Tele atlas end user licensing terms, Limitation of liability, Export law assurances – Pioneer CNDV-700HD User Manual

Page 3: Termination, Miscellaneous, Grant of licence, Ownership, Warranty disclaimer

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3. LIMITATION OF LIABILITY

IN NO EVENT SHALL PIONEER BE LIABLE FOR ANY DAMAGES,

CLAIM OR LOSS INCURRED BY YOU (INCLUDING, WITHOUT

LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPE-

CIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST

PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVEST-

MENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSI-

NESS, LOSS OF ANY GOODWILL, OR DAMAGES) RESULTING

FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN

IF PIONEER HAS BEEN INFORMED OF, KNEW OF, OR SHOULD

HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS

LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE

AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF

CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIA-

BILITY, MISREPRESENTATION, AND OTHER TORTS. IF PIO-

NEER’S WARRANTY DISCLAIMER OR LIMITATION OF LIABILITY

SET FORTH IN THIS AGREEMENT SHALL OR FOR ANY REASON

WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE,

YOU AGREE THAT PIONEER’S LIABILITY SHALL NOT EXCEED

FIFTY PERCENT (50%) OF THE PRICE PAID BY YOU FOR THE

ENCLOSED PIONEER PRODUCT.

Some countries do not allow the exclusion or limitation of inciden-

tal or consequential damages, so the above limitation or exclusion

may not apply to you. This warranty disclaimer and limitation of

liability shall not be applicable to the extent that any provision of

this warranty is prohibited by any country or local law which can-

not be preempted.

4. EXPORT LAW ASSURANCES

You agree and certify that neither the Software nor any other tech-

nical data received from Pioneer, nor the direct product thereof,

will be exported outside the country or district (the “Country”) gov-

erned by the government having jurisdiction over you (the “Gov-

ernment”) except as authorised and as permitted by the laws and

regulations of the Government. If the Software has been rightfully

obtained by you outside of the Country, you agree that you will not

re-export the Software nor any other technical data received from

Pioneer, nor the direct product thereof, except as permitted by the

laws and regulations of the Government and the laws and regula-

tions of the jurisdiction in which you obtained the Software.

5. TERMINATION

This Agreement is effective until terminated. You may terminate it

at any time by destroying the Software. The Agreement also will

terminate if you do not comply with any terms or conditions of this

Agreement. Upon such termination, you agree to destroy the Soft-

ware.

6. MISCELLANEOUS

This is the entire Agreement between Pioneer and you regarding

its subject matter. No change in this Agreement shall be effective

unless agreed to in writing by Pioneer. If any provision of this

Agreement is declared invalid or unenforceable, the remaining

provisions of this Agreement shall remain in full force and effect.

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 LICENCED DATA, YOU AGREE TO THE TERMS AND

CONDITIONS OF THIS AGREEMENT.

1. Grant of Licence.

Licensors grant you a non-transferable, nonexclusive licence 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:

Topografische ondergrond Copyright

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.

3. Warranty Disclaimer.

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

BASIS” AND PIONEER, ITS LICENSORS, AND ITS LICENCED 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

MAN-CNDV-700HD-EN.fm Page 3 Tuesday, April 3, 2007 10:44 AM

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