Licence agreement, Tele atlas end user licensing terms – Pioneer AVIC F500BT User Manual

Page 2

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You shall not copy, reverse engineer, trans-
late, port, modify or make derivative works
of the Software. You shall not loan, rent, dis-
close, publish, sell, assign, lease, subli-
cence, market or otherwise transfer the
Software or use it in any manner not ex-
pressly authorised by this agreement. You
shall not derive or attempt to derive the
source code or structure of all or any portion
of the Software by reverse engineering, dis-
assembly, decompilation, or any other
means. You shall not use the Software to op-
erate a service bureau or for any other use
involving the processing of data for other
persons or entities.
Pioneer and its licensor(s) shall retain all
copyright, trade secret, patent and other
proprietary ownership rights in the Soft-
ware. The Software is copyrighted and may
not be copied, even if modified or merged
with other products. You shall not alter or re-
move any copyright notice or proprietary le-
gend contained in or on the Software.
You may transfer all of your licence rights in
the Software, the related documentation
and a copy of this Licence Agreement to an-
other party, provided that the party reads
and agrees to accept the terms and condi-
tions of this Licence Agreement.

2

DISCLAIMER OF WARRANTY

The Software and related documentation
are provided to you

“AS IS”. PIONEER AND

ITS LICENSOR(S) (for the purpose of provi-
sions 2 and 3, Pioneer and its licensor(s)
shall be collectively referred to as

“Pioneer”)

MAKES AND YOU RECEIVE NO WAR-
RANTY, WHETHER EXPRESS OR IMPLIED,
AND ALL WARRANTIES OF MERCHANT-
ABILITY AND FITNESS FOR ANY PARTICU-
LAR PURPOSE ARE EXPRESSLY
EXCLUDED. SOME COUNTRIES DO NOT
ALLOW EXCLUSION OF IMPLIED WARRAN-
TIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. The Software is complex

and may contain some non-conformities,
defects or errors. Pioneer does not warrant
that the Software will meet your needs or ex-
pectations, that operation of the Software
will be error free or uninterrupted, or that all
non-conformities can or will be corrected.
Furthermore, Pioneer does not make any re-
presentations or warranties regarding the
use or results of the use of the Software in
terms of its accuracy, reliability or other-
wise.

3

LIMITATION OF LIABILITY

IN NO EVENT SHALL PIONEER BE LIABLE
FOR ANY DAMAGES, CLAIM OR LOSS IN-
CURRED BY YOU (INCLUDING, WITHOUT
LIMITATION, COMPENSATORY, INCIDEN-
TAL, INDIRECT, SPECIAL, CONSEQUEN-
TIAL, OR EXEMPLARY DAMAGES, LOST
PROFITS, LOST SALES OR BUSINESS, EX-
PENDITURES, INVESTMENTS, OR COMMIT-
MENTS IN CONNECTION WITH ANY
BUSINESS, 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, INCLUD-
ING WITHOUT LIMITATION BREACH OF
CONTRACT, BREACH OF WARRANTY, NEG-
LIGENCE, STRICT LIABILITY, MISREPRESEN-
TATION, AND OTHER TORTS. IF PIONEER

’S

WARRANTY DISCLAIMER OR LIMITATION
OF LIABILITY SET FORTH IN THIS AGREE-
MENT SHALL OR FOR ANY REASON WHAT-
SOEVER 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.

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Licence Agreement

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Some countries do not allow the exclusion
or limitation of incidental or consequential
damages, so the above limitation or exclu-
sion may not apply to you. This warranty dis-
claimer and limitation of liability shall not
be applicable to the extent that any provi-
sion of this warranty is prohibited by any
country or local law which cannot be pre-
empted.

4

EXPORT LAW ASSURANCES

You agree and certify that neither the Soft-
ware nor any other technical data received
from Pioneer, nor the direct product thereof,
will be exported outside the country or dis-
trict (the

“Country”) governed by the govern-

ment having jurisdiction over you (the
“Government”) except as authorised and as
permitted by the laws and regulations of the
Government. If the Software has been right-
fully obtained by you outside of the Country,
you agree that you will not re-export the
Software nor any other technical data re-
ceived from Pioneer, nor the direct product
thereof, except as permitted by the laws and
regulations of the Government and the laws
and regulations 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 destroy-
ing 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 de-
stroy the Software.

6

MISCELLANEOUS

This is the entire Agreement between
Pioneer and you regarding its subject mat-
ter. No change in this Agreement shall be ef-
fective unless agreed to in writing by
Pioneer. If any provision of this Agreement
is declared invalid or unenforceable, the re-

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

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Licence Agreement

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Tele Atlas End User
Licensing Terms

THIS IS A LEGAL AGREEMENT (THE

“AGREE-

MENT

”) 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 CONDI-
TIONS OF THIS AGREEMENT.

1

Grant of License.

Licensors grant you a non-transferable, non-
exclusive 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-com-
mercial use and not to operate a service bu-
reau or for any other use involving the
processing of data of other persons or enti-
ties. 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
structure 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 se-
crets, so you agree to hold the Data in confi-
dence and in trust and not to disclose the
Data or any portions in any form, including
by renting, leasing, publishing, leasing, sub-
licensing or transferring the Data to any
third party. You are explicitly prohibited from
downloading the digital maps and pro-
grammes contained in the Data or from
transferring these to another data carrier or
computer. 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, re-
move, obliterate, or obscure any copyright
notice or proprietary legend contained in or
on the Data. The current copyrights are as
follows:
Data Source © 2008 Tele Atlas
© BEV, GZ 1368/2003
© DAV
© IGN France Michelin data © Michelin
2008
© Ordnance Survey of Northern Ireland
© Norwegian Mapping Authority, Public
Roads Administration /
© Mapsolutions
© Swisstopo
Topografische ondergrond Copyright ©
dienst voor het kadaster en de openbare reg-
isters, Apeldoorn 2008
“This data has been approved by Turkish
Military Forces by the given authority from
Councils of Ministers of Turkey

”.

© Roskartographia
This product includes mapping data li-
cenced from Ordnance Survey with the per-
mission of the Controller of Her Majesty

’s

Stationery Office. © Crown copyright and/or
database right 2008. All rights reserved. Li-
cence number 100026920.

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Licence Agreement

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3

Warranty Disclaimer.

THE DATA IS PROVIDED ON AN

“AS IS”

AND

“WITH ALL FAULTS BASIS” AND

PIONEER, ITS LICENSORS, AND ITS LI-
CENSED DISTRIBUTORS AND SUPPLIERS
(COLLECTIVELY,

“SUPPLIERS”) EXPRESSLY

DISCLAIM ALL OTHER WARRANTIES, EX-
PRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES
OF NON-INFRINGEMENT, MERCHANTABIL-
ITY, EFFECTIVENESS, COMPLETENESS, AC-
CURACY, TITLE AND FITNESS FOR A
PARTICULAR PURPOSE. PIONEER, ITS LI-
CENSORS AND SUPPLIERS DO NOT WAR-
RANT THAT THE DATA WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERA-
TION OF THE DATA WILL BE UNINTER-
RUPTED OR ERROR FREE. NO ORAL OR
WRITTEN ADVICE GIVEN BY PIONEER, ITS
LICENSORS, SUPPLIERS OR ANY OF THEIR
RESPECTIVE EMPLOYEES CREATES A
WARRANTY OR IN ANY WAY INCREASES
PIONEER

’, ITS LICENSORS OR SUPPLIERS

LIABILITY AND YOU MAY NOT RELY ON
ANY SUCH INFORMATION OR ADVICE.
THIS DISCLAIMER IS AN ESSENTIAL CON-
DITION OF THIS AGREEMENT AND YOU
ACCEPT THE DATA ON THIS BASIS.

4

Limitation of Liability.

IN NO EVENT SHALL PIONEER, ITS LICEN-
SORS

’ OR SUPPLIER’ AGGREGATE LIABILI-

TY FOR ALL MATTERS ARISING OUT OF
THE SUBJECT MATTER OF THIS AGREE-
MENT, WHETHER IN CONTRACT, TORT OR
OTHERWISE, EXCEED THE AMOUNT PAID
BY YOU FOR YOUR COPY OF THE PIONEER
DATA. PIONEER, ITS LICENSORS AND SUP-
PLIERS SHALL NOT BE LIABLE IN ANY
MATTER TO YOU FOR ANY SPECIAL, INDIR-
ECT, CONSEQUENTIAL OR INCIDENTAL DA-
MAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTER-
RUPTION, LOSS OF BUSINESS INFORMA-
TION, AND THE LIKE) ARISING OUT OF

THIS AGREEMENT OR THE USE OF OR IN-
ABILITY 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 (in-
cluding 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, suppli-
ers, assignees, subsidiaries, affiliated com-
panies, and the respective officers,
directors, employees, shareholders, agents
and representatives) free and harmless from
and against any liability, loss, injury (includ-
ing injuries resulting in death), demand, ac-
tion, cost, expense, or claim of any kind or
character, including but not limited to attor-
ney

’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 Ire-
land data only.

a You are prohibited from removing or ob-

scuring of any copyright, trademark or re-
strictive legend belonging to Ordnance
Survey.

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