Terms and Conditions of Use

This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.

Section 1. Company's Liability.
The Material may contain inaccuracies or typographical errors. Company makes no representation about the accuracy, reliability, completeness, or timeliness of the Material or about results to be obtained from using the Web Site and the Material. Use the Web Site and the Material at your own risk. Changes are periodically made to the Web Site and may be made at any time. COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Section 2. Disclaimer of Consequential Damages.
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 3. User Submission
Generally, any communication which you post to the Web Site is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by Company as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Web Site, you automatically grant Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.

Section 4. Links to Other Sites.
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web Sites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Section 5. Software Licenses.
All software that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement o designated "Legal Notice" accompanying such software license ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.

Section 6. Limitation of Liability.
Unless otherwise expressly provided in a Software License Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.

Section 7. Indemnity.
You agree to define, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 8. Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

Section 9. Forward Looking Statements.
Except for historical information contained herein, statements made at this website that would constitute forward-looking statements may involve certain risks such as our ability to keep pace with technological advances, significant competition in the wireless, mobile and consumer electronics businesses, quality and consumer acceptance of newly introduced products, our relationships with key suppliers and customers, market volatility, non-availability of product, excess inventory, price and product competition, new product introductions and other risks detailed in the Company's public filings with the Securities and Exchange Commission. These factors, among others may cause actual results to differ materially from the results suggested in the forward-looking statements.

Section 10. General.
This Web Site is based in Heathrow, Florida. The Company makes no claims the Materials are appropriate or may be downloaded outside the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.

End-User License Agreement
This End-User License Agreement (" EULA" ) is a legal agreement between you and Dual Electronics Corp. (DUAL). You agree that this EULA is enforceable like any written negotiated agreement signed by you. This EULA applies to the use of DUAL software, including Internet-based services, and all contents and contents programs offered by DUAL (" Software" ).

Please read this EULA carefully. By downloading, installing or using the Software, you accept all the terms and conditions of this EULA. If you do not agree to the terms of this EULA, you are not entitled to use the Software and you must not download, install or use the software.

Your use of real time route guidance applications is at your sole risk. Do not attempt to enter or change information while driving. Location data may not be accurate. Do not follow directions which appear unsafe.

1) GRANT OF LICENSE: This EULA grants a license (" License" ) that permits you to use the Software on an Apple iPhone® or Apple iPod touch®. This License is non-exclusive and non-transferable. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this EULA and any amendments to it unless other terms accompany the upgrades, updates or supplements in which case those terms apply.

2) COPYRIGHT: Copyright and other intellectual, industrial and/or proprietary rights to the Software are owned by DUAL and/or its suppliers. DUAL permits you to use the Software only in accordance with the terms of this EULA. All rights not specifically granted in this EULA are reserved by DUAL.

3) OTHER RESTRICTIONS: Renting, leasing, sub-licensing, public presentation, broadcasting or any other kind of distribution of the Software is prohibited. Other than as permitted by applicable legislation, you will not, and will not allow any other person to, modify the Software or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Software, or to make products derived from it.

4) CONFIDENTIALITY: You acknowledge and agree that the Software was developed at considerable time and expense by DUAL and is confidential to and a trade secret of DUAL and/or third parties. You agree to maintain the Software in strict confidence and not to disclose or provide access thereto to any person.

5) THIRD PARTY SOFTWARE LICENSES: DUAL products may make use of third party software. Notwithstanding clauses 2, 3 and 4, use of some third party materials included in the Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of these third party software codes, algorithms and data are to be found via http://www.dualav.com. You hereby agree to the terms and conditions for such third party software.

6) LIMITED WARRANTY: a) DUAL does not and cannot warrant that the Software operates error-free. You should be particularly aware of the fact that calculation errors may occur when using Software for instance caused by local environmental conditions and/or incomplete data.

b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUAL AND ITS SUPPLIERS PROVIDE THE SOFTWARE " AS IS AND WITH ALL FAULTS" , AND HEREBY DISCLAIM ALL OTHER WARRANTIESAND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF: MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT, LACK OF VIRUSES, AND REASONABLE CARE AND SKILL, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description. If applicable law requires any implied warranties with respect to the Software, all such warranties are limited in duration to thiry (30) days. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you.

c) This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising documentation, packaging, or other communications.

7) LIMITATION OF LIABILITY:

a) NEITHER DUAL NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE ANY THIRD PARTY EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF DUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF DUAL AND ANY OF ITS SUPPLIERS ARISING FROM OR RELATED TO THIS EULA, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR THE SOFTWARE.

c) Notwithstanding clauses 7(a) and (b), or anything else contained in this EULA, neither party" s liability for death or personal injury resulting from its own negligence shall be limited.

d) Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

e) THE SOFTWARE, CONTENT AND THE HARDWARE DEVICE ARE NOT DESIGNED OR INTENDED FOR USE IN ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS, OR IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY OR FOR USE IN THE CONTROL OF MASS TRANSIT OR MEDICAL APPLICATIONS OR IN ANY OTHER INHERENTLY DANGEROUS APPLICATION. DUAL AND ITS SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM SUCH USE IF YOU USE THE SOFTWARE, CONTENT OR HARDWARE DEVICE IN SUCH APPLICATIONS.

8) TERMINATION: Without prejudice to any other rights, DUAL may immediately terminate this EULA if you fail to comply with any of its terms and conditions. In such event, you must destroy all copies of the Software. The following provisions of this EULA will survive termination and will remain in effect after termination of this EULA: Sections 3, 4, 6, 7, 8, 9, 11, 12, and 13. DUAL reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the Software.

10) ENTIRE AGREEMENT: This EULA (including any addendum or amendment to it which may be supplied with the Software), if applicable, and any other terms and conditions, if applicable, is the entire agreement between you and DUAL relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent that the terms of any DUAL policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall govern. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

13) GOVERNING LAW: This EULA and any disputes related to this EULA or to the use of the Software or otherwise are subject to Florida law, without giving effect to any principles that may provide for application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to this EULA. All disputes arising out of this EULA shall be settled in the federal or state courts located in Orlando, Florida, which will have exclusive jurisdiction in respect of any such disputes. Should you have any questions concerning this EULA, or if you desire to contact DUAL for any reason, please visit DUAL on the World Wide Web at http://www.dualav.com

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export GPS devices from Dual Electronics to countries or persons prohibited under export control laws. By downloading the software or firmware applicable to these devices, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the GPS devices, software and firmware.