Tele atlas end user licensing terms – Pioneer AVIC-X3 User Manual

Page 4

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Tele Atlas End User Licensing Terms

THIS IS A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN

YOU, THE END USER, AND PIONEER and its licensors of Data

product (sometimes collectively “Licensors”). BY USING YOUR

COPY OF THE LICENSED DATA, YOU AGREE TO THE TERMS AND

CONDITIONS OF THIS AGREEMENT.

1. Grant of License.

Licensors grant you a non-transferable, nonexclusive license to

use the map data and business points of interest information (the

“POIs”), (together, the “Data”) contained on these discs, solely for

personal, non-commercial use and not to operate a service

bureau or for any other use involving the processing of data of

other persons or entities. You may make one (1) copy of the Data

for archival or backup purposes only but you may not otherwise

copy, reproduce, modify, make derivative works, derive the struc-

ture of or reverse engineer the Data. The Data is restricted for use

with the PIONEER Product(s).The Data contains confidential and

proprietary information and materials, and may contain trade

secrets, so you agree to hold the Data in confidence and in trust

and not to disclose the Data or any portions in any form, including

by renting, leasing, publishing, leasing, sublicensing or transfer-

ring the Data to any third party. You are explicitly prohibited from

downloading the digital maps and programmes contained in the

Data or from transferring these to another data carrier or compu-

ter. You are prohibited from using the POIs (i) to create mailing

lists or (ii) for other such similar uses.

2. Ownership.

The Data is copyrighted by the Licensors and the Licensors retain

all ownership rights in the Data. You agree not to alter, remove,

obliterate, or obscure any copyright notice or proprietary legend

contained in or on the Data. The current copyrights are as follows:

en de openbare registers, Apeldoorn 2007

“This data has been approved by Turkish Military Forces by the

given authority from Councils of Ministers of Turkey”.

This product includes mapping data licenced from Ordnance Sur-

vey with the permission of the Controller of Her Majesty’s Station-

ery Office. © Crown copyright and/or database right 2007. All

rights reserved. Licence number 100026920.

3. Warranty Disclaimer.

THE DATA IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS

BASIS” AND PIONEER, ITS LICENSORS, AND ITS LICENSED DIS-

TRIBUTORS AND SUPPLIERS (COLLECTIVELY, “SUPPLIERS”)

EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WAR-

RANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, EFFEC-

TIVENESS, COMPLETENESS, ACCURACY, TITLE AND FITNESS

FOR A PARTICULAR PURPOSE. PIONEER, ITS LICENSORS AND

SUPPLIERS DO NOT WARRANT THAT THE DATA WILL MEET

YOUR REQUIREMENTS OR THAT THE OPERATION OF THE DATA

WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR

WRITTEN ADVICE GIVEN BY PIONEER, ITS LICENSORS, SUPPLI-

ERS OR ANY OF THEIR RESPECTIVE EMPLOYEES CREATES A

WARRANTY OR IN ANY WAY INCREASES PIONEER’, ITS LICEN-

SORS OR SUPPLIERS LIABILITY AND YOU MAY NOT RELY ON

ANY SUCH INFORMATION OR ADVICE. THIS DISCLAIMER IS AN

ESSENTIAL CONDITION OF THIS AGREEMENT AND YOU

ACCEPT THE DATA ON THIS BASIS.

4. Limitation of Liability.

IN NO EVENT SHALL PIONEER, ITS LICENSORS’ OR SUPPLIER’

AGGREGATE LIABILITY FOR ALL MATTERS ARISING OUT OF THE

SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CON-

TRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY

YOU FOR YOUR COPY OF THE PIONEER DATA. PIONEER, ITS

LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE IN ANY

MATTER TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUEN-

TIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR

LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS

OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF

THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE

DATA, EVEN IF PIONEER, ITS LICENSORS OR SUPPLIERS HAVE

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Termination.

This Agreement will terminate immediately and automatically,

without notice, if you breach any term of this Agreement. You

agree that in the event of termination of the Agreement, you shall

return the Data (including all documentation and all copies) to

PIONEER and its suppliers.

6. Indemnity.

You agree to indemnify, defend and hold PIONEER, its Licensors,

and its suppliers (including their respective licensors, suppliers,

assignees, subsidiaries, affiliated companies, and the respective

officers, directors, employees, shareholders, agents and repre-

sentatives) free and harmless from and against any liability, loss,

injury (including injuries resulting in death), demand, action, cost,

expense, or claim of any kind or character, including but not lim-

ited to attorney's fees, arising out of or in connection with any use

or possession by you of the Data.

7. Additional Provisions with respect to the Great

Britain Data and Northern Ireland data only.

a. You are prohibited from removing or obscuring of any copy-

right, trademark or restrictive legend belonging to Ordnance

Survey.

b. The Data may include the data of licensors, including Ord-

nance Survey. Such Data is provided on an “AS IS” AND “WITH

ALL FAULTS BASIS” and the licensors EXPRESSLY DISCLAIM

ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT

NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-

INFRINGE-MENT, MERCHANTABILITY, QUALITY, EFFECTIVE-

NESS, COMPLETENESS, ACCURACY, TITLE AND FITNESS

FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE

QUALITY AND PERFORMANCE OF THE DATA PRODUCT

RESTS WITH YOU. ORDNANCE SURVEY DOES NOT WAR-

RANT THAT THE DATA WILL MEET YOUR REQUIREMENTS,

OR COMPLETE OR ACCURATE OR UP TO DATE OR ACCU-

RATE OR THAT THE OPERATION OF THE DATA WILL BE

UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN

ADVICE GIVEN BY ORDNANCE SURVEY, PIONEER OR ITS

LICENSORS AND EMPLOYEES CREATES A WARRANTY OR IN

ANY WAY INCREASES ORDNANCE SURVEY’S LIABILITY AND

YOU MAY NOT RELY ON ANY SUCH INFORMATION OR

ADVICE. This is an essential condition of the Agreement and

You accept the Data on that basis.

c. IN NO EVENT SHALL ORDNANCE SURVEY BE LIABLE TO YOU

FOR MATTERS ARISING OUT OF THE SUBJECT MATTER OF

THE AGREEMENTS, WHETHER IN CONTRACT, TORT OR OTH-

ERWISE. THE LICENSORS SHALL NOT BE LIABLE TO YOU

FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCI-

DENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF

BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF

BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF

THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE

DATA, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBIL-

ITY OF SUCH DAMAGES.

MAN-AVIC-X3-EN.book Page 2 Wednesday, June 6, 2007 10:15 AM

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