PRECAUTIONS AND NOTICES and END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ CAREFULLY BEFORE USING THE NAVIGATION SYSTEM
Register your Alpine Navigation System online at www.alpine.com.au to ensure that you are notified of important future software updates.
PRECAUTIONS AND NOTICES
This product is intended to provide turn by turn instructions to get you to a desired destination. Please ensure that all users of this navigation system carefully read these precautions and follow the instructions fully.
1) This product is not a substitute for your personal judgment. Any route suggestions made by this navigation system may never supersede any local traffic regulations or your personal judgment and/or knowledge of safe driving practices. Do not follow route suggestions if the navigation system instructs you to perform an unsafe or illegal manoeuvre, places you in an unsafe situation, or guides you into an area which you consider unsafe.
2) Glance at the screen only when necessary and safe to do so. If prolonged viewing of the screen is necessary, pull over in a safe and legal manner and location.
3) Do not input destinations, change settings, or access any functions requiring a prolonged view of the monitor and/or remote control while you are driving. Pull over in a safe and legal manner and location, and then ensure the vehicle is stationary before attempting to access the system.
4) Do not use the navigation system to guide you to emergency services. Not all locations of emergency services such as police and fire stations, hospitals and clinics are contained in the database. Please use your own judgment and ask for directions in these situations.
5) The map database used in the navigation system is the most recent map data available to Alpine at the time of production. Because of changes in streets and neighborhoods, there may be situations where the navigation system is not able to route you to your desired destination. In these cases, use your own judgment.
6) The map database is designed to provide you with route suggestions and does not take into account the relative safety of a suggested route or of factors which may affect the time required to reach your destination. The system does not reflect road closures or construction, road characteristics (i.e. type of road surface, slope or grade, weight or height restrictions, etc.), traffic congestion, weather conditions, or any other factors which may affect the safety or timing of your driving experience. Use your own personal judgment if the navigation system is unable to provide you with an alternate route.
7) There may be situations where the navigation system displays the vehicle’s location erroneously. Use your own driving judgment in this situation, taking into account current driving conditions. Please be aware that in this situation the navigation system should correct the vehicle’s position automatically. However, there may be times where you may have to correct the position yourself. If this is the case, pull over in a safe and legal manner and location before attempting this operation.
8) Make certain that the volume level of the navigation system is set to a level which still allows you to hear outside traffic and emergency vehicles.
9) Your navigation system must be installed or fixed in the vehicle in accordance with state and local laws. Please consult your Authorised Alpine Australia Dealer or local laws department for advice on correct installation of the navigation system. If there is anything in the manual about the operation of the navigation system which you are uncertain about, please contact your local Authorised Alpine Dealer, or Alpine Electronics of Australia Pty. Limited (03) 8787 1200.
END USER LICENSE AGREEMENT (EULA)
This End User License Agreement (“EULA”) is a legally binding agreement between you (“User”) and Alpine Electronics of Australia Pty. Limited. (“Alpine”). By breaking the seal and/or any degree use of the Alpine in-vehicle Navigation System (“System”) with its navigation guidance software (“Software Product”), map Database and any third-party content (“Data”), the User has demonstrated agreement to the terms and conditions of this License set forth below and thereby agrees to be bound by them. The User should, therefore, make sure that the following provisions are read and understood.
1) GRANT OF LICENSE
1.1 Alpine warrants that is has the authority to grant the License and grants the User a personal, non-exclusive, non-transferable License to use the System, its Software Product and Data, on the terms and conditions contained in this License. The User has no right or authority, whether express or implied to sub license the Product.
1.2 This License commences on the date the User breaks the seal on the System and uses the System, and continues until the License ends in accordance with the terms and conditions set below.
1.3 The User hereby acknowledges that following the lawful acquisition of the System and installation of the System hardware into a vehicle, or in the event the system is used in any manner, then these events shall be conclusive evidence that the User has accepted the terms and conditions of this License.
1.4 This License shall not apply to nor authorise the use of the System by those persons having unlawfully acquired the System, its Software Product and/or Data, or having unlawfully installed it into any form of vehicle.
1.5 The License shall apply to the System, its Software Product and Data, its complete documentation and any third-party content and services accessible through the System.
1.6 Any form of display, storage, coding, including printed, electronic or graphic display, or any other such medium shall be deemed to be part of the System. Error corrections, additions, as well as any preexisting and/or future updates used by the User through the System shall also be deemed part of the System.
1.7 The User may not duplicate the System, its Software Product and Data, printed materials, or make products derived from the System, its Software Product and Data except for the rights granted to the User by this License.
1.8 The terms and conditions hereof apply to all subsequent users and owners as well as to the original purchaser.
2) LIMITATIONS OF USE
2.1 The System, its Software Product and Data is Licensed to the User for personal use only and not for resale.
2.2 The System is protected by copyright laws and other intellectual and/or proprietary rights, and is subject to the terms and conditions of this License.
2.3 The User is not permitted to use the System together with the Software Product and Data for any commercial, service bureau, time-sharing or other similar purposes.
2.4 Subject to the restrictions set forth in this License, the User may copy the Software Product and/or Data only as necessary for personal backup or archival purpose to (i) view it, and (ii) save it, provided that the User does not remove any copyright notices that appear and does not modify the Software Product and/or Data in any way. Any such copies of the Software Product and/or Data made by the User shall remain the property of Alpine and its Licensors.
2.5 The User agrees not to reproduce, copy, modify, extend, decompile, disassemble, translate, transform or create any derivative works of, or reverse engineer any portion of the System, its Software Product and Data except as expressly permitted by this License agreement of by Statute.
2.6 Apart from using the software program, the User agrees not to obtain information from the Data as a part of the Software Product, to decompile the Data, to use, copy, modify, extend, transform the Data in whole or in part or the group of data stored therein, or to install it in other products or otherwise, utilise it in other products or to transfer it, not even with the aim of achieving interoperability with other products except as expressly permitted by Statute.
2.7 The User agrees not to evade or interfere with the protection of the System, its Software Product and Data, or modify, circumvent or obviate such protection through technological or any other means.
2.8 The User may not transfer or distribute the Software Product and Data in any form, for any purpose, except to the extent permitted by this License agreement or by statute.
2.9 The right to use the System, its Software Product and Data shall expire either when the User destroys the Software Product and Data, or when any of the terms for use are violated and Alpine exercises the option to revoke the License to use the Software Product and Data.
Except where the User has been specifically licensed to do so by Alpine, and without limiting the preceding paragraph, the User must not;
(a) use the System, its Software Product and/or Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications;
(b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants (PDAs).
The System, its Software Product and/or Data may contain errors, inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.
5) DISCLAIMER OF WARRANTY
ALPINE AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY LAW OR REGULATION. THIS DISCLAIMER DOES NOT ATTEMPT OR PURPORT TO EXCLUDE LIABILITY ARISING UNDER STATUTE IF, AND TO THE EXTENT, SUCH LIABILITY CANNOT BE LAWFULLY EXCLUDED.
6) LIMITATION OF LIABILITY
6.1 To the full extent permitted by law, neither Alpine nor its officers, employees, agents and/or Licensors (including their licensors and suppliers) shall be liable for any damages caused by the use of the System, its Software Product and Data to the actual user and/or to any third party.
6.2 The System, together with its Software Product and Data are provided to the User “AS IS” and the User agrees to use it at his or her own risk. Alpine and its Licensors (including their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use of results to be obtained from the System, its Software Product and Data, or that it will be uninterrupted or error-free.
6.3 To the full extent permitted by law, Alpine and its Licensors (including their licensors and suppliers) shall not be liable to any User in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the System, its Software Product and Data. Alpine and its Licensors (including their licensors and suppliers) shall not be liable in any way for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages resulting from any defect in the System, its Software Product and/or Data, whether in an action in contract or tort or based on a warranty, even if Alpine or its Licensors (including their licensors and suppliers) have been advised of the possibility of such damages. LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) (E.G. SOFTWARE LICENSORS, DATABASE OWNERS, MAP PROVIDERS) OR AGENTS OF LICENSORS SHALL HAVE NO MONETARY LIABILITY TO THE USER FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.
6.4 The User shall indemnify and save harmless to Alpine and it’s Licensors (including their licensors and suppliers), and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or possession of the System, its Software Product and/or Data.
6.5 It is the sole responsibility of the User, when using the System, in any form of vehicle, to observe traffic regulations and rules (e.g. use of obligatory and/or reasonable and suitable security measures, proper and generally expected care and attention in the given situation, and special care and attention required due to the use of the System). Alpine and its Licensors (including their licensors and suppliers) shall not assume any responsibility for any damages incurred in relation to use of the System in any form of vehicle.
6.6 Some States, Territories and Countries have laws that do not allow certain liability exclusions or damages limitations or that apply guarantees, warranties, conditions, representations or terms that cannot be excluded or limited (except to a limited extent). Such laws may, for example, impose non-excludable guarantees from a supplier that goods are of acceptable quality or will be reasonably fit for any purpose the consumer or supplier has specified (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such laws apply to these terms and conditions, the above exclusion of liability will not apply to you.
6.7 If you did not acquire the Data from Alpine or its licensors (including their licensors and suppliers) directly, you may have statutory rights against the person from whom you have acquired the Data in addition to the rights granted by Alpine and its licensors (including their licensors and suppliers) hereunder according to the law of your jurisdiction. The above exclusion of liability by Alpine and its licensors (including their licensors and suppliers) shall not affect such statutory rights and you may assert such rights in addition to any rights granted herein.
6.8 The price of the Data does not include any consideration for assumption of risk of consequential, indirect or unlimited direct damages which may arise in connection with your use of the Data. Accordingly, to the extent permitted by law and except to the extent that Alpine’s or its licensors’ (including their licensors’ and suppliers’) gross negligence or unlawful conduct has caused the relevant damage or loss, Alpine and its licensors (including their licensors and suppliers) will not be liable for any direct, consequential or indirect damages, loss of revenue, data, or use, incurred by you or any third party arising out of your use of the Data, whether in an action in contract or tort or based on a warranty, even if Alpine and its licensors (including their licensors and suppliers) have been advised of the possibility of such damages. Except in respect of any rights you may have under any laws (including any statutory guarantees) or in any other circumstances where Alpine and its licensors (including their licensors and suppliers) are not able to exclude or limit their liability, Alpine and its licensors’ (including their licensors’ and suppliers’) liability for damages is limited to the price of your copy of the Data.
6.9 The disclaimers, exclusions and limitations of liability in these end-user terms are agreed to by you for the benefit of Alpine and its licensors (including their licensors and suppliers).
7.1 Alpine may cancel the License immediately by giving the User notice if the User is in breach of these terms and conditions.
7.2 Alpine may also cancel the License by giving the User as much notice as is reasonably possible if:
(a) the law requires Alpine to do so; or
(b) the License becomes illegal or Alpine believes there are reasonable grounds that it may become illegal.
7.3 The rights of the User under this License will end as soon as this License is cancelled. Following cancellation, the User will also need to return the System, and all copies of its Software Product and Data to Alpine at the expense of the User. Alpine may ask for proof the System and all such copies of the Software Product and Data have been returned.
7.4 Any rights or remedies which existed before cancellation will continue to exist after cancellation.
8) PROPERTY AND OWNERSHIP
8.1 All intellectual property rights (including copyright) in and to the System, its Software Product and Data are the sole property of Alpine, its Licensors (including their licensors and suppliers), except for the rights granted to the User in this License, the User will not acquire any intellectual property or other rights in or to the System or any part of the System, its Software Product and Data.
8.2 Pursuant to this License agreement, all rights vested in the System, its Software Product and Data shall remain in the ownership of Alpine and it’s Licensors, except for those which the User is entitled under law or by virtue of this License.
9) CONTENTS AND SERVICES
9.1 Alpine and it’s Licensors (including their licensors and suppliers) hereby excludes any liability for the Data in the Software Product and for any content or service provided by a third party by using the Data. Alpine and it’s Licensors (including their licensors and suppliers) does not warrant the quality, suitability, accuracy, fitness for a specific purpose or territorial coverage of content and/or service, or the availability of the service, and it specifically excludes any liability for the suspension of the service, and any damage arising in relation to the service or for complete cancellation of the service. The User hereby acknowledges that the contents and/or services provided by third parties may only be used at the risk of the User and for the personal use of the User.
9.2 Contents and/or services provided by Licensors (including their licensors and suppliers) or a contractual partner may offer various products and services to the User through website(s) (e.g. www.naviextras.com). The User may only use these contents and services when the User has read and understood the relevant end user license agreement(s) at such website(s) and the User is obliged to use the contents and services acquired in line with the terms and conditions thereof.
9.3 The User may only use the contents and services available through the System provided by third parties (including but not limited to the traffic data received from the RDS TMC traffic information service) for his/her own personal benefit and at his/her own risk. It is strictly prohibited to store, to transfer or to distribute these data or contents, or to disclose them in full or in part to the public in any format, or to download them from the System.
9.4 The User may only use contents and/or services of third parties through the System when the User has read and understood the relevant end user license agreement(s), of the third parties and the User is obliged to use contents and/or services in line with their terms and conditions thereof.
10.1 No variation of this agreement will be effective unless in writing and signed by both parties.
10.2 Should any part of this agreement be or become invalid or be held to be unenforceable that part shall be severed from this License Agreement. Such invalidity or unenforceability shall not affect the validity of the remaining provisions of the License Agreement.
10.3 This License shall be governed by and construed in accordance with the laws for the time being in force of the State of Victoria, Australia and the parties agree to submit to the jurisdictions of the courts and tribunals of that State.
10.4 Any dispute or difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia. During such Arbitration both parties may be represented by a duly qualified legal practicioner.
10.5 A reference to a person in this License agreement includes a reference to a firm, corporation or other corporate body.
10.6 Alpine reserves the right, at its discretion, to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification at the www.alpine.com.au website.
10.7 ©NNG Kft. (registered seat: 23 Berc utca, H-1016 Budapest, Hungary; Company reg.no.: 01-09-891838)
10.8 NAVTEQ On Board™ is a registered trademark of NAVTEQ. ©2013 NAVTEQ. All rights reserved. 10.9 Suna™ is a registered trademark of Intelematics Australia Pty. Ltd.
LIMITED WARRANTY (3 YEAR CONDITIONAL)
Limited 3 Year Warranty when installed by an Authorised Alpine Dealer
Limited 12 month Warranty when not installed by an Authorised Alpine Dealer
Alpine is pleased that you have purchased this in-vehicle Navigation System. We are dedicated to superior quality and workmanship and our Navigation System comes with this conditional 36 month* warranty in the unlikely event that you encounter a problem with the Navigation System Hardware.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonable foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
This Alpine warranty is in addition to the rights and remedies imposed by Australian Federal and State legislation and should not in any way be interpreted as excluding, restricting or modifying any Federal and State legislation.
Conditions of Warranty
^The 36 month warranty commences on the original date of purchase and is conditional upon the System being purchased from and installed by an Authorised Alpine Australia Dealer only. In the event the Navigation System is purchased from an Authorised Alpine Australia Dealer but is not installed by an Authorised Alpine Australia Dealer then a reduced 12 month warranty shall apply to the System. Alpine does not and cannot warrant that the Navigation System, its Software Product and Data operates error-free. Calculation errors may occur when using the Navigation System as result of changed road and environmental conditions, and/or incomplete Data. The warranty on the Navigation System shall not extend to an exchange or refund due to misspelling, omission of letters, or any other cosmetic discrepancy in the content found in the Navigation System, its Software Product and/or Data.
This warranty covers the Navigation System purchased from an Authorised Alpine Australia Dealer only. Pre-owned, ex-demonstration products, and products purchased from overseas or not originally supplied by Alpine Australia are excluded.
Length of Warranty
In the event that the product was purchased from an Authorised Alpine Australia Dealer and installed by an Authorised Alpine Dealer the period of this warranty is for 36 months from the original date of purchase and this warranty is offered to the original purchaser only and is not transferable to subsequent purchases, if the goods are sold by the original purchaser during this warranty period. In the event that the product was purchased from an Authorised Alpine Australia Dealer but not installed by an Authorised Alpine Dealer the period of this warranty is for 12 months from the original date of purchase and this warranty is offered to the original purchaser only and is not transferable to subsequent purchases, if the goods are sold by the original purchaser during this warranty period. The Warranty covers all defects in workmanship or materials, including parts and labour required to correct the problem.
Alpine will at its discretion repair or replace the product with a new or reconditioned product without charge to the purchaser, subject always to the Exclusions detailed in this Warranty. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. Alpine will pay all freight costs to return the product to the purchaser.
The purchaser is responsible for the expenses associated with claiming the warranty including delivering the product to the nearest Alpine Dealer or Service Agent and for the payment of any insurance or shipping charges to the Alpine Dealer or Service Agent, as well as the cost of removing and refitting the product.
This warranty does not cover the following;
(a) Damage occurring during shipment to Alpine or any Alpine Dealer or Service agent.
(b) Damage during shipment is the responsibility of purchaser or the carrier and insurance is highly recommended.
(c) Damage caused by accident, abuse, negligence, misuse, improper connections, improper operation, or failure to follow the instructions contained in the owner’s manual.
(d) Damage caused by acts of hostility or terrorism.
(e) Damage caused by Acts of God, including but without limitation, earthquake, fire, flood, storms or other Acts of Nature.
(f) Service performed by any person, company, organisation or service agent who is not an authorised Alpine Service Agent.
(g) Any product which has the serial number removed detached or defaced or which the serial number discloses that the product has not been supplied by Alpine Australia.
(h) Any product which has been adjusted, altered or modified without Alpine’s consent.
(i) Any product not distributed by Alpine Electronics of Australia Pty. Limited in Australia or purchased from a dealer appointed and authorised by Alpine Electronics of Australia Pty. Limited.
(j) Any product that has been subjected to an excessive amount of dust, dirt or unreasonable environmental conditions.
How do you obtain Warranty Service?
If the purchaser does experience a problem, the first point of contact should always be the nearest Authorised Alpine Australia Dealer.
To obtain Warranty Service the purchaser must;
(a) provide a detailed description of the problem and a list of associated components installed in the vehicle.
(b) provide suitable proof of purchase for the product. This includes a copy of the original invoice showing purchase date, model and serial number.
Limited Implied Warranties
Alpine Electronics of Australia Pty. Limited shall not be held responsible for loss of use or any form of consequential loss whatsoever.
Only Alpine products purchased from an Authorised Alpine Australia Dealer are covered by our official warranty, subject to terms and conditions.
The comprehensive Alpine Australia Warranty ensures that if you have a problem, it will be resolved as quickly as possible. Furthermore, if there is a product update or recall, your Authorised Alpine Dealer will be there to support your purchase long after your money is handed over.
Alpine registers the serial number of every Alpine product which we sell in Australia, as well as the Authorised Dealer the product was originally delivered to. Alpine products purchased through unauthorized dealers are NOT covered by the Alpine Australia Products Limited Warranty. If you purchase on-line, from overseas or from an unauthorized dealer and you have a problem, you will need to return the unit to the seller for any warranty repairs.