END-USER LICENSE AGREEMENT
END-USER TERMS
The Map Data Disc ("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 (this
"End-User License Agreement") and conditions which are
agreed to by you, on the one hand, and NAVTEQ North
America, LLC ("NT") and its licensors (including their
licensors and suppliers) on the other hand.
The Data for areas of Canada includes information taken
with permission from Canadian authorities, including: © Her
Majesty the Queen in Right of Canada, © Queen's Printer
for Ontario, © Canada Post Corporation, GeoBase ®.
NT holds a non-exclusive license from the United States
Postal Service ® to publish and sell ZIP+4 ® information.
© United States Postal Service ® 2010. Prices are
not established, controlled or approved by the United
States Postal Service ®. The following trademarks and
registrations are owned by the USPS: United States
Postal Service, USPS, and ZIP+4.
TERMS AND CONDITIONS
Personal Use Only. You agree to use this Data 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 of this End-User License
Agreement, 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. Except as otherwise set forth
herein, 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.
You may transfer the Data and all accompanying materials on
a permanent basis if you retain no copies and the recipient
agrees to the terms of this End-User License Agreement. Multi-
disc sets may only be transferred or sold as a complete set as
provided to you and not as a subset thereof.
Restrictions. Except where you have been specifically licensed to
do so by NT 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, including without limitation,
cellular phones, palmtop and handheld computers, pagers, and
personal digital-assistants or PDAs.
Warning. This 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. NT 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: NT 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: NT 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 THIS DATA; 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 DATA, ANY DEFECT
IN THIS DATA, OR THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION IN CONTRACT
OR TORT OR BASED ON A WARRANTY, EVEN IF NT 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 NT (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.
Government End Users. If the Data is being acquired
by or on behalf of the United States government or any
other entity seeking or applying rights similar to those
customarily claimed by the United States government,
this Data is a "commercial item" as that term is defined
at 48 C.F.R. ("FAR") 2.101, is licensed in accordance
with this End-User License Agreement, and each copy
of Data delivered or otherwise furnished shall be marked
and embedded as appropriate with the following "Notice
of Use," and be treated in accordance with such Notice:
CONTRACTOR (MANUFACTURER/ SUPPLIER)
NAME: NAVTEQ
CONTRACTOR (MANUFACTURER/SUPPLIER)
425 West Randolph Street, Chicago, IL 60606.
This Data is a commercial item as defined in FAR
2.101 and is subject to the End-User License
Agreement under which this Data was provided.
© 2010 NAVTEQ. All rights reserved.
If the Contracting Officer, federal government agency, or
any federal official refuses to use the legend provided
herein, the Contracting Officer, federal government
agency, or any federal official must notify NAVTEQ prior
to seeking additional or alternative rights in the Data.
© 2010 NAVTEQ. All Rights Reserved.
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