITATION OF

LIABILITY

Limited Warranty

. SiRF warrants that for a period of ninety (90)

days the Software will be in substantial compliance with SiRF’s appli-

cable written technical documentation for the Software. SiRF shall,

at its option, modify or replace all non-conforming Software. The

foregoing remedy for breaches of the Software warranty

is your exclusive remedy, and you hereby waive all other

remedies.

7. LEGAL REQUIREMENTS. You may not export, re-export,

divert, transfer or dis-close, directly or indirectly the Software and

any related technical information or materials without complying

strictly with all legal requirements. You agree to comply with all

applicable federal, state and local orders, laws, regulations and

ordinances, including specifically United States federal govern-

ment regulations relating to use of products containing global

positioning systems technology.

Disclaimer of Warranties

. THE SOFTWARE IS LICENSED “AS IS.”

EXCEPT AS SET FORTH IN THIS SECTION 3, SiRF DOES NOT REPRE-

SENT OR WARRANT THAT ERRORS IN THE SOFTWARE WILL BE COR-

RECTED OR THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR

ERROR-FREE. EXCEPT AS SET FORTH IN THIS SECTION 4, THERE ARE

NO WARRANTIES COVERING THE SOFTWARE, EITHER EXPRESS OR

IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF

DESIGN, MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE,

OR AGAINST INFRINGEMENT. NO AGENT OF SiRF IS AUTHORIZED

TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF SiRF SET

FORTH IN THIS AGREEMENT.

8. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software

and Documentation are provided with Restricted Rights. Use,

duplication, or disclosure by the Government is subject to restric-

tions as set forth in this Agreement, pursuant to DFARS 227-7202-

3 or subparagraphs (c)(i) and (2) of the Commercial Computer

Software-Restricted Rights at 48 CFR 52.227-19, as applicable, or

as set forth in the particular department or agency regulations or

rules that provide SiRF with protection equivalent to or greater

than the above-cited clause. The Manufacturer is SiRF Technology

Incorporated, 3970 Freedom Circle, Santa Clara, California 95054.

Limitation of Remedies and Liability

. TO THE EXTENT PER-

MITTED UNDER APPLICABLE LAW, SiRF DISCLAIMS LIABILITY, AND

SHALL NOT BE LIABLE TO YOU, FOR ANY LOSS OF PROFIT, INDIRECT,

INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES

ARISING OUT OF OR RELATING TO USE OF THE PRODUCT OR THE

SOFTWARE. The maximum aggregate liability of SiRF arising out of

this Agreement and any Product or Software, whether such liability

arises from any claim based on breach or repudiation of contract,

warranty, tort or otherwise, shall in no case exceed the actual price of

the product whose license, use or other employment gives rise to the

liability, to the extent such liability may be limited under applicable

law.

4. TERM AND TERMINATION. This Agreement shall be effective

on the date that you use the Software, and shall continue in effect

until terminated in accordance with this Section 4. SiRF may termi-

nate this Agreement for material breach by providing thirty (30) days

written notice to you. Upon termination of this Agreement, all rights

granted by this Agreement shall revert to SiRF, and you shall cease

and desist all use of the Software. The following provisions of this

Agreement shall survive its termination: Sections 2 through 11.

9. MISCELLANEOUS. This Agreement contains the entire under-

standing and agreement between the parties respecting the sub-

ject matter hereof and all prior understandings, representations

and agreements of the parties, whether oral or written, with

respect to the subject of this Agreement are superseded in their

entirety. If any provision of this Agreement shall be held by a court

of competent jurisdiction to be illegal, invalid or unenforceable,

the remaining provisions shall remain in full force and effect. This

Agreement may not be supplemented, modified, amended,

released or discharged except by an instrument in writing signed

by each party's duly authorized representative. This Agreement is

in the English language only, which language shall be controlling

in all respects. The rights and obligations of each party to this

Agreement shall not be governed by the provisions of the United

Nations Convention on Contracts for the International Sale of

Goods. If any action at law or in equity, including an action for

declaratory relief or injunctive relief is brought to enforce or inter-

pret the provisions of this Agreement, the prevailing party shall be

entitled to reasonable attorneys' fees in addition to any other relief

to which the party may be entitled. Any waiver by either party of

any default or breach hereunder shall not constitute a waiver of

any provision of this Agreement or of any subsequent default or

breach of the same or a different kind.

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