Download EULA_Navteq_EN_2010_and_EULA_TA Map Data 2010_EN

End User License Agreement for
NAVTEQ and Tele Atlas Map Data
Revision: R00 (7/2010)
Terms and Conditions for the Use of NAVTEQ Navigation Data
If the source of the Data is NAVTEQ, the following terms apply.
The data (“Data”) is provided for your personal, internal use only and not for resale. It is protected by
copyright, and is subject to the following terms and conditions which are agreed to by you, on the one
hand, and MiTAC International Corporation (“MiTAC”) and its licensors (including their licensors and
suppliers) on the other hand.
The Data for areas of Canada includes information taken with permission from Canadian authorities,
including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada
Post Corporation, GeoBase®
NAVTEQ holds a non-exclusive license from the United States Postal Service® to publish and sell
ZIP+4® information.
©United States Postal Service® 2010. Prices are not established, controlled or approved by the
United States Postal Service®. The following trademarks and registrations are owned by the USPS:
United States Postal Service, USPS, and ZIP+4.
TERMS AND CONDITIONS
Personal Use Only. You agree to use this Data together with MiTAC Personal Navigation Device for
the solely personal, non-commercial purposes for which you were licensed, and not for service
bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in
the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view
it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not
modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile,
disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any
form, for any purpose, except to the extent permitted by mandatory laws. Multi-disc sets may only be
transferred or sold as a complete set as provided by MiTAC and not as a subset thereof.
Restrictions. Except where you have been specifically licensed to do so by MiTAC, and without
limiting the preceding paragraph, you may not (a) use this 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, including without limitation cellular phones, palmtop and handheld
computers, pagers, and personal digital assistants or PDAs.
Warning. 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.
No Warranty. This Data is provided to you “as is,” and you agree to use it at your own risk. MiTAC
and its licensors (and their licensors and suppliers) make no guarantees, representations or
warranties of any kind, express or implied, arising by law or otherwise, including but not limited to,
content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose,
usefulness, use or results to be obtained from this Data, or that the Data or server will be
uninterrupted or error-free.
Disclaimer of Warranty: MITAC AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND
SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty
exclusions, so to that extent the above exclusion may not apply to you.
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Disclaimer of Liability: MITAC AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND
SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR
ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR
ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY
RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF
PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE
BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR
TORT OR BASED ON A WARRANTY, EVEN IF MITAC OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do
not allow certain liability exclusions or damages limitations, so to that extent the above may not apply
to you.
Export Control. You agree not to export from anywhere any part of the Data provided to you or any
direct product thereof except in compliance with, and with all licenses and approvals required under,
applicable export laws, rules and regulations.
Entire Agreement. These terms and conditions constitute the entire agreement between MiTAC (and
its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof,
and supersedes in their entirety any and all written or oral agreements previously existing between us
with respect to such subject matter.
Governing Law. The above terms and conditions shall be governed by the laws of Taiwan, Republic
of China, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention
for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to
the jurisdiction of Taipei District Court in Taipei, Taiwan for any and all disputes, claims and actions
arising from or in connection with the Data provided to you hereunder.
Government End Users. If the Data 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, the Data is a “commercial item” as that term is defined at 48 C.F.R.
(“FAR”) 2.101, is licensed in accordance with the End-User Terms under which this Data was
provided, and each copy of the Data delivered or otherwise furnished shall be marked and embedded
as appropriate with the following “Notice of Use,” and shall be treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: NAVTEQ
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: 425 West Randolph Street,
Chicago, Illinois 60606
This Data is a commercial item as defined in FAR 2.101 and is subject to the End-User Terms under
which this Data was provided.
© 2010 NAVTEQ – All rights reserved.
If the Contracting Officer, federal government agency, or any federal official refuses to use the legend
provided herein, the Contracting Officer, federal government agency, or any federal official must
notify NAVTEQ prior to seeking additional or alternative rights in the Data.
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Revision: R00 (9/2010)
Terms and Conditions for the Use of Tele Atlas 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, 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.
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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.
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.
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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 “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.
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.
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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)
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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