TravRoute CoPilot Live - Manual (Page 52)

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License Agreement for NAVTEQ AUSTRALIA DATA
PREAMBLE
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 ALK Technologies, Inc. ("ALK") and its
licensors (including their licensors and suppliers) on the other hand.
© 2005-2006 NAVTEQ. All rights reserved.
PERSONAL USE ONLY
You agree to use this Data together with COPILOT 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 ALK and not as a subset thereof.
RESTRICTIONS
Except where you have been specifically licensed to do so by ALK, 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. ALK 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
ALK 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.
DISCLAIMER OF LIABILITY
ALK 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 ALK 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 ALK (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 the State of Illinois,
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 the State of Illinois for any and all
disputes, claims and actions arising from or in connection with the Data provided to
you hereunder.