Download End User License Agreement for Map Data

End User License
Agreement for Map Data
Revision: R00
(9/2010)
Terms and Conditions for the Use of Navigation
Data
If your Mio product contains, receives, or uses navigation data (which includes, but is not limited to, maps, points of
interest, and traffic information) ("Data"), the following terms and conditions (the "Terms") will apply to your use of the
Data.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU OPERATE YOUR MIO PRODUCT. BY OPERATING THE MIO
PRODUCT OR USING THE DATA, DOWNLOADING THE DATA, OR REFRESHING OR UPDATING THE DATA, YOU AGREE
TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT OPERATE THE MIO PRODUCT
AND INSTEAD CONTACT MIO TO ARRANGE A RETURN THE PRODUCT AND A REFUND OF THE PURCHASE PRICE OF
THE PRODUCT.
The Data is licensed, and not sold, to you. It is protected by copyright and other intellectual property rights.
You may use the Data in connection with the product supplied with these Terms (a) as and to the extent used and
displayed by the Mio product, (b) according to the user manual supplied with the Mio product, and (c) solely for your own
personal, non-commercial purposes.
Restrictions
You may use the data for your own personal use only and not for transfer, distribution, or disclosure to third parties or use
for the benefit of third parties. You may not use the Data to operate a service bureau or any other use involving the
processing of data or performance of services for other persons or enterprises. If the materials or packaging that come
with this product, or the product itself, contains limitations on the number of concurrent users, subscribers, or
transactions or similar limitations, you must observe those limitations. You may use the Data solely with the product
provided by Mio. You may not derive or attempt to derive the structure of the Data. You may not reproduce, disclose,
publish, distribute, reverse-engineer, de-compile, disassemble, or transfer the Data other than as expressly provided in
these Terms. You may not remove or obscure any copyright or trademark notice or similar restrictive legend. You may not
use any of the Data to provide competitive information about the provider of the Data to third parties. You acknowledge
that the Data is confidential and may contain trade secrets of Mio or the provider of the Data and you agree not to
disclose the Data to any third party. You may not export the Data from the jurisdiction in which you purchased the Mio
product without fully complying with all import and export restrictions with regard to the Mio product or the Data. Except
as expressly stated otherwise, you may not use the Data delivered with one Mio product with another Mio product or with
any other product other than the Mio product with which the Data was delivered.
Except where you have been specifically licensed to do so by Mio, you may not (a) use the 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, or (b) with, or in
communication with, any positioning devices or any mobile or wireless-connected electronic or computer devices,
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including, without limitation, cellular phones, palmtop or handheld computers, pagers, and personal digital assistants or
PDAs.
Your right to use the Data will automatically terminate upon your breach of any of these Terms.
Disclaimers and Limitations of Liability
THE DATA IS FOR REFERENCE ONLY AND IS NOT TO BE USED AS THE PRIMARY MEANS OF OPERATING A VEHICLE OR
OTHER FORM OF TRANSPORTATION.
THE DATA IS INTENDED AS A REFERENCE TOOL ONLY. USE AND INTERPRETATION OF THE DATA IS YOUR
RESPONSIBILITY, AS IS COMPLIANCE WITH ROAD SAFETY AND TRAFFIC LAWS. NEITHER MIO NOR ANY OF ITS
PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY THAT USING THE DATA WILL PREVENT LIABILITY UNDER
ANY LAW.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MIO NOR ANY DIRECT OR INDIRECT PROVIDER OF DATA
WILL HAVE ANY LIABILITY TO YOU IN CONNECTION WITH THE DATA OR THE USE OF THE DATA, WHETHER IN
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND NEITHER MIO NOR ANY PROVIDER OF DATA WILL BE
LIABLE FOR ANY DAMAGES OF ANY KIND IN CONNECTION WITH THE DATA, WHETHER DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHERWISE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MIO AND EACH DIRECT OR INDIRECT PROVIDER OF DATA
DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE DATA, WHETHER EXPRESS, IMPLIED, OR
OTHERWISE, AND, ADDITIONALLY, DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CONTENT, EFFECTIVENESS, RELIABILITY, OR USEFULNESS AND
ADDITIONALLY DISCLAIM ANY WARRANTY THAT THE RESULTS OF USE OF THE DATA WILL BE ACCEPTABLE OR THAT
THE DATA OR ANY DEVICE THAT DISPLAYS, OPERATES UPON, OR CARRIES THE DATA, WILL BE UNINTERRUPTED OR
ERROR-FREE. USE OF THE DATA IS AT YOUR OWN RISK.
The Data may contain 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.
It is an essential condition of these Terms that you accept and use the Data subject to all limitations of liability contained
in these Terms. These limitations apply even if they cause these Terms or any remedy provided under these terms to fail of
its, or their, essential purpose. Some jurisdictions do not allow certain liability exclusions or damages limitations and, to
that extent, the above may not apply to you.
Governing Law
The above terms and conditions shall be governed by the laws of the People’s Republic of China, without giving effect to (i)
its conflict of laws provisions, (ii) the United Nations Convention for Contracts for the International Sale of Goods, which
is explicitly excluded, or (iii) the Uniform Computer Information Transactions Act, which is also expressly excluded. You
agree to submit to the jurisdiction of, and venue in, Taipei District Court in Taiwan for any and all disputes, claims and
actions arising from, or in connection with, the Data provided to you under these Terms.
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Compliance with Law
NEITHER MIO NOR ANY SUPPLIER OR LICENSOR TO MIO CONDONES SPEEDING OR ANY OTHER TYPE OF DRIVING
OFFENSE. MIO PRODUCTS AND THE DATA ARE DESIGNED TO BE USED SOLELY AS AN AID TO SAFER DRIVING.
IT IS YOUR RESPONSIBILITY TO DRIVE OR OTHERWISE USE THE MIO PRODUCT AND DATA WITHIN
GOVERNMENT-SET SPEED LIMITS AT ALL TIMES AND TO DRIVE OR OTHERWISE USE THE MIO PRODUCT AND THE
DATA IN A CAREFUL AND SAFETY-CONSCIOUS MANNER. YOU WILL INDEMNIFY MIO AND ITS SUPPLIERS AND
LICENSORS AGAINST ANY THIRD-PARTY CLAIM RESULTING FROM YOUR FAILURE TO DO SO.
NEITHER MIO NOR ANY SUPPLIER OR LICENSOR OF MIO WILL HAVE ANY LIABILITY FOR FINES OR ANY OTHER
PENALTY FOR CONTRAVENTION OF TRAFFIC OF OTHER RELEVANT LAW OR FOR ANY ACCIDENT.
IN CERTAIN JURISDICTIONS, THE DATA OR CERTAIN USES OF THE DATA MIGHT BE IN CONFLICT WITH LAW. YOU
WILL INDEMNIFY MIO AND ITS SUPPLIERS AND LICENSORS AGAINST ANY CLAIM, SUIT, DAMAGES, OR SANCTION
ASSOCIATED WITH ANY POSSESSION OR USE BY YOU OF THE DATA IN VIOLATION OF LAW.
YOU MAY NOT USE ANY OF THE DATA IN A WAY THAT VIOLATES ANY LAW, INCLUDING, BUT NOT LIMITED TO, BY
POSSESSING OR USING DATA WITH REGARD TO SPEED CAMERAS OR OTHER TRAFFIC MONITORING OR
ENFORCEMENT DEVICES IN A JURISDICTION, OR IN A WAY, THAT VIOLATES APPLICABLE LAW.
Specific Provisions Pertaining to Data Provided by Certain Third Parties
If the source of the Data is Tele Atlas, the following terms apply.
You may not extract the Tele Atlas MultiNet™ data of a certain country or part of a country in any digital,
vector-based form. Tele Atlas (and, to the extent that the Data includes iPC City Map Data, iPC) is a third-party
beneficiary of your obligations under these Terms, which means that Tele Atlas (or, as applicable, iPC) can enforce
these Terms against you to the same extent that Mio can enforce them against you. You do not have similar rights as
against Tele Atlas (or, as applicable, iPC).
If the source of the Data is Tele Atlas, the following terms apply to United States Data.
If you are an agency, department, or other entity of the United States Government, or funded in whole or in part by
the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of the
Data (which is a commercial product) and the Data’s accompanying documentation is restricted in accordance with
FAR 12.212 and DFARS 227.7202, and by a license agreement. The contractor/manufacturer is Tele Atlas North
America, Inc., 1605 Adams Drive, Menlo Park, CA 94025, (650) 328-3825. The Licensed Products are ©1984-2003 by
Tele Atlas N.V. and Tele Atlas North America, Inc. ALL RIGHTS RESERVED. For purpose of any public disclosure
provision under any federal, state or local law, it is agreed that the Tele Atlas Products are a trade secret and a
proprietary commercial product and not subject to disclosure.
If you are an agency, department, or other entity of any state government, the United States government, or any
other public entity or funded in whole or in part by the United States Government, then you agree to protect the Data
from public disclosure and to consider the Data exempt from any statute, law, regulation, or code, including any
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“sunshine act,” “public records act,” the Freedom of Information Act, or equivalent law that permits public access to,
or reproduction or use of, the Data. In the event that such exemption is challenged under any such laws, these Terms
shall be considered breached and any and all right to retain any copies or to use of the Data shall be terminated and
considered immediately null and void. Any copies of the Data held by you shall immediately be destroyed. If any court
of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, your right
to use the Data under these Terms shall be considered terminated and null and void, in its entirety, and any and all
copies of the Data shall immediately be destroyed.
If the source of the Data is Tele Atlas, the following terms apply to Data regarding premium points of interest (“POIs”) in
the United States.
THE PREMIUM POI’S ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT WILL TELE
ATLAS'S THIRD PARTY SUPPLIER(S) OF THE PREMIUM POI’S BE LIABLE IN ANY WAY WITH REGARD TO THE
PREMIUM POI’S.
If the source of the Data is Tele Atlas, the following terms apply to Canadian Data.
You shall prohibit the removal or obscuring of any copyright, trademark or restrictive legend belonging to DMTI
Spatial, Inc.
Neither DMTI Spatial, Inc. nor Her Majesty the Queen in Right of Canada, nor the Minister of Natural Resources,
makes any warranty with regard to the Data, whether express or implied, including but not limited to, the implied
warranties of non-infringement, merchantability, completeness, accuracy, and fitness for a particular purpose.
Neither DMTI Spatial, Inc. nor Her Majesty the Queen in Right of Canada nor the Minister of Natural Resources nor
any of their respective officers, employees and agents will have any liability whatsoever in connection with the Data.
You may not change the attributes or vector geometry of any of the Data.
You must indemnify DMTI Spatial, Inc., Her Majesty the Queen in Right of Canada, the Minister of Natural Resources,
and their respective officers, employees and agents, from and against all claims, demands or actions, irrespective of
the nature of the cause of the claim, demand or action alleging loss, costs, expenses, damages or injuries (including
injuries resulting from death) arising out of the use of the Data.
If the source of the Data is Tele Atlas, the following terms apply to Danish Data.
You may not use the Data to create maps within telephone books, telephone books, or other products similar to
telephone books (e.g. directories), including such products in digital form.
If the source of the Data is Tele Atlas, the following terms apply to Norwegian Data.
You may not use the Data to create general purpose printed or digital maps that are similar to the basic national
products of the Norwegian Mapping Authority. Any derivative product of the Data pertaining to Norway shall be
regarded as similar to the basic national products of the Norwegian Mapping Authority if such derivative product has
a regional or national coverage and, at the same time, has a content, scale, and format that are similar to the basic
national products of the Norwegian Mapping Authority.
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If the source of the Data is Tele Atlas and the Data includes flashpost/speedcamera information, the following terms
apply.
In certain countries the use of flashpost/speedcamera information might be in conflict with the law or regulations. By
using such information, you agrees to indemnify Tele Atlas and its related third-party suppliers of any claims related
to such flashpost/speedcamera information. Usage is at your own risk.
If the source of the Data is Tele Atlas, the following terms apply to Great Britain and Northern Ireland Data.
"Ordnance Survey" in the following terms means Ordnance Survey (Great Britain) and Ordnance Survey of Northern
Ireland.
Ordnance Survey makes no warranties of any kind with regard to the Data, whether express or implied, and expressly
disclaims any implied warranties of non-infringement, merchantability, completeness, accuracy, and fitness for a
particular purpose. Ordnance Survey makes no warranty and gives no representation that the Data of Great Britain or
Northern Ireland is complete, accurate, or up to date and it is an essential condition of these Terms that you accept
the Data of Great Britain and Northern Ireland on that basis.
Ordnance Survey will have no liability whatsoever with regard to the Data of Great Britain or Northern Ireland.
You may not use any data of Great Britain or Northern Ireland in any printed, published form that results in derivative
products to be distributed freely or sold to the public without the prior permission of Ordnance Survey.
You must indemnify Ordnance Survey from and against all claims, demands, or actions, irrespective of the nature of
the cause of the claim, demand or action alleging loss, costs, expenses, damages or injuries (including injuries resulting
from death) arising out of the use of the Data of Great Britain or Northern Ireland.
You must, on request, provide to Ordnance Survey information regarding any products containing or derived from the
Data of Great Britain or Northern Ireland.
You will be liable to Ordnance Survey in the event that you breach any of these terms with regard to the Data of
Great Britain or Northern Ireland.
If the source of the Data is Tele Atlas, the following notices apply.
For European Data: Data Source © 2010 Tele Atlas based on:
Austria
© BEV, GZ 1368/2003
Denmark
© DAV
France
© IGN France (and, in the case of products for Geographic Information Systems,
Georoute ©IGN France and, in the case of navigational products, Michelin data ©
Michelin 2007)
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Great Britain
This product includes mapping data licensed from Ordnance Survey with the
permission of the Controller of Her Majesty's Stationery Office. © Crown copyright or
database right 2007. All rights reserved. Licence number 100026920.
Italy
© Geonext/DeAgostini
Northern Ireland
© Ordnance Survey of Northern Ireland
Norway
© Norwegian Mapping Authority, Public Roads Administration / © Mapsolutions.
Switzerland
© Swisstopo
The Netherlands
Topografische ondergrond Copyright © dienst voor het kadaster en de openbare
registers, Apeldoorn 2006
Turkey
This data has been approved by Turkish Military Forces by the given authority from
Councils of Ministers of Turkey
For United States and Canada Data: © 2010 Tele Atlas North America, Inc. / Geographic Data Technology, Inc. All rights
reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned
by or licensed to Tele Atlas North America, Inc. / Geographic Data Technology, Inc. The use of this material is subject to
the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.
For Canadian Data: © DMTI Spatial; Portions of Canadian map data are reproduced under license from Her Majesty the
Queen in Right of Canada with permission from Natural Resource Canada.
Entire Agreement
These Terms constitute the entire agreement between Mio (and its licensors, including their licensors and suppliers) and
you pertaining to the subject matter of these Terms and these Terms supersede in their entirety any and all written or oral
agreements previously existing between you and Mio with respect to such subject matter.
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