Nothing in this Agreement shall be deemed to convey to Licensee any ownership or proprietary rights therein and all such rights shall remain the sole and exclusive property of Navizon. Any rights not specifically granted herein are reserved to Navizon. Reverse compiling, disassembling, other reverse engineering and modification of the Licensed Materials, or any part thereof, is prohibited. Licensee will not attempt to reverse compile, disassemble or otherwise reverse engineer or modify the Licensed Materials, including the Data. Licensee will not attempt to archive, copy or cache the Data produced by the Licensed Materials.
THE APPLICATION AND THE DATA ARE LICENSED TO YOU FOR ENTERTAINMENT PURPOSES ONLY. NAVIZON DOES NOT CONDONE, ENDORSE OR ENCOURAGE ILLEGAL ACTIVITY. YOU UNDERSTAND AND AGREE THAT THE DATA ARE NOT TO BE USED FOR ANY ILLEGAL PURPOSE. SUCH USE AUTOMATICALLY TERMINATES THIS AGREEMENT. FURTHER, YOU UNDERSTAND THAT POSSESSION OF THE DATA MAY BE RESTRICTED BY STATE OR LOCAL LAWS AND AGREE THAT YOU HAVE DETERMINED THAT POSSESSION OF THE DATA VIOLATES NO SUCH LAWS IN YOUR JURISDICTION.
THERE ARE NO WARRANTIES TO YOU OR ANY OTHER PERSON OR ENTITY FOR THE DATA EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL NAVIZON BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ONSEQUENTIAL, OR SIMILAR DAMAGES OR LOST DATA OR PROFITS TO YOU OR ANY OTHER PERSON OR ENTITY REGARDLESS OF THE LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You acknowledge that the terms and conditions of the Agreement are subject to change without notice. Your continued use of the Software and the Data constitutes acceptance of these and any and all modified terms and conditions.
This Agreement shall be governed and construed in accordance with the laws of the State of New York. Mexens LLC reserves all rights not expressly granted. In the event of litigation, the prevailing party is entitled to full costs and appropriate relief. Waiver of any breach by Navizon is not considered to be a waiver of any other breach.
The provisions of this Agreement are severable and if any one or more judicially determined to be illegal or unenforceable, in whole or in part the remaining provisions or portions shall remain binding. Navizon the Software and the Data to be a unique and valuable asset and has the right to seek whatever equitable and legal redress which may be available for your breach of this license.