End User License Agreement for Map Data
Contents
1. IO explore more End User License Agreement for Map Data Revision ROO 9 2010 Terms and Conditions for the Use of Navigation Data If your Mio product contains receives or uses navigation data which includes but is not limited to maps points of interest and traffic information Data the following terms and conditions the Terms will apply to your use of the Data PLEASE READ THESE TERMS CAREFULLY BEFORE YOU OPERATE YOUR MIO PRODUCT BY OPERATING THE MIO PRODUCT OR USING THE DATA DOWNLOADING THE DATA OR REFRESHING OR UPDATING THE DATA YOU AGREE TO BE BOUND BY THESE TERMS IF YOU DO NOT AGREE TO THESE TERMS DO NOT OPERATE THE MIO PRODUCT AND INSTEAD CONTACT MIO TO ARRANGE A RETURN THE PRODUCT AND A REFUND OF THE PURCHASE PRICE OF THE PRODUCT The Data is licensed and not sold to you It is protected by copyright and other intellectual property rights You may use the Data in connection with the product supplied with these Terms a as and to the extent used and displayed by the Mio product b according to the user manual supplied with the Mio product and c solely for your own personal non commercial purposes Restrictions You may use the data for your own personal use only and not for transfer distribution or disclosure to third parties or use or the benefit of third parties You may not use the Data to operate a service bureau or any other use involving the processing of data or performance of servic2. 2003 by Tele Atlas N V and Tele Atlas North America Inc ALL RIGHTS RESERVED For purpose of any public disclosure provision under any fe deral state or local law it is agreed that the Tele Atlas Products are a trade secret anda proprietary commercial product and not subject to disclosure If you are an agency d other public entity or from public disclosure epartment or other entity of any state government the United States government or any unded in whole or in part by the United States Government then you agree to protect the Data and to consider the Data exempt from any statute law regulation or code including any nu sunshine act public records act the Freedom of Information Act or equivalent law that permits public access to or reproduction or use of the Data In the event that such exemption is challenged under any such laws these Terms shall be considered breached and any and all right to retain any copies or to use of the Data shall be terminated and considered immediately null and void Any copies of the Data held by you shall immediately be destroyed If any court of competent jurisdiction considers this clause void and unenforceable in whole or in part for any reason your right to use the Data under these Terms shall be considered terminated and null and void in its entirety and any and all copies of the Data shall immediately be destroyed If the source of the Data is Tele Atlas the foll
3. PERMITTED BY APPLICABLE LAW MIO AND EACH DIRECT OR INDIRECT PROVIDER OF DATA DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE DATA WHETHER EXPRESS IMPLIED OR OTHERWISE AND ADDITIONALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY FITNESS FOR ANY PARTICULAR PURPOSE COMPLETENESS ACCURACY CONTENT EFFECTIVENESS RELIABILITY OR USEFULNESS AND ADDITIONALLY DISCLAIM ANY WARRANTY THAT THE RESULTS OF USE OF THE DATA WILL BE ACCEPTABLE OR THAT THE DATA OR ANY DEVICE THAT DISPLAYS OPERATES UPON OR CARRIES THE DATA WILL BE UNINTERRUPTED OR ERROR FREE USE OF THE DATA IS AT YOUR OWN RISK The 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 It is an essential condition of these Terms that you accept and use the Data subject to all limitations of liability contained in these Terms These limitations apply even if they cause these Terms or any remedy provided under these terms to fail of its or their essential purpose Some jurisdictions do not allow certain liability exclusions or damages limitations and to that extent the above may not apply to you Governing Law The above terms and conditions shall be governed by the laws of the People s Republic of China without giving effect to i its conflict of laws provisions ii the United Nations Convention for Contracts fo
4. TED TO BY POSSESSING OR USING DATA WITH REGARD TO SPEED CAMERAS OR OTHER TRAFFIC MONITORING OR ENFORCEMENT DEVICES IN A JURISDICTION OR IN A WAY THAT VIOLATES APPLICABLE LAW Specific Provisions Pertaining to Data Provided by Certain Third Parties If the source of the Data is Tele Atlas the following terms apply he Tele Atlas MultiNet data of a certain country or part of a country in any digital vector based form Tele Atlas and to the extent that the Data includes iPC City Map Data iPC is a third party beneficiary of your obligations under these Terms which means that Tele Atlas or as applicable iPC can enforce these Terms against you to the same extent that Mio can enforce them against you You do not have similar rights as against Tele Atlas or as applicable iPC You may not extract tl If the source of the Data is Tele Atlas the following terms apply to United States Data If you are 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 the Data which is a commercial product and the Data s accompanying documentation is restricted in accordance with FAR 12 212 and DFARS 227 7202 and by a license agreement The contractor manufacturer is Tele Atlas North America Inc 1605 Adams Drive Menlo Park CA 94025 650 328 3825 The Licensed Products are 1984
5. es for other persons or enterprises If the materials or packaging that come with this product or the product itself contains limitations on the number of concurrent users subscribers or transactions or similar limitations you must observe those limitations You may use the Data solely with the product provided by Mio You may not derive or attempt to derive the structure of the Data You may not reproduce disclose publish distribute reverse engineer de compile disassemble or transfer the Data other than as expressly provided in these Terms You may not remove or obscure any copyright or trademark notice or similar restrictive legend You may not use any of the Data to provide competitive information about the provider of the Data to third parties You acknowledge that the Data is confidential and may contain trade secrets of Mio or the provider of the Data and you agree not to disclose the Data to any third party You may not export the Data from the jurisdiction in which you purchased the Mio product without fully complying with all import and export restrictions with regard to the Mio product or the Data Except as expressly stated otherwise you may not use the Data delivered with one Mio product with another Mio product or with any other product other than the Mio product with which the Data was delivered Except where you have been specifically licensed to do so by Mio you may not a use the Data with any products systems or application
6. he Data of Great Britain or Northern Ireland You will be liable to Ordnance Survey in the event that you breach any of these terms with regard to the Data of Great Britain or Northern Ireland If the source of the Data is Tele Atlas the following notices apply For European Data Data Source 2010 Tele Atlas based on Austria BEV GZ 1368 2003 Denmark DAV France IGN France and in the case of products for Geographic Information Systems Georoute OIGN France and in the case of navigational products Michelin data Michelin 2007 Great Britain This product includes mapping data licensed from Ordnance Survey with the permission of the Controller of Her Majesty s Stationery Office Crown copyright or database right 2007 All rights reserved Licence number 100026920 Italy Geonext DeAgostini Northern Ireland Ordnance Survey of Northern Ireland Norway Norwegian Mapping Authority Public Roads Administration Mapsolutions Switzerland Swisstopo The Netherlands Topografische ondergrond Copyright dienst voor het kadaster en de openbare registers Apeldoorn 2006 Turkey This data has been approved by Turkish Military Forces by the given authority from Councils of Ministers of Turkey For United States and Canada Data 2010 Tele Atlas North America Inc Geographic Data Technology Inc All rights reserved This material is proprietary and the subject of copyright protection and other intellectual
7. owing terms apply to Data regarding premium points of interest POIs in the United States THE PREMIUM POI S ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND IN NO EVENT WILL TELE ATLAS S THIRD PARTY SUPPLIER S OF THE PREMIUM POI S BE LIABLE IN ANY WAY WITH REGARD TO THE PREMIUM POI S If the source of the Data is Tele Atlas the following terms apply to Canadian Data You shall prohibit the removal or obscuring of any copyright trademark or restrictive legend belonging to DMTI Spatial Inc Neither DMTI Spatial Inc nor Her Majesty the Queen in Right of Canada nor the Minister of Natural Resources makes any warranty with regard to the Data whether express or implied including but not limited to the implied warranties of non infringement merchantability completeness accuracy and fitness for a particular purpose Neither DMTI Spatial Inc nor Her Majesty the Queen in Right of Canada nor the Minister of Natural Resources nor any of their respective officers employees and agents will have any liability whatsoever in connection with the Data You may not change the attributes or vector geometry of any of the Data You must indemnify DMTI Spatial Inc Her Majesty the Queen in Right of Canada the Minister of Natural Resources and their respective officers employees and agents from and against all claims demands or actions irrespective of the nature of the cause of the claim demand or action alleging loss costs ex
8. penses damages or injuries including injuries resulting from death arising out of the use of the Data If the source of the Data is Tele Atlas the following terms apply to Danish Data You may not use the Data to create maps within telephone books telephone books or other products similar to telephone books e g directories including such products in digital form If the source of the Data is Tele Atlas the following terms apply to Norwegian Data You may not use the Data to create general purpose printed or digital maps that are similar to the basic national products of the Norwegian Mapping Authority Any derivative product of the Data pertaining to Norway shall be regarded as similar to the basic national products of the Norwegian Mapping Authority if such derivative product has a regional or national coverage and at the same time has a content scale and format that are similar to the basic national products of the Norwegian Mapping Authority If the source of the Data is Tele Atlas and the Data includes flashpost speedcamera information the following terms apply In certain countries the use of flashpost speedcamera information might be in conflict with the law or regulations By using such information you agrees to indemnify Tele Atlas and its related third party suppliers of any claims related to such flashpost speedcamera information Usage is at your own risk If the source of the Data is Tele Atlas the following te
9. property rights owned by or licensed to Tele Atlas North America Inc Geographic Data Technology Inc The use of this material is subject to the terms of a license agreement You will be held liable for any unauthorized copying or disclosure of this material For Canadian Data DMTI Spatial Portions of Canadian map data are reproduced under license from Her Majesty the Queen in Right of Canada with permission from Natural Resource Canada Entire Agreement These Terms constitute the entire agreement between Mio and its licensors including their licensors and suppliers and you pertaining to the subject matter of these Terms and these Terms supersede in their entirety any and all written or oral agreements previously existing between you and Mio with respect to such subject matter
10. r the International Sale of Goods which is explicitly excluded or iii the Uniform Computer Information Transactions Act which is also expressly excluded You agree to submit to the jurisdiction of and venue in Taipei District Court in Taiwan for any and all disputes claims and actions arising from or in connection with the Data provided to you under these Terms Compliance with Law NEITHER MIO NOR ANY SUPPLIER OR LICENSOR TO MIO CONDONES SPEEDING OR ANY OTHER TYPE OF DRIVING OFFENSE MIO PRODUCTS AND THE DATA ARE DESIGNED TO BE USED SOLELY AS AN AID TO SAFER DRIVING IT IS YOUR RESPONSIBILITY TO DRIVE OR OTHERWISE USE THE MIO PRODUCT AND DATA WITHIN GOVERNMENT SET SPEED LIMITS AT ALL TIMES AND TO DRIVE OR OTHERWISE USE THE MIO PRODUCT AND THE DATA IN A CAREFUL AND SAFETY CONSCIOUS MANNER YOU WILL INDEMNIFY MIO AND ITS SUPPLIERS AND LICENSORS AGAINST ANY THIRD PARTY CLAIM RESULTING FROM YOUR FAILURE TO DO SO NEITHER MIO NOR ANY SUPPLIER OR LICENSOR OF MIO WILL HAVE ANY LIABILITY FOR FINES OR ANY OTHER PENALTY FOR CONTRAVENTION OF TRAFFIC OF OTHER RELEVANT LAW OR FOR ANY ACCIDENT IN CERTAIN JURISDICTIONS THE DATA OR CERTAIN USES OF THE DATA MIGHT BE IN CONFLICT WITH LAW YOU WILL INDEMNIFY MIO AND ITS SUPPLIERS AND LICENSORS AGAINST ANY CLAIM SUIT DAMAGES OR SANCTION ASSOCIATED WITH ANY POSSESSION OR USE BY YOU OF THE DATA IN VIOLATION OF LAW YOU MAY NOT USE ANY OF THE DATA IN A WAY THAT VIOLATES ANY LAW INCLUDING BUT NOT LIMI
11. rms apply to Great Britain and Northern Ireland Data Ordnance Survey in the following terms means Ordnance Survey Great Britain and Ordnance Survey of Northern Ireland Ordnance Survey makes no warranties of any kind with regard to the Data whether express or implied and expressly disclaims any implied warranties of non infringement merchantability completeness accuracy and fitness for a particular purpose Ordnance Survey makes no warranty and gives no representation that the Data of Great Britain or Northern Ireland is complete accurate or up to date and it is an essential condition of these Terms that you accept the Data of Great Britain and Northern Ireland on that basis Ordnance Survey will have no liability whatsoever with regard to the Data of Great Britain or Northern Ireland You may not use any data of Great Britain or Northern Ireland in any printed published form that results in derivative products to be distributed freely or sold to the public without the prior permission of Ordnance Survey You must indemnify Ordnance Survey from and against all claims demands or actions irrespective of the nature of the cause of the claim demand or action alleging loss costs expenses damages or injuries including injuries resulting from death arising out of the use of the Data of Great Britain or Northern Ireland You must on request provide to Ordnance Survey information regarding any products containing or derived from t
12. s 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 any positioning devices or any mobile or wireless connected electronic or computer devices including without limitation cellular phones palmtop or handheld computers pagers and personal digital assistants or PDAs Your right to use the Data will automatically terminate upon your breach of any of these Terms Disclaimers and Limitations of Liability THE DATA IS FOR REFERENCE ONLY AND IS NOT TO BE USED AS THE PRIMARY MEANS OF OPERATING A VEHICLE OR OTHER FORM OF TRANSPORTATION THE DATA IS INTENDED AS A REFERENCE TOOL ONLY USE AND INTERPRETATION OF THE DATA IS YOUR RESPONSIBILITY AS IS COMPLIANCE WITH ROAD SAFETY AND TRAFFIC LAWS NEITHER MIO NOR ANY OF ITS PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY THAT USING THE DATA WILL PREVENT LIABILITY UNDER ANY LAW TO THE EXTENT PERMITTED BY APPLICABLE LAW NEITHER MIO NOR ANY DIRECT OR INDIRECT PROVIDER OF DATA WILL HAVE ANY LIABILITY TO YOU IN CONNECTION WITH THE DATA OR THE USE OF THE DATA WHETHER IN CONTRACT TORT STRICT LIABILITY OR OTHERWISE AND NEITHER MIO NOR ANY PROVIDER OF DATA WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND IN CONNECTION WITH THE DATA WHETHER DIRECT INDIRECT INCIDENTAL CONSEQUENTIAL PUNITIVE SPECIAL OR OTHERWISE TO THE EXTENT
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