General Statement and Legal Information

The NAVX Company operates the website www.navx.com (hereinafter the Site), and several types of service are offered on the Site :
The general terms of the following Sales Agreement are available in the French, English, German, Italian, Spanish, and Dutch languages. The client should print them out or otherwise save them.

The Site of the abovementioned Community, and all promotional and commercial activities associated with it have been published by the Company, NAVX, SA, with capital value of 161,818 euros, duly registered in the Register of businesses and companies of Paris, registration number 487 586 265, said Company being located at 104 bis Boulevard Voltaire, Paris, France 75011. The Company was mentioned in a Declaration submitted to the National Commission On Informatics and Freedom on March 29, 2006, Declaration # 1159692.

NAVX's individual Value Added Tax number is FR 68 487 586 265.
NAVX's headquarters is at 129 rue Jules Guesde 92300 Levallois Perret - France.
The Director of Publication is Mr. Florent BOUTELLIER, acting as the legal representative of NAVX.

Definitions

The General Conditions of Sale and Use include the following definitions :

« Site » or «website » : an interactive electronic service operated by the NAVX Company on the Internet, using the web address « www.navx.com » or « www.navx.fr ».

« Client Information » : information about the client.

« Downloading » : transmission of a digital file containing content chosen by the client, and its reproduction on the hard drive of the client's computer, for the private use of the client as often as desired and for an unlimited period of time.

« User » : A person, registered at the Site or not, who uses the Community Services, or who is preparing to place an order for Paid Services.

« Account » : A user fills out a form, giving Client Information, and this constitutes his or her NAVX Account, which can be accessed using identifying passwords. When the Account is created, the User is registered.

« Order» : Purchase, on the part of a Client, of a Paid Service providing added functionality.

« Client » : A User who has placed at least one Order.

« Content » : All data created or modified by the User, namely, Geographical Positions, Tracks, Routes, Itineraries, Contacts, Geographical Areas, Commentaries, Descriptions, Tags, or Collections.

« Paid Service providing Added Functionality » : Catalog of types of Content and Added Functionality furnished for a fee to owners of compatible GPS systems.

« Community Services » : Tools that enable creation, storage, sharing and sending of various types of Content.

« Services » : The group constituted by Paid Services providing Added Functionality and Community Services, taken together.

Article 1 - Sales Agreement

This document constitutes as of April 27, 2007 the General Conditions for the Use and Sale of Services, offered directly for commercial sale by NAVX through the Site. They supersede all other conditions.

These Conditions may be modified. The applicable Conditions are those that are posted and observed on the Site on the date of registration, followed by the client's Use of the Site and subsequent placing of an Order. Users are advised to consult the Site regularly in order to stay informed about any recent modifications.

Article 2 - Protection of the Site

Any unauthorized representation, reproduction, modification, commercial use in whole or in part (including any damage to the Site) of the various parts of the Site is prohibited, and such actions expose any person or persons responsible for them to the possibility of prosecution. This present Sales Agreement does not in any way constitute authorization to represent, reproduce, modify, or make commercial use of any part of the Site.

Article 3 - Modification of Services

NAVX reserves the right to modify its services or improve them, as NAVX deems necessary or useful, and NAVX is not responsible for any damage of any kind which may ensue, owing to such modification.

NAVX also reserves the right to stop any or all of the Services offered on the Site without notice, and without liability, and NAVX may not be held responsible for damage of any kind which may ensue, owing to such stopping of Services.

Article 4 - Availability of Services

All Services are normally available 24 hours a day, 7 days a week and throughout the year. NAVX nonetheless reserves the right to stop all access to Services without notice and without this action creating a right to reimbursement, and NAVX will not be responsible for damages of any kind resulting from such stoppage.

Article 5 - Users and Prospective Clients

The Services offered by NAVX are available only to persons of legal age, or minor persons who can produce authorization from their parents giving them permission to place orders through the Site.

Users of these Services must also reside within French territory (excluding Overseas departments, Monaco, and Andorra) at the time of placing an order and beginning use of the services. In cases of payment by bank card, all users must present a bank card issued in France by a French bank, established in French territory.

In order to use Paid Services providing Added Functionality, Clients must be owners of a navigation system that is GPS compatible (a list of such systems is given under « Compatibility »). Non-compatibility of a client's system with a particular Paid Service providing Added Functionality cannot be accepted as a reason for requesting that the amount of Orders properly placed be refunded.

Article 6 - Access to Added Functionality Services

To place an order for a Paid Service providing Added Functionality through the Site, the client must create an Account, either at the moment of placing an Order and choosing a means of payment, or prior to that, by clicking on the link « S'inscrire ». In addition to entering a security code, the client is then asked to enter an e mail address for identification purposes, a unique pseudonym identifying the client on the Site, and a password which must be confirmed (by retyping it). The client is also asked to specify which GPS navigation system he or she uses. It is noted there that all this information is confidential.

The Client is solely responsible for the consequences of the use of his or her Account, which condition continues in force until said Account is deactivated.

It is not permitted to use substitute passwords or other identifying information.

Once the required information has been provided the Client clicks on « I acknowledge that I am aware of the Sales Agreement and the General Conditions of Use of the NAVX Site as detailed above, and I accept them », and then, after having read the information in the box(es) provided, that explain the offers made by the Site, the Client repeats acceptance by clicking on « I acknowledge that I have been made aware of the offers of the Site through the information in the box below, and I accept them. »

Article 7 - Purchasing Added Functionality Services

By clicking on the title or an image within the abovementioned box(es), the client is transferred to a web page on which means of payment are detailed. The services involving downloading of Radar positions are offered exclusively as a purchase of either a monthly or annual subscription, with which unlimited updates are allowed during the subscription period. Services providing downloads of audio instructions, itineraries, tourist guides and screen backgrounds (wallpaper) are offered for sale at the time they are used.

Article 8 - Purchasing Added Functionality Services

8.1. Beginning of subscription period – length of period

The Contract between NAVX and the Client enters into force after information regarding payment has been entered and validated. However, in accordance with applicable regulations, the Subscriber has seven days, starting from the date of subscribing and accepting an offer made by NAVX, to change that decision and cancel the subscription, without having to give a reason for this cancellation, and without having to pay a penalty to NAVX for doing so. In order to do this, the Subscriber (Client) must notify NAVX in writing that he or she intends to exercise this right to cancel. Any cancellation of the Contract taking place according to the stipulations in the present paragraph will have the result described in article 8.3, below.

The subscriber who has just signed up for a subscription with NAVX should be aware that by linking his or her GPS system to the NAVX Sync software and by carrying out a download, prior to the expiration of the abovementioned seven-day « cooling-off period » during which cancellation without penalty is allowed, he or she will automatically give up the right to exercise the right of termination provided for under law during those seven days. Carrying out a download from NAVX during the seven day period automatically makes the Subscriber responsible for the subscription period, without any further right of automatic cancellation or withdrawal, since NAVX will then have begun to provide services.

For the Paid Service with Monthly Subscription, the Contract remains in force for thirty (30) days. At the end of that time, the Contract will be automatically renewed for the same period of time, unless one of the parties notifies the other in writing of an intention not to renew. Such notification must occur no fewer than five (5) working days before the end of the 30-day period. Notification must take place by registered letter with return receipt. This notification will become effective on the day of the arrival of the registered letter with return receipt. Without prejudice to any other stipulations of the Contract, the Contract will thus expire at the end of the 30-day period, with the result described in Article 8.3 below.

For the Paid Service with Annual Subscription, the Contract will remain in force for 12 months. At the end of that time the Contract will be automatically renewed for the same period of time, unless one of the parties has notified the other in writing of their intention not to renew the Contract. Such notification must take place no later than one (1) month before the end of the 12-month period. Notification must take place by registered letter with return receipt. This notification will become effective on the day of the arrival of the registered letter with return receipt. Without prejudice to any of the other stipulations in the Contract, the Contract will thus expire at the end of the 12-month period, with the result described in Article 8.3 below.


8.2. Cancellation, Termination or Withdrawal

Either party may cancel or terminate the Contract by registered letter with return receipt, if conditions occur in which one party shall have substantially failed to fulfill an obligation or obligations for which that party is responsible under the Contract, said party having also failed to remedy this failure within a period of fifteen (15) days, beginning from the date of the arrival of a notification or warning letter sent via registered letter with return receipt. Such termination will take effect on the date of the arrival of the letter of termination mentioned above, and without prejudice regarding other rights and possible actions available to the party terminating the Contract, will have the effects described in Article 8.3 below.

The subscriber must send the registered letter with return receipt to NAVX, 129 Rue Jules Guesde, 92300 Levallois Perret.

8.3. Result and Effects of Termination or Expiration of the Contract

In cases of termination or expiration, for whatever reason, of the Contract (and without prejudice to other rights and possible actions available to the party not at fault in a case of termination taking place as described in Article 8.2 above) (1) all monies paid by the Subscriber to NAVX remain the property of NAVX ; (2) the Subscriber must pay any sum that thus becomes payable under the terms of the Contract ; and (3) the Contract remains in force in respect of any obligation still not completely fulfilled on the date of the abovementioned termination or withdrawal.

Article 9 - Means of Payment for Paid Services providing Added Functionality

The Client can pay in two ways :

1. Payment can be made via bank card associated with the ORBEO system or the CIC Paiement system.

The client pays for purchases by giving W-HA/ORBEO or CIC Paiement his or her banking information. The transaction is made in a secure manner.

2. Payment can be made via a bill sent to the client's Internet access provider (Internet Plus/W-HA).

The client can choose to have his NAVX bill added to his Internet bill via Internet Plus. This mode of payment only has to be selected. A pop-up window will appear and ask the client to click on « Continuer » in order to confirm the selection. The client is thus redirected to the France Telecom site, where the client identifies himself and then clicks on " Confirmez votre achat ". Then the client instantly receives one or several links to downloads and/or registration as requested, and at the same time an e mail is sent to the client confirming that the Site received his or her order, and this message includes the same download or registration links as requested.

Article 10 - Prices for Paid Services providing Added Functionality

Prices include applicable VAT at the time of ordering, and any change in the applicable VAT rate will be immediately reflected in all prices.

If clients desire to receive an itemized bill for Services, they must request this by e mail to contact@navx.com including the client's address, and if the client is a business, including also SIRET and VAT numbers.

Services ordered are paid for when the order is placed, in full.

Subscription services must be paid for at the beginning of a period of service. For a one-month period, payment is due when the service begins. For a 12 month subscription, payment is due at the beginning of each successive month.

In the case of Paid Services ordered as a subscription, the Subscriber must insure that at all times during the Contract period, and even after its termination or expiration, there is deposited within his or her bank account (the account used to order Services) a sum sufficient to pay all monies due NAVX pursuant to the Contract. Any amount due and not paid on time will accrue interest at a rate equal to one and one half times the legal interest rate, or at the maximum rate allowed under applicable regulations, if less than that, over the entire period between the date when the sum became due and payable, and its complete payment, including principal and other sums, without there being any necessity of notifying the Subscriber in this regard.

All communication charges related to the use of Services offered by NAVX are the responsibility of the client.

Article 11 - Use of Downloaded Recorded Material

The recorded material downloaded by clients consists of digital files protected by national and international law with regard to the intellectual property rights of the creators of the material. They can only be used by private persons in accordance with the limits specified hereinafter, and no fee for their use can be charged, outside the terms of the Contract.

"Digital Rights Management" or DRM designates a system of digital file copy protection that allows their use to be monitored. This system is intended to give clients maximum flexibility in the use of downloaded files, while still protecting the rights of artists, authors, and composers.

The Client promises not to defeat, avoid, or otherwise interfere with this system of monitoring of the use of downloaded digital files, and further promises not to employ any other apparatus of any kind intended to defeat, avoid, or interfere with the monitoring system.

Article 12 - Access to Community Services

1.This service is free of charge for personal use by private persons and nonprofit organizations. Access must be paid for in all other circumstances, unless a written agreement to the contrary is obtained prior to use. All Internet and communication charges (including the use of mobile telephones, or any other data terminal) that may be required in order to gain access to and to use Community Services are in all circumstances the responsibility of the User, as well as any surcharge related to Use, and all charges related to the production of Content associated with the use of Community Services. NAVX reserves the right to change the free Community Services into Paid Services, or to offer Optional Community Services on a paid basis, and will so notify the User if NAVX decides to exercise this right.

2.Conditions for access. The User must provide, on the Form provided for this purpose, personal information allowing the User to be identified. The User guarantees the accuracy of this information and promises to notify NAVX regarding any change in the information. After the Form has been validated, the User will have opened an Account, which corresponds to an Account for Paid Services.

3.Suspension. NAVX reserves the right to suspend without notice any Services or functions related to Services, including the right to disable any Account or render any Content inaccessible, without this suspension conferring upon the User any right to seek damages, in the following circumstances :

For any reason related to maintenance,
In any case of non-fulfillment of obligations detailed in the present General Conditions by the User.


NAVX reserves the right to suspend, by right and without notice, access to Services if NAVX is notified by other Internet users that a particular User is using the Services in such a manner as to cause harm to a third person, or in a manner that might be judged contrary to good moral conduct, to public order, or to the legal and regulatory stipulations detailed in the present General Conditions.

Article 13 - Principle of Moderation

1. Scope. The Community Service is accessible only to Users who have identified themselves by means of the Form. Once properly registered, each User is welcome to read and to create Content, and to enter commentaries concerning other Content available on the Site.

2. Method of operation. Contents and commentaries (and Content created by the User, if any) are immediately visible online when posted. NAVX does not modify any Content prior to its appearance online, nor is Content arbitrarily selected prior to appearance. A principle of after-the-fact moderation fosters free expression among Users, but Users must be responsible and maintain a respect for legal and regulatory constraints, and must respect the rights of other persons, as set forth in the Article on the « Obligations of Users ». NAVX will not modify or « moderate » posted comments prior to their being able to be read by other users.

3. After-the-fact moderation/monitoring. User should be aware that any posting or publication, whether apropos of a Position or commentary or any other Content, can be removed if it for any reason does not respect legal and regulatory constraints. Users of the Community Service who happen to be surprised or shocked by a commentary or a Position from another User can send a message directly to the moderator by flagging content, using the « Je pense que ce Contenu ou ce Commentaire peut offenser » button available next to each posting.

Article 14 - Collection and handling of personal information

1. Collection and handling. The User should understand that the collection and handling of a certain amount of personal data regarding him or her is necessary for the good of the Community Service. NAVX makes available to users free of charge software that is compatible with a limited number of GPS systems, making it easier to create Content using the Community Service. When this software is in use, the geographical position of the User is saved in the memory of his GPS and will be uploaded via the NAVX platform for the next sychronization and update via the NAVX Sync software. Through activation of the Tracker on the « My Account » page (« Mon Compte »), the User should be aware that he or she has furnished NAVX with the history of his or her own Positions. The User promises not to use the Tracker and the Community Service in order to track the positions of a third party.

2. Users' rights. In accordance with applicable legislation, the User can at all times have access to personal information concerning him or her, and correct or remove it, in the following manner :
By accessing his or her Account directly via the Site,
By sending an e mail to NAVX at the following electronic address : contact@navx.com ; or by writing a letter to this postal address : Navx / 129 rue Jules Guesde, 92300 Levallois Perret, France.

Article 15 - Obligations of Users

The Internet is a shared space which presupposes that each person respect the rights of others, and in which respect for the law must be maintained by everyone. In accordance with this, each User promises to act responsibly with regard to the use of the Community Service made available. Each User must be aware of the risks inherent in the use of Community Service communication facilities, and must use these facilities in a responsible manner.

Each User, in the posting of Positions and other Content, and/or in the use of the Community Service, must understand that he or she is legally responsible for refraining from the following actions :

Article 16 - Obligations of Users

All Users are reminded that as a host of content, and in accordance with legislation in force, NAVX :

Article 17 - Intellectual Property and Content

1. Ownership of Content. The User remains the sole owner of any Content or files communicated to NAVX in the course of access to and use of the Service. The User recognizes that he or she has the right to cede rights to ownership in whole or in part, as detailed hereinafter.

2. Authorization to use and modify. The User, as the author of Content placed online in the course of use of the Service, authorizes NAVX to do the following :
To make commercial use (paid or not) of Public Content from the User in a non-exclusive manner, over the entire period of the author's rights, such as this is or may be defined under existing or future law, worldwide,
To make any modification that may be technically necessary for the exercise of rights in other formats and in accordance with other technical procedures, especailly as regards digitization prior to publishing online.

This authorization is automatically suspended whenever a User (i) decides to remove the Content in question, (ii) when the Account of the User is suspended (whether this occurs through the action of NAVX or of the User), (iii) the User subscribes to a paid option of the Community Service regarding which the above noted authorization (first indented clause above) is not granted to NAVX.

3. Completeness. NAVX promises to maintain Contents intact, except when technical constraints related to the providing of a Community Service intervene, and except in cases where the stipulations of Article 13.4 apply.

4. Duration of rights granted. Rights granted are for the purposes mentioned above, worldwide, and shall continue for the entire legal duration of the protection recognized under existing and future laws, in a non-exclusive manner, exclusive of payment :

Article 18 - Intellectual Property of NAVX and third parties

1. Rights of NAVX. The User is advised that NAVX (including its subcontractors and eventual license grantors) is the owner of the Community Service and the whole group of tools necessary for its operation, such as databases, applications, software programs or their commercial versions, all information, elements of know-how, documentation for specifications, and in general all the parts of the conception of the Community Service and its components, and also intellectual property rights with regard to the aforementioned components or elements, especially author's rights, patents. Inventions, trademarks, designations and names, emblems, commercial names and any other rights that might be connected with the operation of the Community Service by NAVX.

2. Consequences. Except as specified in the paragraph below, NAVX (including its subcontractors and eventual license grantors) does not grant any intellectual property right to the User. Accordingly the User must promise not to reproduce or exploit in any way, shape, form or fashion the elements mentioned above, and more generally must promise not to use or exploit the elements placed at his or her disposition otherwise than in the course of following the present General Conditions. The User must promise not to submit, register, or claim any right to intellectual property on his or her own behalf, or on behalf of any third person, that should involve one or more elements of the Community Service.
3. Rights granted to the User. NAVX grants to the User the right to use all the software necessary in order to benefit from Services, including sub-licenses for programs edited by third parties (taken together, the « Program »), for the sole purpose of using the Services, and in accordance with the limitations imposed under the present General Conditions. This right of use is personal and cannot be transferred. The User must promise :

Article 19 - Guarantees

The User is solely responsible for the Content he or she publishes via the Community Service. Accordingly, the User promises to hold NAVX safe and blameless in the case of any or all claims and/or proceedings of whatever nature or form, that might be brought against NAVX which would be associated directly or indirectly with Content hosted and/or published, and to treat all such proceedings as his or her personal business. To this end the User must promise to negotiate directly with the person or persons initiating such proceedings, and to pay any sums that such persons shall demand from NAVX, and to intervene voluntarily if necessary in all proceedings against NAVX, and to pay the costs of any fines levied or judgments entered against NAVX in connection with such proceedings.

Article 20 - Limitation of responsibility

The User agrees that he or she is aware of the lack of reliability of the Internet network, especially in regard to the relative security of data transmission, and of the absence of any guarantee of continuity regading access to the Service, and of the absence of a guarantee of performance in respect of the volume and speed of data transmission.

It is expressly agreed that NAVX is not subject to any obligation as regards the possession of the means of execution of the present General Conditions. The User recognizes that he or she uses the Service at his or her own risks and perils, and that the User is solely responsible for any verification of Content, especially prior to posting online.

The User expressly agrees that NAVX, in virtue of the information brought to the attention of the User through the present General Conditions and the web site itself, has completely satisfied its obligations as regards instructions and information with regard to the nature of the Service and the functionality which the Service places at the disposition of the User.

NAVX does not in any case assume responsibility for indirect damages and may not be held responsible for restitution in the case of such indirect damage, such as financial or commercial prejudice, loss of clientele or business, any commercial mishap whatsoever, increase of costs or other general costs, loss of profit, loss of product image value, loss of Content or data, especially files of any kind the loss of which can occur owing to problems with data transmission, that is, reception and retransmission of Content and the commentaries of other Users. Any legal action directed against a User by a third party is to be considered as indirect damage. Accordingly, NAVX shall in such a case of indirect damage bear no responsibility for restitution or payment.

Article 21 - Cancellation, Termination or Withdrawal

NAVX can terminate any User's access to the Service under conditions set forth in the present General Conditions. The User, after so advising NAVX in advance by e mail to the address support@Navx.com, can discontinue the Service and request the deletion of his or her Account, in which his or her Content is stored. NAVX further reserves the right to terminate any User Account which remains inactive for a period of three months or more. If contractual relations are suspended, for whatever cause, including voluntary termination of Service by a User, Articles 13.3, 14, 16, 17, and 19 shall continue in force and have the same effects.

Article 22 - Proof, conservation, archiving

1. Proof. The computerized records maintained as part of the NAVX computer system under reasonable conditions of security shall be considered as proof of communications, and the exchange of Forms and Content, and also various exchanges of information between the User, the Client, and NAVX. In case of conflict between the computerized records of NAVX and any other written or paper document or electronic file produced by the User, it is expressly stipulated here as agreed between the parties that the computerized records of NAVX shall take precedence over the documents of the User or Client, and only they shall be considered as providing proof.

2. Conservation. Given the nature of the Service, the risks necessarily connected with any Content, and thus the necessity of identifying the author of a given Content, NAVX advises Users and Clients that NAVX will retain such identifying data as long as Content from a particular User remains online, or is being used by NAVX.

3. Archiving. Registration Forms are archived by means of a dependable and durable support format, in accordance with current laws.

Article 23 - Identifying Information

Identifying Information collected with regard to the client upon creation of his or her Account, and also upon the placing of orders for Paid Services, and in the course of use of the Community Service, is for NAVX's use. NAVX reserves the right to transmit them to a third party.

This information is necessary to the management of a commercial relationship between Client/User and NAVX. A client cannot create an account without furnishing certain personal information requested at that time. If the client did not wish the personal data requested during account creation to be retained, NAVX would be obliged to delete the new account.

Under the provisions of the Law on Informatics and Freedom of January 6, 1978, a client at all times has the right to have access to information that concerns him or her, and the right to demand rectification of this information if it is incorrect or incomplete, and the right to refuse that it be transmitted to a third party, and a right to demand without legal expense that such information not be used for the purpose of sending commercial solicitations to the client, and more generally a right to refuse any kind of treatment such as it is defined in line 3 of Article 2 of the abovementioned law. To take advantage of these rights, request must be made in writing to NAVX – 129 Rue Jules Guesde 92300 Levallois Perret.

Also, as a result of choices made by the Client during account creation, the client may receive newsletters from NAVX and/or its partners.

Article 24 - Cookies

NAVX automatically collects client information through cookies that record the client's navigation through the Site. Cookies are alphanumeric identifiers placed on the hard drive of the client through the client's Internet browser. They allow NAVX to recognize a particular visitor and to direct that visitor toward new attractions that might be of interest, based on previous choices.

The client has the ability to set his or her computer to refuse cookies.

For Microsoft Internet Explorer 6.0 :

1. Open « Tools » menu.
2. Choose « Internet Options »
3. Click on the « Confidentiality » tab.
4. Choose the security level preferred by means of the cursor.

For Microsoft Internet Explorer 5.0 or 5.5 :

1. Open « Tools » menu
2. Choose « Internet Options »
3. Click on « Security »
4. Select « Internet », then « Custom Level »
5. Locate the tab for « cookies » and choose the option preferred.

For Netscape 6.0 or later :

1. Choose the « Edition » menu
2. Choose « Preferences »
3. Confidentiality and Security
4. Cookies

For Netscape Communicator 4.5 :

1. Choose the « Modify » menu
2. « Preferences »
3. Click on « Advanced »
4. Find the « Cookies » tab and select the preferred option

For Opera 6.0 or later :

1. Choose the « Files »
2. Select « Preferences »
3. Privacy

Article 25 - Responsibility

The client acknowledges being aware of the constraints and limitations of the Internet network. Under these conditions :

NAVX may not be held responsible in any case for the speed of access to the Site coming from other sites, or for the speed with which the Site and/or its pages load, or the speed at which data stored on site is downloaded, nor is NAVX responsible for external events causing the operation of the site to slow down, be interrupted, or stop, making services inaccessible. NAVX may not be held responsible for fraudulent use of any of the information placed at the disposition of site users by a third party.

The client is responsible, just as any other person surfing the Internet, for the protection of his or her technical equipment, especially from any form of contamination by a virus and/or any attempted hacking. In no such case whatsoever may NAVX be held responsible.

The client is solely responsible for the installation, operation, and maintenance of his or her technical equipment, such as is necessary to access the Site. In no case whatsoever shall NAVX be held responsible if the service offered by the Site turns out to be incompatible with, or causes the malfunction of, certain software programs, configurations, operating systems, or other equipment owned by the client.

The responsibility of NAVX for failure to carry out its obligation to deliver services shall be limited to the price paid for the client's order.

The client is solely responsible for the use he or she makes of the service, and shall not attempt to hold NAVX responsible in any claim and/or proceeding which may be initiated against the client. The client promises to treat any such claim and/or proceeding directed against NAVX that is related to his or her use of the services provided by NAVX as his or her own personal business. NAVX advises clients that the use of POI data must be carried out while the client's vehicle is stationary. NAVX also reminds motorists to respect current laws, especially traffic laws.

Finally, NAVX cannot be held responsible in cases of violations of the laws of a foreign country regarding content downloaded in that country.

Hypertext links may direct site visitors to other sites. NAVX cannot be held responsible in the case in which the content of such other sites should violate the rights of some third party, or, more generally, if such content should infringe existing laws and/or regulations.

Article 26 - Deactivation of a Client Account

NAVX reserves to itself the power to deactivate a client's account, without notice, without incurring any obligation of reimbursement, and with full rights to act in this manner, in the following cases :
Violation by the client of the Sales Agreement and the conditions of Use,
Failure of the client to pay amounts due,
Actions contrary to the interests of NAVX.
NAVX reserves the right to delete and deactivate any Account of a User that has remained inactive for more than 3 months.

If a User/Client wishes to deactivate an Account, he or she should notify NAVX via registered mail with return receipt addressed to NAVX – 129 rue Jules Guesde 92300 Levallois Perret. NAVX agrees to deactivate the Account in question within 48 hours of the reception of such a letter.

In the case of a cessation of contractual relations, for whatever cause, including that of a voluntary withdrawal of the User from the benefits of the Service, the following articles will continue to apply, and retain their full effect :
Article 8.3 for Subscribers,
Articles 18, 19, 20 and 22 for Users.

Article 27 - Applicable Law - Litigation

The present General Conditions are subject to French law. In case of litigation, and after efforts at finding an amicable solution have failed, the law courts of Paris shall be solely competent to hear the case.

Article 28 - End User Contract for the Navx Sync Manager software

IMPORTANT :
THIS END USER'S LICENCE CONTRACT FOR SOFTWARE CONSTITUTES A CONTRACT BETWEEN YOU (THE USER) AND NAVX. READ IT CLOSELY BEFORE FINISHING THE INSTALLATION AND USING THE PROGRAM. THIS LICENCE CONTRACT AUTHORIZES YOU TO USE THE SOFTWARE AND INCLUDES INFORMATION ABOUT GUARANTEES AND LIMITATION OF RESPONSIBILITY. BY CLICKING ON THE BUTTON MARKED « DOWNLOAD » OR « INSTALL NOW » AND BY USING THE SOFTWARE, YOU AGREE TO ACCEPT THE SOFTWARE AND TO BE BOUND BY THE TERMS OF THE PRESENT CONTRACT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, PLEASE DO NOT INSTALL THE SOFTWARE.

1. Definitions

(a) « NAVX » designates the Navx Company, SA, with a capital of 161, 818 €, listed on the Register of Businesses and Companies of Paris as number 487 586 265, whose registered and operating address is located at 104 bis boulevard Voltaire, Paris, and also designates where appropriate the persons granting the license.

(b) « Software » refers only to the software program(s) Navx Sync furnished by Navx, with corresponding documentation electronic or online, as well as all updates or later versions of the same software program.

2. Granting of licenses

(a) You are authorized to install and use the software only with a personal computer using a Windows PC operating system (including PC versions Windows 95, 98, 2000, NT, ME and XP home or Professional) on condition that you, despite any contrary indication in the present document, do not use the software with any product besides a PC or besides some complete version or component of the operating systems mentioned above, including (list not exhaustive) portable devices, internet devices, decoders (STB), mobile telephones, PDA's, telephones, internet pads, notebooks, game consoles, television equipment, DVD's, game machines, personal automatic systems or any other electronic apparatus or service based on a closed system or on a mobile/cable/satellite television system.

A license for this software cannot be shared, or installed or used on different computers at the same time.

(b) You authorize NAVX to monitor your use of the software in order to insure that you are following the terms of the present contract. This monitoring can take place at any moment, as long as reasonable notice shall have been given. If this monitoring determines that your use of the software is not completely in accordance with the terms of the contract, you will be obligated to reimburse NAVX all the costs, limited to a reasonable amount, related to this monitoring, and you may face legal action, which NAVX may initiate against you as a result of your failure to observe contract terms.

(c) In accordance with the terms of the present contract, your license rights are not exclusive.

3. Licence limitations

(a) You are not authorized to create or distribute copies of the software or to transmit the software via electronic means onto a network, or to transfer the software from one computer to another.

(b) You are not authorized to alter, merge together, modify, adapt, or translate the software, or to decompile, or to extract elements, or to disassemble or take apart in any way the software so as to produce a different usable version.

(c) You are not authorized to sell, rent, or hire out the software, or to grant a sub-license for the software.

(d) You are not authorized to modify the software or to create derivative forms of the software.

(e) You are not authorized to export the software into a country which would be subject to export restrictions imposed by the « Administration Act » of the United States of America or under regulations resulting from that Act.

(f) In case the terms of the present Contract are not observed, Navx reserves the right to cancel the licence.

In case of cancellation, you will be obligated to destroy all copies of the software (all other rights of both parties and all other dispositions under this Contract shall continue in force after cancellation).

(g) You are not authorized to use the software in an effort to develop a software program or other technology which would perform the same basic function as this software, including (list not exhaustive) the use of the software for all procedures of development or tests whose objective is to develop a similar type of software or a similar technology, or to determine if such a software program or other technology functions in the same manner as this software.

4. Ownership

The present license grants you a limited licence to use the software. Navx retains all rights, including the right of intellectual property and copyright as regards this software and all copies of it.

Navx reserves all rights that are not specifically granted in this contract, including rights derived from Federal and international treaties on intellectual property.

5. New versions of the software

Navx, at its sole discretion, reserves the right to add functionalities or supplementary functions, or to supply programming corrections, updates, or new versions of the software. You agree and acknowledge that Navx has no obligation to make available to you later versions of the software. You also agree that in the case in which you would desire to download, install, or use a new version of the software, you could be obliged to enter into a new version of the present Contract. Moreover, you acknowledge and agree that Navx, at its sole discretion, may modify, interrupt, or suspend your ability to use any version of the software, or to cancel any licence granted by virtue of the present contract, at any moment. Navx may also suspend or cancel any licence granted by virtue of the present document and deactivate any software to which you may have had access already, or which you may have installed already, without notice and at any moment.

6. Notice of non-responsibility

(a) The software is furnished to you free of charge and as is. Navx does not furnish any technical assistance, guarantee, or other recourse with regard to this software.

(b) Navx and its suppliers reject any guarantee or representation, explicit, implicit, or otherwise, including guarantees of commercial use or aptitude for a particular purpose. There is also no guarantee of authenticity or right to unhindered enjoyment of the good. Navx does not guarantee that the software does not contain errors, or that it will function without interruption. No right or recourse in relation to Article 2A of the universal convention on the rights of authors will be conferred upon you unless this is expressly stipulated in the present contract. The software is not conceived, intended, or licensed for use in dangerous environments which require security monitoring, including but not limited to, environments of conception, construction, maintenance, or functioning of nuclear installations, aerial navigation or systems of in-flight communication, air traffic control, life-preserving systems or armaments. Navx specifically declines any guarantee expressed or implied as regards aptitude for such activities.

(c) In certain cases, legislation requires guarantees for the software. These guarantees are limited to a period of ninety (90) days from the date of delivery.

(d) No information or oral or written advice furnished by Navx or its employees creates a guarantee, or extends in any way whatsoever the period of time covered by any guarantee that may eventually be granted.

(e) Navx declines all responsibility in cases in which the software shall have undergone modifications, or in which malfunction of the software follows use of the software with any hardware configuration, platform, or operating system other than those which are recommended.

7. Limitation of responsibility

(a) Navx declines to accept responsibility in relation to you or any third person in cases of indirect, special, accidental, dissuading, covering or accessory damages (including but not limited to damages related to lack of aptitude to use the equipment, or to gain access to data, loss of operating ability, loss of profit, interruption of activity, etc.) connected with the use or the impossibility of use of the software. This limitation of responsibility is based on all the theories of responsibility, including that involving violation of contract, fault (including negligence), product responsibility or any other, even if Navx or its representatives were warned of the possibility of such damage, and even if the essential objective of a recourse mentioned here has failed.

(b) The preceding limitations relative to responsibility necessarily apply to all aspects of the present Contract.

8. Basis of this offer

The notice of non-responsibility and limitation of responsibility mentioned above constitute fundamental elements that form the basis of the contract between Navx and you. Navx would not be able to furnish the software on the economic basis provided without limitations of that kind. This notice of non-responsibility and this limitation of responsibility benefit the persons to whom Navx grants a licence.

9. An end user is only a consumer

The limitations or exclusions from guarantees and from responsibility mentioned in the present Contract do not affect the statutory rights of consumers, that is, persons who acquire goods outside of any professional activity.

The limitations or exclusions from guarantees, recourse, or responsibilities mentioned in the present Contract apply to you only in so far as these limitations or exclusions are authorized under French legislation.

10. Third party software

The software may contain third party software programs that necessitate additional notices and/or modalities and conditions. You will find these additional notices and/or modalities and conditions as required for third party software at the following address : www.navx.com. The present Contract includes these notices and/or modalities by referring to them. By accepting this Contract, you also promise to accept, if necessary, the additional terms and conditions mentioned here.


11. General observations

The present Contract is concluded under French law. By the present document, you accept the exclusive authority of the jurisdiction and the courts of France in all cases of litigation connected with the present Contract.


The present Contract represents the complete contract between the parties as regards the end user licence for this software, and it shall prevail against all other contracts or agreements previously concluded or now in force, be they oral or written. In the case of violation of the present Contract, or if Navx delayed the exercise of one of the rights that are granted to it by virtue of the present Contract, or declined to exercise some such right, this shall not imply or lead to any renunciation of such rights.

If one of the elements of this Contract should be declared contrary to law by a competent court of law, that element shall apply in so far as possible, and the other elements of the present Contract shall remain completely applicable.

Please address all questions concerning the present contract to NAVX – 129 rue Jules Guesde 92300 Levallois Perret.

Navx and the other commercial trademarks contained in the software are commercial trademarks or registered trademarks. Commercial trademarks, brand names, product names and logos can be the commercial trademarks or registered brands of those who have registered them. You are not authorized to remove or modify commercial trademarks, brand names, product names, logos, copyright notices, other exclusive marks, legends, symbols, or labels from the software. The present Contract does not authorize you to use the name of NAVX or those who have granted it a license, nor to use the corresponding commercial trademarks.

Article 29 - Contract for End User License for « Navx Tracker System »

IMPORTANT :
THIS END USER CONTRACT FOR A SOFTWARE PROGRAM CONSTITUTES A CONTRACT BETWEEN YOU AS USER AND NAVX. READ IT CLOSELY BEFORE COMPLETING THE INSTALLATION AND USING THE SOFTWARE. THIS LICENCE CONTRACT AUTHORIZES YOU TO USE THE SOFTWARE AND CONTAINS INFORMATION ABOUT GUARANTEES AND LIMITATION OF RESPONSIBILITY. BY CLICKING ON THE BUTTON MARKED « DOWNLOAD » OR « INSTALL NOW », YOU AGREE THAT YOU ACCEPT THE SOFTWARE AND YOU AGREE TO BE BOUND BY THE TERMS OF THE CONTRACT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS CONTRACT, PLEASE DO NOT INSTALL THE SOFTWARE.

1. Definitions

(a) « NAVX » designates the Navx Company, SA with a capital of 161, 818 €, listed in the Register of Businesses and Companies of Paris as number 487 586 265, main operations located at 104 bis boulevard Voltaire, Paris ; « NAVX » may in some cases designate the persons granting the licence.

(b) " Software program " corresponds solely to the software program(s) Navx Sync, furnished by NAVX, with corresponding documentation in electronic form or online, as well as all updates or later versions of the software.

2. Granting of licences

(a) You are authorized to install and use this software only on a personal computer using a Windows operating system (including PC operating system versions Windows 95, 98, 2000, NT, ME, and XP Home and Professional), under the condition that you do not use the software on any product other than a PC or any complete version or single operating system mentioned above, including (list not exhaustive) portable computers, Internet devices, decoders (STB), mobile telephones, PDA's, telephones, Internet pads, notebook computers, game consoles, televisions, DVD's, game machines, personal device control systems, or any other electronic device or service based on a closed system or on mobile/cable/satellite television equipment ; and this holds despite any contrary indication in the present document.

A license for this software cannot be shared, installed, or used on different computers at the same time.

(b) You authorize Navx to monitor your use of this software in order to insure that the terms of the present contract are observed. This monitoring can occur at any moment, provided that reasonable notice is given. If this monitoring determines that your use of the software has not completely observed the terms of this contract, you will be obliged to reimburse Navx the entire amount of the costs of the monitoring (limited to a reasonable amount), and you may face other legal action initiated against you by Navx as a result of your failure to observe the terms of the contract.

(c) In accordance with the terms of the present contract, your licence rights are not exclusive.

3. Limitations of the licence

(a) You are not authorized to create or distribute copies of the software or to transfer the software by electronic means to a network, or to transfer the software from one computer to another computer.

(b) You are not authorized to alter, merge together, modify, adapt or translate the software, or to decompile, copy elements, disassemble or reduce the software program in any way whatsoever or in any comprehensible manner.

(c) You are not authorized to sell, rent or hire out the software, or to grant a sub-licence to use the software.

(d) You are not authorized to modify the software or to create derivative versions of the software.

(e) You are not authorized to export the software to a country that would be subject to restrictions under the « Administration Act » of the United States of America or under any regulations deriving from that Act.

(f) In case of failure to observe the terms of this Contract, Navx reserves the right to cancel the licence.

In case of cancellation, you are obligated to destroy all copies of the software (all other rights of the two parties and all other stipulations of this Contract remain in effect after cancellation).

(g) You are not authorized to use this software for the purpose of developing software or some other technology that would serve the same basic function as the software, including (list not exhaustive) the use of the software in any process of development or test whose objective is to develop a similar software program or any other technology, or to determine if this software functions in the same manner as that other program or technology.

4. Ownership

The present licence grants you a licence for limited use of the software. Navx holds the entire group of rights, including intellectual property rights and copyrights, related to the software and all copies of it.

Navx reserves all rights not specifically mentioned or granted in the present contract, including rights derived from Federal or international treaties on intellectual property.

5. New versions of the software

Navx, at its sole discretion, reserves the right to add functionalities or additional functions, or to furnish program debugs or updates, or later versions of the software. You acknowledge and and agree that Navx has no obligation to furnish you with updated or new versions of the software. You also agree that in the case where you desire to download, install, or use a new version of the software, you could be obliged to enter into a new version of the present Contract. Moreover, you acknowledge and agree that Navx, at its sole discretion, may modify, interrupt, or suspend your ability to use any version of the software, or to cancel all licences granted by virtue of the present document, at any moment. Navx may also suspend or cancel any licence granted by virtue of the present contract, or deactivate any software to which you have already had access or that you may already have installed, without notice and at any moment.

6. Notice of non-responsibility

(a) The software is furnished to you free of charge and as is. Navx does not furnish any technical assistance, guarantee, or recourse as concerns the software.

(b) Navx and its suppliers reject any guarantee or representation, explicit, implicit, or otherwise, including guarantees of commercial use or aptitude for a particular purpose. There is also no guarantee of authenticity or right to unhindered enjoyment of the good. Navx does not guarantee that the software does not contain errors, or that it will function without interruption. No right or recourse in relation to Article 2A of the universal convention on the rights of authors will be conferred upon you unless this is expressly stipulated in the present contract. The software is not conceived, intended, or licensed for use in dangerous environments which require security monitoring, including but not limited to, environments of conception, construction, maintenance, or functioning of nuclear installations, aerial navigation or systems of in-flight communication, air traffic control, life-preserving systems or armaments. Navx specifically declines any guarantee expressed or implied as regards aptitude for such activities.


(c) In certain cases, legislation requires guarantees for the software. These guarantees are limited to a period of ninety (90) days from the date of delivery.

(d) No information or oral or written advice furnished by Navx or its employees creates a guarantee, or extends in any way whatsoever the period of time covered by any guarantee that may eventually be granted.

(e) Navx declines all responsibility in cases in which the software shall have undergone modifications, or in which malfunction of the software follows use of the software with any hardware configuration, platform, or operating system other than those which are recommended.

7. Limitation of responsibility

(a) Navx declines to accept responsibility in relation to you or any third person in cases of indirect, special, accidental, dissuading, covering or accessory damages (including but not limited to damages related to lack of aptitude to use the equipment, or to gain access to data, loss of operating ability, loss of profit, interruption of activity, etc.) connected with the use or the impossibility of use of the software. This limitation of responsibility is based on all the theories of responsibility, including that involving violation of contract, fault (including negligence), product responsibility or any other, even if Navx or its representatives were warned of the possibility of such damage, and even if the essential objective of a recourse mentioned here has failed.

(b) The preceding limitations relative to responsibility necessarily apply to all aspects of the present Contract.

8. Basis of this offer

The notice of non-responsibility and limitation of responsibility mentioned above constitute fundamental elements that form the basis of the contract between Navx and you. Navx would not be able to furnish the software on the economic basis provided without limitations of that kind. This notice of non-responsibility and this limitation of responsibility benefit the persons to whom Navx grants a licence.

9. An end user is only a consumer

The limitations or exclusions from guarantees and from responsibility mentioned in the present Contract do not affect the statutory rights of consumers, that is, persons who acquire goods outside of any professional activity.

The limitations or exclusions from guarantees, recourse, or responsibilities mentioned in the present Contract apply to you only in so far as these limitations or exclusions are authorized under French legislation.

10. Third party software

The software may contain third party software programs that necessitate additional notices and/or modalities and conditions. You will find these additional notices and/or modalities and conditions as required for third party software at the following address : www.navx.com. The present Contract includes these notices and/or modalities by referring to them. By accepting this Contract, you also promise to accept, if necessary, the additional terms and conditions mentioned here.

11. General observations

The present Contract is concluded under French law. By the present document, you accept the exclusive authority of the jurisdiction and the courts of France in all cases of litigation connected with the present Contract.


The present Contract represents the complete contract between the parties as regards the end user licence for this software, and it shall prevail against all other contracts or agreements previously concluded or now in force, be they oral or written. In the case of violation of the present Contract, or if Navx delayed the exercise of one of the rights that are granted to it by virtue of the present Contract, or declined to exercise some such right, this shall not imply or lead to any renunciation of such rights.

If one of the elements of this Contract should be declared contrary to law by a competent court of law, that element shall apply in so far as possible, and the other elements of the present Contract shall remain completely applicable.

Please address all questions concerning the present contract to NAVX – 129 rue Jules Guesde 92300 Levallois Perret.

Navx and the other commercial trademarks contained in the software are commercial trademarks or registered trademarks. Commercial trademarks, brand names, product names and logos can be the commercial trademarks or registered brands of those who have registered them. You are not authorized to remove or modify commercial trademarks, brand names, product names, logos, copyright notices, other exclusive marks, legends, symbols, or labels from the software. The present Contract does not authorize you to use the name of NAVX or those who have granted it a license, nor to use the corresponding commercial trademarks.