AvMap Geosat 4 TRAVEL Europe - Manual (Page 53)

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competitive information about TA or the
Licensed Products to third parties
• Creation of a derivative product that
competes with the Licensed Products
ADDITIONAL PROVISIONS TO BE INCLUDED
BY LICENSEE:
1. TA is a third party beneficiary of AvMap
rights under the EULA, but is not a party
thereto and shall have no obligations
thereunder.
2. Disclaim, to the extent permitted by
applicable law, TA’s liability for any
damages, or loss of any kind, whether
special, direct, indirect, incidental, or
consequential, arising from the use of the
Licensed Products.
3. Disclaim all warranties of TA, whether
express or implied, including but not
limited to, the implied warranties of
non-infringement, merchantability,
completeness, accuracy, and fitness for a
particular purpose.
4. End User has to be acknowledged that the
Licensed Products include confidential and
proprietary information and materials and
may include trade secrets.
5. Require End User to comply with all
applicable export laws and regulations
of the United States / the European
Community.
6a. (Applicable for US data Only) Include the
following: U.S. GOVERNMENT RIGHTS.
If End User is 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 this
commercial product and accompanying
documentation, is restricted in accordance
with FAR 12.212 and DFARS 227.7202,
and by a license agreement. 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 Licensed Products are a trade secret
and a proprietary commercial product and
not subject to disclosure.
6b. (Applicable for US data only) Include
the following: If End User is 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 End User hereby agrees to protect the
Licensed Products from public disclosure
and to consider the Licensed Products
exempt from any statute, law, regulation,
or code, including any Sunshine Act, Public
Records Act, Freedom of Information Act,
or equivalent, which permits public access
and/or reproduction or use of the Licensed
products. In the event that such exemption
is challenged under any such laws, this
EULA shall be considered breached and
any and all right to retain any copies or
to use of the Licensed Products shall be
terminated and considered immediately
null and void. Any copies of the
Licensed Products held by Licensee shall
immediately be destroyed. If any court
of competent jurisdiction considers this
clause void and unenforceable, in whole or
in part, for any reason, this EULA shall be
considered terminated and null and void,
in its entirety, and any and all copies of the
Licensed Products shall immediately be
destroyed.