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Terms and Conditions
Navegación Satelital de Costa Rica, S.A., 3-101-450326(NavSat)
FIRST. OBJECT
THE CLIENT acquires COSTA RICA’S RUTEABLE MAP (“MAP”) AND/OR COSTA RICA’S RUTEABLE MAP AND GEOSPACIAL LOCATION EQUIPMENT (“MYE”) either as browser and/o as cellular phone accessories, whose specifications are detailed in the corresponding invoice, which forms an integral part of the present conditions.
THE CLIENT receives the MAP and/or MYE in perfect working conditions and maintenance and without deterioration.
SECOND. PRICE AND UPDATES
THE CLIENT acquires the MAP and/or the MYE and the updates listed in the next paragraph for the unique and definite value to be detailed in the invoice.
THE CLIENT will have the right, during a term of one (1) year since the acquisition of the MAP and/or the MYE, for the price established in the corresponding invoice, to all those updates that NAVSAT.CR carries out to the MAP that is purchased as part of the present agreement.
The updates will be submitted to THE CLIENT when THE CLIENT requests them, as long as they are available and THE CLIENT has registered and activated online in accordance with the specification NAVSAT.CR provides for in www.navsatcr.com. Once the term indicated above has expired, NAVSAT.CR will be released from providing THE CLIENT the updates made to the MAP, which will be available for THE CLIENT, prior payment of the fee that NAVSAT.CR determines as valid and in force at that time.
THIRD. SPECIFICATIONS
In the case of the browsers, the MAP is delivered in the hard drive. In the case of the accessory equipment for cellular phones, the MAP is saved in a SD Card which is inserted in the cellular phone. The MAP is codified in such a way that only functions in one EQUIPMENT. Any damage, loss, theft and/or malfunction will require the acquisition of a new MAP and/or MYE by the CLIENT, even if the final CLIENT makes a change of equipment, this will require the acquisition of a new MAP by the CLIENT. Any equipment replacements made under the guarantees herein stipulated are excluded from this provision. Some product versions include the map of the United States of America. NAVSAT.CR is not the creator of such map and, therefore, is not responsible for the uses given to it nor is authorized nor has the capacity to modify or update it. In consequence, the updates referred to in the previous clause refer exclusively to the MAP of Costa Rica.
FOURTH. LIMITED LIABILITY OF THE PARTIES
THE MAP and/or MYE has been delivered to the CLIENT once its optimal functionality has been proven and, therefore, NAVSAT.CR is not liable for:
Right of way of the roads identified in the MAP and/or MYE.
Existence of the roads pointed out in the MAP and/or MYE.
Conditions of the existent roads.
Traffic accidents in general and/or any other type
In case the CLIENT does not reach the required destiny or gets lost trying to reach its destiny.
The CLIENT states and declares to:
Relieve and hold harmless NAVSAT.CR from all liabilities for any type of claim or damage
that has been produced by means of the use of the MAP and/or MYE.
Renounce to exercise any claim against NAVSAT.CR for any damages provoked by the lack of concordance between the official traffic signals and the route traced by the MAP or by the lack of information or errors in the MAP referred to the route or destiny, the right of way or access conditions.
Be the only one responsible, as of the reception of the MAP and/or MYE, for the use and damages caused to the MAP which alter its functionality, physical or esthetic conditions, loss, theft, or petty theft of the MAP and/or MYE. NAVSAT.CR does not grant any further guarantees over the EQUIPMENT, other than the guarantees granted by the manufacturer. In case of malfunctioning of the EQUIPMENT, NAVSAT.CR will provide the claim of the CLIENT to the manufacturer, but will not be responsible for it.
FIFTH. USE OF THE MAP
The CLIENT expressly guarantees that the MAP and/or MYE will be used only for personal use and not for its commercialization and/or commercial exploitation.
The CLIENT may not resell, lease, rent, assign, license, distribute, transfer or in any way utilize the MAP and/or the MYE nor allow the use of the MAP and/or MYE by a collectivity, even when you have purchased validly more than one MAP and/or MYE;
The CLIENT may not use the MAP and/or MYE or make available the use of the MAP and/or MYE in such a way that directly or indirectly affect the interest of NAVSAT.CR, its official distributors, re-sellers and/or vendors;
The CLIENT recognizes that the MAP and its content are exclusive creation of NAVSAT.CR and, therefore, compromises not to copy, reproduce, transcribe, save and/or duplicate, in any way and utilizing any means the MAP and the updates that NAVSAT.CR provides in accordance with the clauses and reach of the present agreement;
The CLIENT recognizes that there are civil and criminal sanctions for the reproduction, distribution and unauthorized use of the MAP and/or MYE and that in case of breach of one of the guarantees previously granted, NAVSAT.CR will exercise the legal actions that consider appropriate against the CLIENT
SIXTH. GENERAL CONDITIONS
Nullity: The declared nullity and illegality, by a competent authority, of any of the
stipulations of this agreement, will not affect the validity, legality, and enforcement of the
remaining stipulations
Governing Law and Arbitration: These conditions will be governed and interpreted in accordance with the laws of the Republic of Costa Rica. All the controversies or differences that may relate with or derive from this document, its execution, liquidation or interpretation, will be solved through arbitration in accordance with the Bylaws of the Costa Rican Commercial Chamber of Conciliation and Arbitration, bylaws to which both parties submit unconditionally. The arbitral tribunal will be formed by one member who will decide based on the law. The Costa Rica Commercial Chamber of Conciliation and Arbitration is the institution in charge of administering the arbitral proceeding.
SEVENTH. WARNING
With the purchase of the MAP and/or MYE and/or by the use of the MAP and/or MYE that makes the CLIENT, it is understood that the CLIENT has read, understood, and accepted the content of this document and, therefore, its terms acquire immediate and automatic validity.
In case the CLIENT does not agree with terms herein included, the CLIENT will have eight (8) days since the acquisition of the MAP and/or MYE to return the product and request money reimbursement, case in which the purchase receipt shall be provided. The expiration of such term constitutes the express and irrevocable acceptance of the terms and conditions of this agreement.