General terms and conditions

1. Validity

The following conditions form a part of all contract offers, contracts and registrations as well as including the use of the website and downloads from the company Gmbh.

2. Products and Services

2.1 Use license
A license to use the software products (or data services) is always bound to a single device. The operation of the software (or data services) on multiple devices is prohibited and negates all entitlement to technical support. A license is required for every device, with which the software (or data services) will be used. With the license the user receives the right, on one occasion only, to transfer his license to another device (for example in the case of changing devices). This option does not entitle the user to operate two devices with one license.

2.2 Payment default
Payment default comes into effect in the following cases without warning: a credit card payment, despite approval by the credit card provider, is not carried out by the customer or is revoked; a bank debit cannot be carried out or is revoked; the payment deadline of an open invoice from the invoice date is exceeded or another payment failure or delay occurs. In case of payment default GmbH is entitled, from the first day of the delay, to charge on late payments additional interest in the amount of five percentage points above the benchmark interest rate, but in any case not less than 6% p.a. Gmbh reserves the right, for costs incurred for ordered but unpaid products, to charge an additional fee of 10 Euros. This charge will be applied particularly for unfulfilled bank debits and credit card payments.

2.3 Transfer and re-sales
The activated licence, once purchased, may not be transferred or put out to hire. Only under the following conditions may an active license be sold on:
a) You have not used the option of exchanging your device, or
b) You sell the device for which the license is active together with the license
In addition to these conditions the seller must explicitly warn the buyer that the license is bound to the device and (if applicable) no further transfer of the license to other devices is possible. After the sale you must immediately destroy the license activation data and may not use the data again. Furthermore the license for prolonged use is forfeit with the sale of the activation data.

2.4 Right of return
You have the legal right to withdraw from a purchase, as applied in Section 355 of the BGB and pursuant to the following conditions: As the products from the website are license activation codes, a right of return is excluded for a code or software. A refund of the purchase price is not possible (Section 312d paragraph 4, sentence 1 BGB). Irrespective of this, you can, when paying in advance by bank transfer, withdraw from the purchase before the date of release of the license activation (or registration code). The payment order cancellation must reach us in written form (by post) before the dispatch of the license code (or registration code if applicable).

3. Warranty and liability

A guarantee is provided according to the laws of the Federal Republic of Germany. The user accepts that all software may contain errors. The greatest possible care was taken in collating the point of interest (POI) databases from Gmbh, however errors in the database cannot be excluded. As the POI databases are interactive, assumes no responsibility for the completeness or accuracy of the data. Liability for unforeseen damages is limited to twice the original sale value. The above mentioned restrictions do not apply to damage resulting in the loss of life, limb or health. Mandatory legal liability provisions remain unaffected.

The user is responsible for securing his own data before operating new software or hardware. Pocketnavigation Gmbh is only liable for defects caused by insufficient data protection where gross negligence or premeditation can be shown.

4. Price validity

The software (data service) prices are valid at the time of publication. The price as seen on the website is binding; GmbH reserves the right to either accept or reject the old price. Errors are excepted. All orders made with are subject to one-off payments.

5. Reservation of proprietary rights retains ownership of the goods until full payment of the claim. Up to release the buyer may not sell the merchandise, pawn, hire, lend or otherwise allow third party use.

6. Validity clause

This contract is governed by the laws of the Federal Republic of Germany, excluding the CISG. Should any provision of this agreement become invalid, or should the contract contain a loophole, the remaining provisions are still valid. Instead of the invalid provision, a valid clause shall apply, which it is agreed is as close to the original in meaning and intention, the same applies in the case of an omission. The court of jurisdiction is Haar (Germany)

7. Data storage

All data entered are used for the registration of purchased products. All entered data will be stored by both GmbH as well as navigating GmbH, for product license registration and authentication, as well as for information about updates and new products. No data will be passed on to any third parties for marketing or other purposes.

8. Conditions of Use and consent to changes to the Terms and Conditions

A mouse-click agreeing to the general terms and conditions satisfies as written consent. Written consent is also required for a waiver of these conditions. Notwithstanding the foregoing Gmbh has the right to amend the Terms and Conditions, in whole or in part, or after a notification period of five (5) days to effect such a change on general terms and conditions. The continued use of the services of GmbH by the user after the effective date of this amendment is deemed acceptance of the modified Terms and Conditions by the user.

9. Contact Address GmbH
Auf den Hähnen 36
56581 Ehlscheid

Terms and conditions as of: 19.01.2007

Terms of use

1. Safeguards against misuse of application

The user is aware that a use of speed cameras data in combination with navigation systems with built-in or additionally installed alerting programs like the POI-Warner, as a warning device against stationary and mobile speed surveillance in Germany (and some other European countries) can be punished as a misdemeanor (for details see Section 23 Abs.1b StVO – German road taffic regulations). The buyer is obligated to purchase the software / data only for lawful purposes only in Germany, for example, visualization and display of speed cameras before departure, while in the routeplaner mode to set up audible monitoring points such as nursery schools or the announcement of other interesting, but permitted warning / advice points during the journey.
Equally the user is permitted to use the warning in countries where the use of technical aids to warn of speed surveillance is not forbidden. It is your responsibility to keep yourself informed about the legal restrictions as they apply in each country.

2. Data Security

During a data synchronisation the user data, as well as the overlay data from the appropriate folders, will be compared and matched with the online database contents on Gmbh. In doing so, locally changed overlays will be transferred into the database of Local overlays can equally be altered by a data synchronisation. The user is responsible for storage of backup copies of the local overlays before synchronising data online. Through the positive assignment of alterations to the database by the respective user it is possible to identify and prosecute misuse. The annual membership may be terminated by the operator of the database at any time without giving reasons. The collected data, when merged with the POI –sync system, then become the property of the database operator. A disclosure or publication of this data is prohibited. The user expressly agrees that the Warner-POI registration details, the username and the overlay details will be sent to the appropriate server.

3. The import of data into the POI-database of

If the user reports location data, including POI details (GPS coordinates, text description, photos etc.) in the form of a POI-sync, a web questionnaire, or via email, to Gmbh, he gives the following rights in full to Gmbh:
(a) The archiving and database right i.e. the right to store the data electronically in the system environment and / or the database of, to prepare the data for friendly users, to open the data for searches and inquiry, and to extend and allow access to the so-stored data at any time to third parties. This includes the right to optimise the data originally supplied by the user, to edit the data structure, and to convert it into a marketable, application-neutral and cross-platform interchange format (eg XML). The License User is entitled to employ the services of external service providers when applying the archiving and database right.
(b) the editing and reproduction rights, i.e. the right to reproduce (copy) the data in it´s optical form as well as to adapt and change the written content for use in the context of publication, and especially to disable or to remove existing links.
(c) the synchronisation right, i.e. the right to connect and / or link the data, particularly for the purpose of syndication, with other content (eg, text, sound, picture, film, graphic) and / or to make the data accessible with other content via a parallel search or to insert links in the data or open the data to third party access via links. The synchronization right includes the right, in connection with the presentation of data and its spatial environment, to place advertising in any form (such as skyscrapers, pop-ups etc) from advertisers and sponsors.
(d) the broadcast, transmission, online and on-demand rights, i.e. the right to give charged or free access to the (syndicated) data to the public or defined user groups simultaneously or as a delayed transmission, as part of the Internet, online services, intranets, on-demand-services, including mobile platforms through all analogue or digital transmission and retrieval techniques (including all procedures, particularly WAP, I-Mode, GSM, HSCSD, GPRS, EDGE, and UMTS and with the use of all known protocols, particularly http, https, ftp, etc.) including the use of toll telephone services, to provide and / or to send for transmission (such as in "push" - or "pull" procedure), on-demand (on demand) for all technical (including mobile) reception devices (eg TV equipment, PCs, Smartphones, PDAs, Handhelds, Pocket PCs, eBooks, Palm Pilots, Jupiter Companions). This applies to all transmission techniques (such as terrestrial broadcasters, cable, satellite, including direct satellite, microwave, telephone, cellular, Wi-LAN). Included is the right to allow individual users to download the content onto a PC or other output device and / or the printing of the data. The user assures Ltd. through a personal guarantee that he is fully entitled to the foregoing rights and that these rights and their use by Gmbh do not preclude or infringe upon the rights of third parties (in particular no personal, copyright, trademark or otherwise protected rights). The user indemnifies with this personal guarantee Gmbh against the claims of all third parties. Moreover this indemnity also covers the cost of an appropriate legal defense.

4. Names and Trademarks

All of the brand name and trademark symbols listed in the database are used for demonstration and are copyright of their respective manufacturers.

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