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Contents

1. MotionX-GPS Overview
2. MotionX-GPS Status
3. MotionX-Compass
4. MotionX-Track Recorder
5. MotionX-Maps
6. Map Storage & Map Caching
7. MotionX-Track
8. MotionX-Logbook
9. iPod®
10. News
11. FAQ
12. Terms and Conditions

MotionX-GPS Video Tutorial

Watch the tutorial at http://gps.motionx.com/video/.

What's New:

• New Activity Mode selector includes more activities from which to choose: automatic, walking/hiking, running, biking, paddling ocean/lake, padding river, rowing, skating, sailing, power boating, skiing, snowboarding, driving, hang gliding/paragliding, and flying. Select one of these modes for improved filtering of location data based on activity type.
• Quick access to preferred units (kilometers, miles, or knots) and speed display format (pace vs. speed) from the Track Recorder.

1. MotionX-GPS Overview

The most accurate and reliable solution for the iPhone™, MotionX-GPS embeds the functionality of an advanced handheld GPS unit into a simple and intuitive iPhone™ application.

Use MotionX-GPS with your iPhone™ 3G or 3GS to track outdoor activities such as hiking, running, biking, sailing, or skiing. The application is also ideal for geocaching enthusiasts. It's an easy to use, full-featured application and provides the ability to share the coordinates of your geocaches with others.

• MotionX-GPS is exclusively designed and optimized for the iPhone™ 3G and 3GS. The first generation iPhone™ and the iPod® touch do not have the necessary GPS chipset to acquire a GPS signal.
• GPS requires a direct 'line-of-sight' to communicate with satellites. Your iPhone™ 3G or 3GS must have a clear view of the sky to locate at least three satellites in order to give accurate position information. If you are indoors, in a wooded area or surrounded by buildings, you may be unable to acquire an accurate signal.
• The spinning earth icon in the upper right corner of the screen indicates current GPS signal status. Touch this earth icon at any time to toggle between Outdoor GPS Mode and Indoor Offline Mode. Use Indoor Offline mode to manage waypoints, tracks and utilities while you are indoors.

The earth icon has three states:
(Touch the earth icon at any time to toggle between Outdoor GPS Mode and Indoor Offline Mode)

Bottom Button Bar:

2. MotionX-GPS Status

The following is a description of the page titled "MotionX-Status." In this screen, you will find data about your location and the GPS signal which your iPhone™ 3G is receiving.

3. MotionX-Compass

4. MotionX-Track Recorder

Use the GPS Track Recorder to record a track of your hikes, runs, bike rides, trips, or other outdoor activities. Once saved, the track is added to the MotionX-Logbook, under “My Tracks.” The plotted track can be shared with others via email for viewing in Google Earth, Google Maps or any GPX-capable application on your PC or Mac. You can also post tracks and waypoints to your Facebook Wall or Twitter account.

Activity Modes: Choose the Activity Mode (automatic, walking/hiking, running, biking, paddling ocean/lake, padding river, rowing, skating, sailing, power boating, skiing, snowboarding, driving, hang gliding/paragliding, and flying) which best suits your activity. Accelerometrics, accuracy filtering and other parameters will be chosen automatically for optimal results based on your activity. From the Activity Mode selector, you also have quick access to preferred units (kilometers, miles, or knots) and speed display fields (pace vs. speed).

When you have a satellite signal and press the Start Track button, your track will be recorded. If you press the Start Track button when you don't have a satellite signal, a pop-up will warn you that a signal is not present. An automatic waypoint is created ("Start Track Recorder") so that you will always be able to get back to where you started. After pressing Pause Track, you can press Save Track to store a copy of your plotted track, elapsed time, average speed or pace, distance and maximum speed to the MotionX-Logbook. You can switch between pace and speed values using the Activity Mode Selector button at the top of the page. Continue your track recording by pressing Resume Track, or reset all the counters by choosing Reset Track.

Use the Track Recorder Auto Pause feature found in the Settings menu under Global Settings to automatically pause the elapsed time when you stop moving. When you start moving again, the elapsed time will start incrementing again. This will keep your Avg Speed and Avg Pace accurate, so you don't need to manually press Pause when stopped. If the Pause button is pressed, the Auto Pause feature won't override your manually selected Pause. Once you press Resume, Auto Pause will be active again.

5. MotionX-Maps

This view shows a track of your movement in relation to a map.

Map Types: Select your map type from the sub-menu displayed after choosing your map orientation.

• MotionX O-Road: Displays streets, paths, routes, trails, lakes, rivers, buildings, parks and various other features of the map. Supports North Up, Course Up, Direction Up and Auto Up (Direction Up and Auto Up on 3GS only).
• MotionX O-Terrain: Displays contour lines in 10 meter increments overlaid on the road map as described above. Shading of the terrain map varies with altitude. Supports North Up, Course Up, Direction Up and Auto Up (Direction Up and Auto Up on 3GS only).
• Bing Road: Displays a Bing Road map.
• Bing Aerial: Displays a Bing Aerial map.
• Bing Hybrid: Displays a Bing Hybrid map.
• Google Road: Displays a Google Road map. Due to licensing policies, map caching is not supported for Google maps. Supports North Up only.
• Google Satellite: Displays a Google Satellite map. Due to licensing policies, map caching is not supported for Google maps. Supports North Up only.
• Google Hybrid: Displays a Google Hybrid map. Due to licensing policies, map caching is not supported for Google maps. Supports North Up only.

Use TapTap™ tool on Map: Define a waypoint on the map using the MotionX TapTap™ tool by tapping twice on the map page. This is useful if you don't know the coordinates of your destination. Move the map or change zoom levels to position the waypoint marker. As the map is moved around under the waypoint, the coordinates of the waypoint as well as the range and bearing from your current location are displayed at the lower right of the map. When the waypoint marker is at the desired location, select the green "Create Waypoint" button to save.

The multi-touch interface supports panning and sizing. Simply touch and drag to scroll the map or pinch in/out to zoom. Using multi-touch may move the view away from your current position. Use the crosshairs button to re-center your position in the mapviewing window.

Tracks:

Signs:
If there are 21 or more waypoints or POIs in view, they will be displayed as dots. Between 11-20, pins are used. If ten or fewer, rectangular signs are displayed.

Map Caching: Turning on map caching allows you to retain maps for use when a WiFi or cellular connection is not available. Caching maps also has the added benefit of speeding up map loading while online. To cache your maps, first turn map caching on from Settings > Maps & Tracks. Go to the MotionX-Maps page, select either MotionX O-Road or MotionX O-Terrain maps, then pan around and/or change zoom levels to add map tiles to your cached maps. When you've reached your map cache limit of either 10, 50, 100 or 250 MB (based on your settings selection), MotionX-GPS will automatically purge your oldest map tiles.  If storage is limited on your device, choose a lower map cache limit.

Cached tiles remain on your device until you manually clear them using the “Clear Cache” button, or until the tiles are purged as they are overwritten with new tiles. Therefore, if you make edits to the OpenStreetMap database you need to clear your cached maps for the updated tile(s) to download to your device. Please note that updates may take up to two weeks before they proliferate through the map servers.

Map caching is supported exclusively for MotionX O-Road and MotionX O-Terrain maps. Other map options supported by MotionX-GPS do not allow map caching due to licensing restrictions.

6. Map Storage & Map Caching

Map Storage is maintained as a separate feature from map caching. Map Storage to the existing map caching feature. Map Storage allows one to define an area of the map along with a range of zoom levels to pre-load for use when a network connection is unavailable. Pre-loaded map tile sets are stored under a new tab in the MotionX-Logbook called Maps. Just as with map caching, Map Storage is supported exclusively by the MotionX O-Road and MotionX O-Terrain map types. Other map types do not allow for map storage or caching due to licensing restrictions.

Map Storage Instructions:
The Map Storage workflow can be initiated from two locations:

1. From the Maps page, select the caliper button at the bottom left of the page and select Load Maps from the menu.
2. From the MotionX-Logbook page, select the Maps tab and choose Add New.

Step 1:
Choose between MotionX O-Terrain or MotionX O-Road as the map type you wish to pre-load. A map area selector will display over the map. The "Select by Area" button is selected by default. Alternatively the "Select by Route" option can be chosen to specify longer areas more appropriate for point A to B routes.

• Select by Area: Use this option to define a circular area of map tiles to be downloaded. This is useful for large areas such as national parks or entire cities. Drag the map to adjust the center position. Touch and drag the red square on the outer edge of the circle to adjust the circumference. Use the map zoom buttons or multi-touch on the map to change the zoom level. Use the crosshairs button to center the selection area over your current position.
• Select by Route: Use this option to define a longer, narrower area. This is useful for pre-loading map tiles along a hiking trail, for example. Touch and drag the red square to adjust the width. Touch and drag either red circle to position the ends of the selection area. Use the map zoom buttons or multi-touch on the map to change the zoom level. Use the crosshairs button to center the selection area over your current position.

Step 2:
Once you are satisfied with the area selected, touch the Next button. The page displayed will allow you to assign a name to the stored map set, adjust the zoom level range and view a summary of the tile set you've chosen to download.

• Tile Set Name: Choose a name for your tile set to describe its location.
• Min/Max Zoom Range: Adjust the minimum and maximum zoom levels for which you'd like map tiles downloaded by sliding left to right. A higher number represents a more zoomed in view, thus the number of tiles needed and total size will be larger at greater zoom level numbers.
• Available Disk Space: Graphically displays the amount of disk space used on your iPhone, the estimated tile set size and the total disk size of your iPhone.
• Total Tile Set Size (estimated): The estimated size of the tile set you've selected to be downloaded. This value will adjust as the tiles download. MotionX O-Terrain map tiles tend to be larger then MotionX O-Road due to the contour data.
• Total Tile Count: Displays the number of tiles that will be downloaded.
• Download Progress: Displays the number and percent of tiles that have been downloaded.

Step 3:
Select the Download button to start downloading map tiles. Download times are best when using WiFi, but 3G and Edge are also supported. The progress bar will turn green and indicate "Download Completed" when finished. If needed, press the "Pause" button to stop the download. Select "Resume" to continue downloading. If the download was interrupted by a loss of network connection or by closing MotionX-GPS, use the "Resume" button to complete the map tile set download.
The following options are available once a map tile set has been downloaded:

• Back: Exits Map Storage and returns to the MotionX-Map page.
• Delete: Deletes the map tile set.
• View: Displays a snapshot of the map tile set on a map. The outlined area represents the area downloaded.
• Refresh: Downloads the latest map tiles for the map set area and zoom levels previously defined.

Up to 50 map tile sets can be stored. To view all downloaded and partially downloaded map sets, go to the MotionX-Logbook page and select the Maps tab.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Please note: Cached and stored maps are backed up when syncing with iTunes. Large map tile sets may increase the iPhone-to-iTunes sync and backup times.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Map Caching

Map caching improves the performance of the MotionX-Maps page by loading map tiles faster when using the MotionX O-Terrain or MotionX O-Road map types. Map tiles that are viewed when map caching is turned on will load faster when loaded again. If you do not have a network connection, cached map tiles are available as well. If you've used Map Storage to download map tiles, your map tiles for that area are already cached.

To cache maps, first turn map caching on from Settings>Maps & Tracks. Go to the MotionX-Maps page, select either MotionX O-Road or MotionX O-Terrain maps, then pan around or change zoom levels to add to your cached maps. Map tiles will be cached automatically as you use the application with the Maps page open. When you've reached your map cache limit of either 10, 50, 100 or 250 MB, based on your settings selection, MotionX-GPS will automatically purge your oldest map tiles. Cached tiles may also be manually deleted using the "Clear Cache" button under Settings>Maps & Tracks. Clearing your map cache does not delete your stored map tiles under the Maps tab in the MotionX-GPS Logbook.

If you make edits to the OpenStreetMap database, you need to clear your cached maps and revisit the map area that was edited for the updated tile(s) to download to your device. Please note that updates may take up to two weeks before they proliferate through the map servers.

7. MotionX-Track

This view shows a track of your movement in relation to your waypoints over a background of the Earth's parallels and meridians, or the UTM grid (depending on your Settings preferences). If set to MGRS, your location will be indicated with the Grid Zone, Meter Square Identifier, Easting and Northing values.Your current coordinates and a distance scale are always displayed. When navigating to a waypoint, the bearing and distance to the selected waypoint are displayed in the lower right corner.

The multi-touch screen supports panning and sizing. Simply touch and drag to scroll the map, or pinch in/out to zoom. Using multi-touch may move the view away from your current position. Use the crosshairs to re-center your position in the track viewing window.

Track Symbols:
These symbols are explained in the previous segment, MotionX-Maps.

MotionX-Logbook

The MotionX-Logbook contains a summary of your tracks, waypoints, and Map Storage tile sets. From this page you can also get instructions on how to import tracks and waypoints into MotionX-GPS.

A track is a compilation of samples or "breadcrumbs" taken over a period of time during your trip. To record your tracks and save them to MotionX-Logbook, use the MotionX-Track Recorder (see Section 4).

A waypoint is a set of coordinates that uniquely identifies a geographic location (see an explanation of the geographic coordinate system). A waypoint has a latitude, a longitude and an optional altitude. If UTM is chosen in Settings, it will be comprised of an Easting, a Northing, the number of the zone and the letter of the latitude band. If MGRS is chosen in Settings it will be comprised of a Grid Zone, Meter Square Identifier, an Easting and a Northing.

Selecting the "Import" tab provides instructions on how to import waypoints or tracks. See the Import section below for detailed instructions.

Tracks tab: Displays a list of all of your saved tracks, sorted by name, date, or proximity. Touch any saved track in MotionX-Logbook to bring up detailed information about the track. A camera icon displayed next to the date indicates a photo is associated with that track.

Track detail page:

• Share Track Now
  Touch this button to open the Share screen. You have the option of posting your track information and associated photo to your Facebook Wall, Twitter account and/or sharing with up to five email addresses at once. The email contains summary information such as track distance, average speed, elapsed time, min and max altitude, the associated photo, and more. Emailed tracks and associated photos can be viewed in Google Earth, Google Maps or your favorite mapping software on your PC or Mac, using the linked GPX file. A KMZ file is also included, for use with Google Earth or Google Maps. This file format supports one embedded photo. If a comment is added to the comment box at the top, it will be included in the email, Facebook and Twitter posts. Text is limited to 100 characters to allow space for a Google Maps link in the Twitter post.
• Delete
  Touch Delete if you wish to discard this track. You will be asked to confirm deletion. You may wish to use Share Track Now before deleting.
• Rename
  To edit the Name and Notes fields, press the Rename button then touch the field you wish to edit
• Photo
  Displays the last photo taken while recording the track. A new photo can be captured or an existing photo can be selected from the albums stored on your device. Only one photo can be associated and shared with each track.
• View
  Touch the View button to display a plot of your recorded track. Map control buttons work similarly to the MotionX-Maps page, except the crosshairs button will shift the view to your entire track instead of your current position. Touch the button with the caliper icon to choose a map type.
• Follow
  Touch the Follow button to follow previously saved tracks. The track you are following is represented by an orange line on the MotionX-Maps and MotionX-Track pages. A green start flag indicates the start of the track and a checkered end flag indicates the end.

Waypoints tab: Touch any saved waypoint in MotionX-Logbook to bring up detailed information about the waypoint. Waypoints categories include: My Waypoints, Automatic Waypoints, and Points of Interest. A camera icon displayed next to the distance indicates a photo is associated with that waypoint.

• My Waypoints
  Create waypoints by pressing the New Wypt button in any view. MotionX-GPS automatically assigns a waypoint name, which can be edited at any time.
• Automatic Waypoints
  Each time MotionX-GPS is launched, an "Init" waypoint is automatically created. A "Start Track Recorder" waypoint is automatically created when you start the GPS Track Recorder, so you'll never get lost. A "Start Nav" waypoint is automatically created when the Start Nav button is pressed. These waypoints can be edited and saved as one of "My Waypoints". However, they cannot be manually deleted.
• Points Of Interest (POI)
  MotionX-GPS contains a database of standard, named waypoints which can be used for navigation. These pre-loaded POIs cannot be deleted or edited.

The lists of waypoints can be collapsed or expanded by touching the blue arrow next to the category name. My Waypoints and Points Of Interest can be sorted by Name or Proximity. My Waypoints can additionally be sorted by Date.

Selecting an existing waypoint brings up detailed information about that waypoint. The Name, Lat, Lon, Altitude and Notes can be edited within user-created waypoints. This can be useful, for example, to establish waypoints for which the coordinates are known but you have not physically been (ideal for geocaching or navigating to new destinations).

To delete one of "My Waypoints", tap on the waypoint you wish to delete and then press Delete on the waypoint detail page. The waypoint can also be deleted directly from the list by touching the screen in a swiping motion across the waypoint line entry, then touching the Delete button that appears.

Waypoint detail page:

• Photo:
  Associates a photo with a waypoint. A new photo can be captured or an existing photo can be selected from your albums.
• View:
  View the waypoint on a map. From the map that is displayed, touch the button with the caliper icon to choose the map type.
• Share Wypt Now:
  Touch this button to open the Share screen. You have the option of posting your waypoint information and associated photo to your Facebook Wall, Twitter account and/or sharing with up to five email addresses at once. The emailed waypoint and its associated photo can be viewed in Google Earth, Google Maps or your favorite mapping software on your PC or Mac, using the attached GPX and KMZ files. If a comment is added to the comment box at the top, it will be included in the email, Facebook and Twitter posts. Text is limited to 100 characters to allow space for a Google Maps link in the Twitter post.
• Start Nav:
  Sets the current waypoint as your destination. When 'Start Nav' is initiated, the MotionX-Compass screen appears with the relevant fields populated.
• Delete:
  Push Delete if you wish to discard this waypoint. You will be asked to confirm deletion. You may wish to use Share Wypt Now (see below) before deleting.
• Edit:
  To edit the Name and Notes fields, press the Edit button then touch the field you wish to edit.

Maps tab:

Store up to 50 separate map tile sets for use when a network connection is unavailable. See the Map Storage & Map Caching section for instructions.

Import tab:

Use Import to bring tracks and waypoints that others have sent you or that you've downloaded from the web into MotionX-GPS. Tracks and waypoints imported into MotionX-GPS must be in the GPX file format. MotionX-GPS supports tracks and waypoints created using other devices as long as the file type is GPX. If a GPX file is over 1MB, you may want to reboot your iPhone before importing to ensure there is enough iPhone RAM available for the import.

Import instructions:

1. To import waypoints or tracks, send an email from your Mac or PC with one or more GPX files attached to gpsimport@motionx.com. No text is required.
2. You will receive an email, which should be viewed from your iPhone Mail app.
3. Simply select the link in the email. MotionX-GPS will launch automatically and provide a summary of the number of items that will be imported
4. Select "Import Now" and the waypoints or track will be imported.

Note: Forwarding an email with a GPX file from your iPhone to gpsimport@motionx.com is supported, but composing a new email from your iPhone with an attachment is not supported by the iPhone OS. This must be performed from a Mac or PC. Import emails are limited to 12 waypoint GPX files or 1 track GPX file per email.

9. iPod®

The media controls on the iPod® page allow you to access your music from within MotionX-GPS. Many of the iPod® controls from the native iPod® are available, including Play/Pause, Next Song, Previous Song, Repeat and Shuffle. In addition, album art, song name, and artist are displayed to show you what's currently playing.

• iPod® controls:
  Control your iPod® music using Play/Pause, Next Song, Previous Song, Repeat and Shuffle.
• Adding Music:
  Select the playlist button to add individual songs, artists, playlists, albums, podcasts and audiobooks using the standard iPod® controls, or select "Add All" to make your entire library available from MotionX-GPS. To learn how to add songs or podcasts to a playlist, see iTunes Playlist Support.
• Album art:
  Select "Now Playing" to see the album art for the song or podcast currently being played. Select "Playlists" to switch to a list of the available playlists.

10. News

For up-to-date MotionX news go to news.MotionX.com, follow MotionX on Twitter,
or become a fan of MotionX-GPS on Facebook.

11. FAQ

Click the following link to see the FAQ: MotionX-GPS FAQ

12. Terms and Conditions

END-USER LICENSE AGREEMENT

This is a legal agreement between you and Fullpower® Technologies, Inc. ("Fullpower") regarding your use of the MotionX™-GPS software (the "Software"). By using the Software, you agree to be bound by the terms of this End-User License Agreement (this "EULA"). If you do not agree to the terms of this EULA, you are not entitled to use the Software and must de-install the Software from all your devices.

License. Subject to the terms and conditions of this EULA, Fullpower grants you a non-exclusive, non-transferable, non-assignable license (without right of sublicense) to install and use one copy of the Software on your personal computer system in machine executable object code form solely for your personal use.

Restrictions. The Software and any related documentation are protected by United States copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Fullpower. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Software contains proprietary trade secrets of Fullpower. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.

Ownership. The Software is licensed, and not sold, to you under this EULA. You have no ownership rights in the Software or any related documentation. Fullpower retains all right, title, and interest in and to the Software (including any changes, modifications, or corrections thereto) and any related documentation.

Suggestions. If you elect to provide or make available to Fullpower any suggestions, comments, ideas, improvements, or other feedback or materials related to the Software (collectively, "Suggestions"), Fullpower will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute your Suggestions in any manner and you will gain no right, title or interest in or to the Software by virtue of Fullpower doing so.

Uploads. The Software may provide functionality through which you are able to upload information (such as images, waypoints and tracks) about your use of the Software (collectively, "Uploads") to Fullpower's servers and to notify others about the availability of your Uploads. If you use such functionality, you authorize Fullpower to retain your Uploads on its servers, to reproduce, publish and make your Uploads available to anyone you notify about the availability of your Uploads, and to disclose the user name you submitted with your Uploads. In addition, if you elect to share your Uploads with the MotionX community, you authorize Fullpower to retain your Uploads on its servers, to reproduce, publish and make your Uploads available to any third party, and to disclose the user name you submitted with your Uploads. Fullpower will have no obligation to provide such functionality, may cease providing such functionality at any time with or without notice to you, and will have no obligation to retain your Uploads on its servers or return your Uploads to you before deleting them from its servers.

Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. FULLPOWER HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. FULLPOWER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SOFTWARE OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO FULLPOWER TO GRANT THE LICENSE CONTAINED IN THIS EULA.

USE OF MOTIONX-GPS IS AT THE USER'S OWN RISK. THE SOFTWARE IS NOT FAA CERTIFIED AND MUST NOT BE USED FOR PRIMARY NAVIGATION. THE SOFTWARE IS NOT TO BE USED FOR SAFETY OF LIFE APPLICATIONS, OR FOR ANY OTHER APPLICATION IN WHICH THE ACCURACY OR RELIABILITY OF THE SOFTWARE COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR.

Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FULLPOWER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS EULA, YOUR USE OF OR INABILITY TO USE THE SOFTWARE, OR YOUR USE OF OR RELIANCE ON ANY DATA (INCLUDING GPS DATA) YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SOFTWARE, EVEN IF FULLPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Fullpower may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Fullpower's liability shall be the minimum permitted under such applicable law.

Termination. This EULA is effective until it is terminated. You may terminate this EULA at any time by destroying all copies of the Software and related documentation in your possession or under your control. This EULA will automatically terminate if you violate any of the terms of this EULA. Upon termination of this EULA, all license rights granted to you shall immediately terminate. All other provisions of this EULA shall survive such termination.

Export Laws. You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) a national or resident of any country to which the United States has embargoed goods, or (b) on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial and Prohibition Orders.

U.S. Government End Users. The Software and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Software and related documentation are being licensed to U.S. Government end users (a) only as "Commercial Items," and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Miscellaneous. This EULA is the entire agreement between you and Fullpower with respect to, and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning, the subject matter of this EULA. In no event shall any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of this EULA. This EULA is governed by the laws of the State of California, USA, as such laws apply to contracts between California residents entered into and performed entirely in California (notwithstanding your place of residency). You agree that any dispute arising from or relating to this EULA shall be brought exclusively in a court of competent jurisdiction, federal or state, located within the State of California, County of San Francisco, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, such court. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this EULA will remain in full force and effect. Failure by Fullpower to prosecute any right with respect to a default hereunder will not constitute a waiver by Fullpower of the right to enforce rights with respect to the same or any other breach.