MiTAC Digital Corporation 471 El Camino Real, Santa Clara, CA 95050 USA www.magellanGPS.com
User Manual
Safety Information
The Magellan eXplorist Pro 10 is a navigation aid designed to assist you in arriving at your
selected destination. When using the Magellan eXplorist Pro 10, these safety rules must be
followed to prevent accidents that can result in injury or death to yourself or others:
USE CAUTION WHILE DRIVING
Please do not try to change any settings on the Magellan eXplorist Pro 10 while driving.
Come to a complete stop or ask a passenger make any changes. Taking your eyes off the
road is dangerous and can result in an accident in which you or others could be injured.
USE GOOD JUDGEMENT
This product is an excellent navigation aid, but does not replace the need for careful orienteering and good judgement. Never rely solely on one device for navigating.
USE CARE
The Global Positioning System (GPS) is operated by the U.S. Government, which is solely
responsible for the accuracy and maintenance of the GPS network. The accuracy of position fixes can be affected by the periodic adjustments to GPS satellites made by the U.S.
government and is subject to change in accordance with the Department of Defence civil
GPS user policy and the Federal Radionavigation Plan. Accuracy can also be affected by
poor satellite geometry and obstructions, like buildings and large trees.
USE PROPER ACCESSORIES
Use only Magellan cables and antennas; the use of non-Magellan cables and antennas may
severely degrade performance or damage the receiver, and will void the warranty.
Magellan eXplorist Pro 10 GPS Receiver i
MiTAC Digital Corporation
471 El Camino Real
Santa Clara, CA 95050
USA
www.magellangps.com
All other trademarks and registered trademarks are property of
their respective owners.
No part of this manual may be reproduced or transmitted in
any form or by any means, electronic or mechanical, including
photocopying and recording, for any purpose other than the
purchaser’s personal use without the prior written permission of
MiTAC Digital Corporation.
Magellan Limited Warranty
All Magellan global positioning system (GPS) receivers are
navigation aids, and are not intended to replace other methods of
navigation. The purchaser is advised to perform careful position
charting and use good judgment. READ THE USER GUIDE
CAREFULLY BEFORE USING THE PRODUCT.
1. MAGELLAN WARRANTY.
(a) MiTAC Digital Corp. (“Magellan”) warrants its GPS
receivers and hardware accessories to be free from defects in
material and workmanship and will conform to its published
specifications for the product for a period of one year from the
date of original purchase. THIS WARRANTY APPLIES ONLY
TO THE ORIGINAL CONSUMER PURCHASER OF THIS
PRODUCT.
(b) In the event of a defect, Magellan will, at its discretion, repair
or replace the hardware product with a product of like kind or
quality, which may be new or reconditioned, with no charge
to the purchaser for parts or labor. Magellan’s limit of liability
under the limited warranty shall be the actual cash value of the
product at the time the purchaser returns the product to Magellan
for repair less a reasonable amount for usage, as determined by
Magellan in its sole discretion. The repaired or replaced product
will be warranted for 90 days from the date of return shipment, or
for the balance of the original warranty, whichever is longer.
(c) Magellan warrants that software products or software included
in hardware products will be free from defects in the media for a
period of 30 days from the date of shipment and will substantially
conform to the then current user documentation provided with
the software (including updates thereto). Magellan’s sole obligation
shall be the correction or replacement of the media or the
software so that it will substantially conform to the then- current
user documentation. Magellan does not warrant the software
will meet purchaser’s requirements or that its operation will be
uninterrupted, error-free or virus-free. The purchaser assumes the
entire risk of using the software.
2. PURCHASER’S REMEDY. PURCHASER’S EXCLUSIVE
REMEDY UNDER THIS WRITTEN WARRANTY OR
ANY IMPLIED WARRANTY SHALL BE LIMITED TO
THE REPAIR OR REPLACEMENT, AT MAGELLAN’S
OPTION, OF ANY DEFECTIVE PART OF THE RECEIVER
OR ACCESSORIES WHICH ARE COVERED BY THIS
WARRANTY. REPAIRS UNDER THIS WARRANTY SHALL
ONLY BE MADE AT AN AUTHORIZED MAGELLAN
SERVICE CENTER. ANY REPAIRS BY A SERVICE
CENTER NOT AUTHORIZED BY MAGELLAN WILL
VOID THIS WARRANTY.
3. PURCHASER’S DUTIES. Magellan® warranty covers
the receiver for a period of 1 year from the date of purchase.
Warranty repair requires a valid proof of purchase in the form
of a purchase sales receipt and an approved RMA number from
a Magellan Customer Service agent. A copy of the credit card
statement showing the store it was purchased from, date item was
purchased, and the amount of purchase is an acceptable substitute
for the purchase sales receipt. The end-user should contact their
dealer for details on contacting a Magellan Customer Service
agent.
Magellan reserves the right to refuse to provide service free-ofcharge if the sales receipt is not provided or if the information
contained in it is incomplete or illegible or if the serial number
has been altered or removed. Magellan will not be responsible
for any losses or damage to the product incurred while the
product is in transit or is being shipped for repair. Insurance
is recommended. Magellan recommends the use of a trackable
shipping method such as UPS or FedEx when returning a
product for service.
4. LIMITATION OF IMPLIED WARRANTIES. Except
as set forth in item 1 above, all other expressed or implied
warranties, including those of fitness for any particular purpose or
merchantability, are hereby disclaimed AND IF APPLICABLE,
IMPLIED WARRANTIES UNDER ARTICLE 35 OF THE
UNITED NATIONS CONVENTION ON CONTRACTS
FOR THE INTERNATIONAL SALE OF GOODS. Some
national, state, or local laws do not allow limitations on implied
warranty on how long an implied warranty lasts, so the above
limitation may not apply to you.
5. EXCLUSIONS. The following are excluded from the
warranty coverage:
(a) periodic maintenance and repair or replacement of
parts due to normal wear and tear;
(b) batteries;
(c) finishes;
(d) installations or defects resulting from installation;
(e) any damage caused by (i) shipping, misuse, abuse,
negligence, tampering, moisture, liquids, proximity or
exposure to heat, or improper use; (ii) disasters such as fire,
flood, wind, and lightning; (iii) unauthorized attachments
or modification;
(f) service performed or attempted by anyone other than
an authorized Magellan Service Center;
(g) any product, components or parts not manufactured by
Magellan,
(h) that the receiver will be free from any claim for
infringement of any patent, trademark, copyright or other
proprietary right, including trade secrets
(i) any damage due to accident, resulting from inaccurate
satellite transmissions. Inaccurate transmissions can occur
due to changes in the position, health or geometry of
a satellite or modifications to the receiver that may be
required due to any change in the GPS. (Note: Magellan
GPS receivers use GPS or GPS+GLONASS to obtain
position, velocity and time information. GPS is operated
by the U.S. Government and GLONASS is the Global
Navigation Satellite System of the Russian Federation, which
are solely responsible for the accuracy and maintenance
of their systems. Certain conditions can cause inaccuracies
which could require modifications to the receiver. Examples
of such conditions include but are not limited to changes in
the GPS or GLONASS transmission.).
The opening, dismantling or repairing of this product by anyone
other than an authorized Magellan Service Center will void this
warranty.
6. EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES
(a) MAGELLAN SHALL NOT BE LIABLE TO
PURCHASER
(b) OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO
LOST PROFITS, DAMAGES ARISING FROM A DELAY
OR LOSS OF USE, OR OUT OF THE BREACH OF THIS
WARRANTY OR ANY IMPLIED WARRANTY EVEN IF
CAUSED BY THE NEGLIGENCE OR ANOTHER FAULT
OF MAGELLAN OR OUT OF THE NEGLIGENT USAGE
OF THE PRODUCT. IN NO EVENT WILL MAGELLAN BE
HELD RESPONSIBLE FOR SUCH DAMAGES, EVEN IF
MAGELLAN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
(c) Some national, state, or local laws do not allow the exclusion
or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
7. COMPLETE AGREEMENT
(a) This written warranty is the complete, final and exclusive
agreement between Magellan and the purchaser with respect to
the quality of performance of the goods and any and all warranties
and representations. THIS WARRANTY SETS FORTH ALL
OF MAGELLAN’S RESPONSIBILITIES REGARDING THIS
PRODUCT. THIS WARRANTY GIVES YOU SPECIFIC
RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH
VARY FROM LOCALITY TO LOCALITY AND CERTAIN
LIMITATIONS CONTAINED IN THIS WARRANTY MAY
NOT APPLY TO YOU.
(b) If any part of this limited warranty is held to be invalid
or unenforceable, the remainder of the limited warranty shall
nonetheless remain in full force and effect.
8. CHOICE OF LAW. This limited warranty is governed
by the laws of the State of California, without reference to its
conflict of law provisions or the U.N. Convention on Contracts
for the International Sale of Goods, and shall benefit Magellan,
its successors and assigns. This warranty does not affect the
consumer’s statutory rights under applicable laws in force in their
locality, nor the customer’s rights against the dealer arising from
their sales/purchase contract.
For further information concerning this limited warranty, please
visit Magellan’s website www.magellangps.com or contact:
End User License Agreement
This End-User License Agreement (“Agreement”) is made by
and between MiTAC Digital Corp. and its affiliates (“Magellan”)
and the end-user of the Software (“Customer”). By clicking the
acceptance button, installing, downloading or using the Software
onto a computer, personal navigation device, cell phone or other
product intended for use with the Software (“Product”), Customer
agrees to be bound by all of the terms and conditions of this
Agreement, including the use restrictions, warranty disclaimer and
limitation of liability set forth below. If Customer does not agree
to be bound by all of the terms and conditions of this Agreement,
Customer must (i) immediately stop the installation, downloading
and/or use of the Software and delete any Software downloaded
from the web from its computer, as applicable, and (ii) where
Software was acquired with Product, return the Software to the
retailer who sold the Software.
1. Grant of License to Software. Magellan hereby grants to
Customer a non-exclusive, personal and non-assignable license
to install, operate and use the Magellan software covered by this
Agreement (“Software”) and use the documentation provided with
the same (“Documentation”), subject to the following restrictions:
(i) Customer shall use the Software for non-commercial purposes
only and, for Software intended for download onto a computer,
on a single computer owned or leased by Customer, provided
that Customer may transfer the Software from one computer
to another so long as the Software is operated only on one (1)
computer at any time;
(ii) Customer shall use the Software solely to download data for
use solely with a single Product, and shall not sell, trade, lease,
rent or hire out the Software to any third party or otherwise act
as a service bureau (which restriction, for the avoidance of doubt,
shall extend to any situation in which Customer becomes subject
to any bankruptcy or insolvency laws or otherwise makes any
assignment for the benefit of its creditors);
(iii) Customer shall not modify, reverse engineer, decompile or
disassemble or create derivative works of the Software; and
(iv) Customer shall not copy the Documentation.
Magellan (and, where applicable, its third party suppliers)
retain all rights not expressly granted to Customer under this
Agreement, to the Software and any software program(s) and/
or data compiled into same and supplied by Magellan under
license from third party suppliers, including without limitation,
NAVTEQ North America, LLC and Tele Atlas N.V. (“Third Party
Software”).
2. Third Party Software. Customer acknowledges that certain
Third Party Software may be compiled into the Software. As
such, Customer may be required in connection with its use of
the Software to agree to the terms and conditions the applicable
third party supplier requires of its end users. For installable and/
or downloadable Software, such terms and conditions may require
additional steps for Customer to manifest consent. For boxed
software, Customer shall be provided with copies of such terms
and conditions and is required to review and comply with same.
In any event, Customer acknowledges and agrees that its rights to
and use of each item of Third Party Software shall be subject to
the terms and conditions governing the same.
3. Copies of Software. Customer shall have the right to make
one (1) copy of the Software for archival and backup purposes,
provided that such copy shall also reproduce all copyright and
intellectual property rights notices found on the original.
4. Ownership of Software and Certain Intellectual Property
Rights. The license granted to Customer under Section 1 is
not a sale of the Software. The Software, Third Party Software
and Documentation are copyrighted works of authorship and
contain valuable secret and confidential information proprietary
to Magellan and its third party suppliers, as applicable. Any
and all intellectual property rights in or to the Software and
Documentation shall be and remain the sole property of
Magellan, and any and all intellectual property rights in or to
any Third Party Software shall be and remain the sole property
of the applicable third party supplier. Customer shall exercise
due care in connection with the use, storage and copying of the
Software and will treat the Software, Third Party Software and
the Documentation with the same degree of care that it uses for
its own confidential information. For the avoidance of doubt, as
between Customer and Magellan, Magellan shall retain exclusive
use and ownership of all trademarks related to the Software.
5. Disclaimer of Warranties. MAGELLAN AND ITS
THIRD PARTY SUPPLIERS MAKE NO WARRANTIES
OR REPRESENTATIONS, EXPRESS OR IMPLIED,
REGARDING THE SOFTWARE, THIRD PARTY
SOFTWARE, MEDIA, DOCUMENTATION, RESULTS
OR ACCURACY OF DATA AND HEREBY EXPRESSLY
DISCLAIM, TO THE FULLEST EXTENT PERMITTED
UNDER APPLICABLE LAW, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE SOFTWARE
AND THIRD PARTY SOFTWARE ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS, AND MAGELLAN
AND ITS THIRD PARTY SUPPLIERS DO NOT WARRANT
THAT THE SOFTWARE WILL MEET CUSTOMER’S
REQUIREMENTS OR THAT ITS OPERATION WILL BE
UNINTERRUPTED OR ERROR-FREE.
This provision shall not affect the consumer’s statutory rights
under applicable laws in force in their locality as provided in
Section 10. CUSTOMER MAY HAVE OTHER RIGHTS
WHICH VARY FROM LOCALITY TO LOCALITY.
6. Warning. The Software reflects conditions as they existed at
various points in time before Customer purchased its copy of the
Software. Accordingly, the Software may contain inaccurate or
incomplete data or information due to the passage of time, road
construction and changing conditions or otherwise. The Software
does not include, analyze, process, consider or reflect any of
the following: legal restrictions (such as vehicular type, weight,
height, width, load and speed restrictions); road slope or grade;
bridge height, width, weight or other limits; population density;
neighborhood quality or safety; availability or proximity of law
enforcement, emergency rescue, medical or other assistance;
construction work zones or hazards; road or lane closures; road,
traffic or traffic facilities safety or condition; weather conditions;
pavement characteristics or conditions; special events; traffic
congestion; travel time.
7. Limitation of Liability. TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW, IN NO
EVENT SHALL MAGELLAN OR ITS THIRD PARTY
SUPPLIERS BE LIABLE UNDER THIS AGREEMENT OR
OTHERWISE TO CUSTOMER OR ANY THIRD PARTY
FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL,
INDIRECT OR PUNITIVE DAMAGES, INCLUDING
LOSS OF PROFITS OR SAVINGS, LOSS OF BUSINESS,
BUSINESS INTERRUPTION, LOSS OF USE, DAMAGE TO
OR REPLACEMENT OF EQUIPMENT AND PROPERTY,
OR RECOVERY OR REPLACEMENT OF PROGRAMS OR
DATA ARISING FROM CLAIMS BASED IN WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, OR OTHERWISE EVEN IF MAGELLAN OR
ITS THIRD PARTY SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES;
PROVIDED, HOWEVER, THAT NOTHING IN THIS
SECTION 7 SHALL BE DEEMED TO LIMIT THE
LIABILITY OF MAGELLAN FOR DEATH OR PERSONAL
INJURY ARISING FROM ITS NEGLIGENCE.
Some national, state, or local laws do not allow the exclusion or
limitation of incidental, consequential damages or tort liability, so
the above limitation or exclusion may not apply to Customer and
Customer may also have other legal rights that vary from locality
to locality.
The total liability of Magellan under this Agreement, whether
arising from negligence or willful misconduct of Magellan, its
employees, officers or other agents, and under contract, tort
or any other theory of liability, for any reasons, including with
respect to (i) death or injury to persons, or (ii) physical loss or
damage to property, shall be limited to the amount of damages
foreseeable at the time of entering into this Agreement, which in
no event shall exceed one hundred dollars ($100).
8. Term and Termination
8.1 Term. This Agreement shall remain in full force and effect
for the duration of the intellectual property rights owned by
Magellan, except that this Agreement shall immediately and
automatically terminate in the event that Customer materially
breaches this Agreement, or (ii) Customer becomes bankrupt or
insolvent under the bankruptcy laws of the United States or other
governmental authority.
8.2 Effect of Termination. Upon any termination of this
Agreement by Magellan, all rights granted to Customer hereunder
shall immediately terminate, and Customer shall delete and/or
destroy all Software, Third Party Software and Documentation and
any copies thereof.
8.3 Remedies not Limited. The exercise of any termination right
under this Section 8 by Magellan shall not limit or prejudice any
right of Magellan to recover damages or other rights or remedies,
or give rise to any right or recovery by Customer.
9. Indemnification. Customer shall indemnify Magellan and
its third party suppliers against any claims related to Customer’s
use of the Software, Third Party Software and Documentation,
including claims for loss of data and business interruption.
10. Consumer End Users Only. The limitations or exclusions of
warranties and liability contained in this Agreement do not affect
or prejudice the statutory rights of a consumer, i.e., a person
acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability
contained in this Agreement shall apply to you only to the extent
such limitations or exclusions are permitted under the laws of the
jurisdiction where you are located.
11.0 General Provisions
11.1 Force Majeure. Neither Customer nor Magellan shall be
liable in any circumstances for failure to perform under this
Agreement where such failure is due to a cause beyond such
party’s reasonable control.
11.2 Notices. Any notices required or permitted to be given
hereunder to Magellan, or any other communications related
hereto, shall be sent to the appropriate Magellan address set forth
below by internationally-recognized overnight courier.
11.3 Confidentiality. Any information disclosed by Magellan
to Customer shall be held by Customer in confidence and not
disclosed, and Customer shall ensure that such information is not
disclosed to a third party in any manner except with the prior
written consent of Magellan.
11.4 Entire Agreement; No Waiver. This Agreement represents
the entire understanding of the parties with respect to the subject
matter hereof, and supersedes any other prior understanding of
the parties, whether written or oral. No amendment, alteration or
waiver of this Agreement shall be effective unless made in writing
and signed by both parties.
11.5 Governing Law. This Agreement shall be governed and
construed in accordance with the laws of the State of California,
United States, without regard to its conflicts of law principles and
without regard to the United Nations Convention on Contracts
for the International Sale of Goods. The parties shall attempt to
resolve any disputes arising under this Agreement in good faith.
11.6 Construction and Severability. In the event any portion of
this Agreement is determined to be invalid or unenforceable by a
court of competent jurisdiction, the remainder of this Agreement
shall remain in effect and such provision shall be replaced with
a valid and enforceable provision with an effect as close as
possible to the invalid or unenforceable provision. As used in this
Agreement, the terms “include” and its correlative terms shall be
deemed to be terms of example and not limitation.
11.7 Injunctive Relief. Magellan shall have the right to enforce
the terms and conditions of this Agreement by equitable
relief where applicable, including injunctive relief and specific
performance, without the necessity of posting a bond.
11.8 Assignment. Customer shall have no right to assign or
transfer all or any portion of this Agreement by operation of law
or otherwise (including by merger, acquisition, consolidation or
sale of all or substantially all assets of Customer).
11.9 Export Control. Customer agrees not to export from
anywhere any part of the Software, including Third Party
Software, provided to Customer or any direct product thereof,
except in compliance with, and with all licenses and approvals
required under, applicable export laws, rules and regulations.
11.10 Government End Users. If the Software is being acquired
by or on behalf of the United States government or any other
entity seeking or applying rights similar to those customarily
claimed by the United States government, Customer shall contact
Magellan at the Magellan address set forth below for a copy of the
additional terms and conditions governing such Customer’s use.
Legal Notices
Federal Communication Commission
Interference Statement
This equipment has been tested and found to comply with the
limits for a Class B digital device, pursuant to Part 15 of the FCC
Rules. These limits are designed to provide reasonable protection
against harmful interference in a residential installation. This
equipment generates, uses and can radiate radio frequency energy
and, if not installed and used in accordance with the instructions,
may cause harmful interference to radio communications.
However, there is no guarantee that interference will not
occur in a particular installation. If this equipment does cause
harmful interference to radio or television reception, which can
be determined by turning the equipment off and on, the user
is encouraged to try to correct the interference by one of the
following measures:
• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver.
• Connect the equipment into an outlet on a circuit different
from that to which the receiver is connected.
• Consult the dealer or an experienced radio/TV technician
for help.
This device complies with Part 15 of the FCC Rules. Operation
is subject to the following two conditions: (1) This device may
not cause harmful interference, and (2) this device must accept
any interference received, including interference that may cause
undesired operation.
FCC Caution: Any changes or modifications not expressly
approved by the party responsible for compliance could void the
user’s authority to operate this equipment.
FCC Radiation Exposure Statement
This equipment complies with FCC radiation exposure limits set
forth for an uncontrolled environment. End users must follow
the specific operating instructions for satisfying RF exposure
compliance.
This transmitter must not be co-located or operating in
conjunction with any other aerial or transmitter.
In order to maintain compliance with FCC regulations, shielded
cables must be used with this equipment. Operation with nonapproved equipment or unshielded cables is likely to result in
interference to radio and TV reception. The user is cautioned
that changes and modifications made to the equipment without
the approval of manufacturer could void the user’s authority to
operate this equipment.
The Magellan receiver must be installed and operated at a distance
no closer then 8 inches (20 cm) from the user.
This Class B digital device meets all requirements of the Canadian
Interference-Causing Equipment Regulations.
IC Statement
Operation is subject to the following two conditions:
This device may not cause interference.
This device must accept any interference, including interference
that may cause undesired operation of the device.
IC Radiation Exposure Statement
This equipment complies with IC radiation exposure limits set
forth for an uncontrolled environment. End users must follow
the specific operating instructions for satisfying RF exposure
compliance.
This transmitter must not be co-located or operating in
conjunction with any other antenna or transmitter.