Warranty conditions and Repair procedure
Contents
1. Il and Ill JUN 1987 civilian agency technical data and noncommercial computer software clause and or FAR 12 211 and FAR 12 212 commercial item acquisitions as applicable In case of conflict between any of the FAR and DFARS provisions listed herein and this License the construction that provides greater imitations on the Government s rights shall control Contractor manufacturer is Tele Atlas North America Inc 11 Lafayette Street Lebanon NH 03766 1445 Phone 603 643 0330 The Licensed Products are 1984 200_ by Tele Atlas 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 9 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 rom 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 copies2. accurate and or up to date and it is an essential condition of the Terms of Use that End User accepts the Tele Atlas MultiNet data of the United Kingdom on that basis It is Disclaimed all liability of Ordnance Survey with respect to the Tele Atlas MultiNet data of the United Kingdom b End User shall not use Tele Atlas MultiNet data of the United Kingdom in any printed published form that results in Enhanced Offering to be distributed freely or sold to the public without the prior permission of Ordnance Survey c End User have to 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 Tele Atlas MultiNet data of the United Kingdom d End User have to accept the obligation to on request provide Ordnance Survey with information on what products and or services containing and or derived from the Licensed Products they produce e End User to be liable to Ordnance Survey in the event of discovery of breach of the aforementioned contractual terms 11 Tele Atlas MultiNet data of Norway In addition to the provisions described above if the End User licenses Enhanced Offerings based upon the Tele Atlas MultiNet data of Norway a End User shall not using the Tele Atlas MultiNet data of Norway to create general purpose pr
3. All rights reserved This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to Tele Atlas Canada Inc Tele Atlas Canada Inc is an authorized distributor of selected Statistics Canada computer files under Agreement number 6776 and is an authorized distributor of selected Geomatics Canada computer files The product includes information copied with permission from Canadian authorities including Canada Post Corporation 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 2003 Federal Electoral Districts FED Boundaries Province Boundaries 2001 Census Division Boundaries 2001 Census Subdivision Boundaries 2001 Census Metropolitan Boundaries 2001 Census Tract Boundaries and 2001 Dissemination Areas Licensed Products shall apply NOTICE 2001 200_ Tele Atlas All rights reserved This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to Tele Atlas Canada Inc Tele Atlas Canada Inc is an authorized distributor of selected Statistics Canada computer files under Agreement number 6776 and is an authorized distributor of selected Geomatics Canada computer files The use of this material is subject to the terms of a License Agreement You will be held liable for any unauthorized copying
4. any commercial use 2 Licensed Products are the confidential information of TELE ATLAS and is prohibited disclosure the Licensed Products to third parties 3 It is prohibited any unauthorized copying 4 lt is prohibited remove or obscuring of any copyright trademark notice or restrictive legend 5 Tele Atlas is a third party beneficiary of Licensee s rights under the EULA The covenants and obligations undertaken by the End User herein are intended for the direct benefit of TELE ATLAS and may be enforced by TELE ATLAS directly against the End User Limitation of liability NEITHER TELE ATLAS NOR ITS SUPPLIERS SHALL BE LIABLE TO THE UNDERSIGNED FOR ANY INCIDENTAL CONSEQUENTIAL SPECIAL INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT INCLUDING LOST PROFITS OR COSTS OF COVER LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN TELE ATLAS SHALL HAVE NO MONETARY LIABILITY TO THE UNDERSIGNED FOR ANY CAUSE REGARDLESS OF THE FORM OF ACTION UNDER OR RELATING TO THIS AGREEMENT Disclaim all warranties of TELE ATLAS and its suppliers THE LICENSED PRODUCTS ARE PROVIDED ON AN AS IS AND WITH ALL FAULTS BASIS AND TELE ATLAS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON INFRINGEMENT MERCHANTABILITY SATISFAC
5. or disclosure of this material Dynamap Canada Highways and Traffic Counts Licensed Products shall apply NOTICE 2001 200_ Tele Atlas All rights reserved This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to Tele Atlas Canada 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 Dynamap Canada without Census data FSA Boundaries FSA Centroids Matchmaker SDK Professional Canada Address Coding Guide and 6 Digit Postal Code File Licensed Products shall apply NOTICE 2001 200_ Tele Atlas All rights reserved This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to Tele Atlas Canada Inc The product includes information copied with permission from Canadian authorities including Canada Post Corporation 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 Dynamap Routing Dynamap Transportation North America Tele Atlas Logistics Tele Atlas StreetMap Premium Licensed Products shall apply NOTICE 1984 200_ Tele Atlas All rights reserved This material is proprietary and the subject of copyright protection and other intellectual property ri
6. s search functions shall be limited to city state ZIP Code or radius within a particular geography Not all business searches are permitted g End User may not display ZIP Codes generated from the POI Licensed Products h End User may only display up to ten 10 records per page i End User may not generate more than five million 5 000 000 page views per month j End User shall display the POI Licensed Product copyright notice at all times in conjunction with the TELE ATLAS copyright notice As of the Effective Date of this Agreement the copyright notice for the POI Licensed Product is 15 Tele Atlas Brand Icon Licensed Product the Brand Icon Licensed Product In addition to the provisions described above a End User s use of the Brand Icon Licensed Product and any portion thereof is limited to use solely for the purpose of enhancing the value and or use of the spatial vector data furnished or made by TELE ATLAS Notwithstanding anything to the contrary herein or in any attachment or exhibit hereto in no event shall End User use the Brand Icon Licensed Product or any portion thereof in connection with or in conjunction with spatial street vector data furnished or made by a party other than TELE ATLAS End User may only use the icons brand names logos trademarks or other features within and not separate from the map data in any collateral marketing and product packaging In addition End shall not modify or alter the color
7. use duplication reproduction release modification disclosure or transfer of the Cidana Product or of any related Documentation of any kind including technical data is restricted in accordance with Federal Acquisition Regulation FAR 12 212 and any successors for civilian agencies and Defense Federal Acquisition Regulation Supplement DFARS 227 7202 and any successors for military agencies The Cidana Product is commercial computer software developed exclusively at private expense The use of the Cidana Product by any Government agency department or other entity of the Government is further restricted in accordance with the terms of this Agreement or any modification hereto Before delivery of any Cidana Product to the Government AvMap and all its customers will affix to the Cidana Product the appropriate legend consistent with the foregoing This Agreement will be governed by the laws of the State of California
8. LSO THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CIDANA PRODUCT IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE CIDANA PRODUCT THOSE WARRANTIES DO NOT ORIGINATE FROM AND ARE NOT BINDING ON CIDANA SOME STATES DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU 8 YOUR SOLE REMEDY AND THE ENTIRE LIABILITY OF CIDANA IS SET FORTH ABOVE IN NO EVENT WILL CIDANA BE LIABLE TO END USER OR ANY OTHER PERSON FOR ANY DAMAGES INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES EXPENSES LOST PROFITS LOST SAVINGS OR OTHER DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE SUCH CIDANA PRODUCT THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE IN NO EVENT SHALL CIDANA BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE PRICE OF THE UNIT OF CIDANA PRODUCT PAYABLE TO CIDANA 9 You may not sublicense assign or transfer the license or the Cidana Product except as expressly provided in this Agreement Any attempt to otherwise sublicense assign or transfer any of the rights duties or obligations hereunder is null and void 10 You will not export or re export any product incorporating the Cidana Product without the appropriate United States P R C or foreign government licenses 11 U S Government Restricted Rights If the Cidana Product is distributed to or used by an agency department or other entity of the United States Government Government the Government s
9. TORY QUALITY ACCURACY TITLE AND FITNESS FOR A PARTICULAR PURPOSE NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TELE ATLAS OR ANY OF ITS AGENTS EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT 6 The use of the Licensed Products with a non TELE ATLAS map may result in increased variance between the location displayed on the map and ground truth location 7 End Users shall not provide display or allow access to the actual numerical latitude and longitude coordinates 8 In the event that any End User is a government entity located in the United States 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 the LIMITED or RESTRICTED rights as described in DFARS 252 227 7014 a 1 JUN 1995 DOD commercial computer software definition DFARS 227 7202 1 DOD policy on commercial computer software FAR 52 227 19 JUN 1987 commercial computer software clause for civilian agencies DFARS 252 227 7015 NOV 1995 DOD technical data commercial items clause FAR 52 227 14 Alternates
10. Warranty conditions Legenda Product The AvMap car navigator contained in the packaging Conformity Conformity to the technical aesthetic and functional features described for the product Purchaser Private person purchasing the product from the vendor Producer AvMap S r l This warranty is valid throughout the European Community The conditions of guarantee secure the Purchaser in conformity with the 1st Article 1 Dlgs 2 February n 24 without prejudice of the rights deriving to the Purchaser in pursuance of the national laws The Purchaser can exercise warranty rights up to 24 months from the date of delivery of the product The date of delivery is taken as the one printed on tax documents receipt invoice or other equivalent issued by the seller to the Purchaser at the point of sale If the product displays a possible Conformity Defect it must be returned to the Support Centre within two months since the finding otherwise the Purchaser will lose the warranty right When the Purchaser verifies a Conformity Defect he she must send the product to the Support Centre together with the tax document and the warranty The Purchaser s rights under this warranty are forfeited in the following cases e If the Support Centre identifies previous unauthorised repair attempts have been made and or that unofficial replacement components have been used e Conformity Defect caused by the misuse of the product or inadequate installation and or fail
11. furnished or made by a party other than TELE ATLAS 14 MultiNet Premium Points of Interest or Dynamap Premium Points of Interest the POI Licensed Product In addition to the provisions described above in this a No Creation of Mailing Lists End User is prohibited from using the POI Licensed Product i to create mailing lists or ii for other such similar uses b Compliance End User will use the POI Licensed Product in compliance with all applicable federal state and local laws rules and regulations c Indemnification End User shall indemnify and hold infoUSA Inc harmless against all third party claims or liability which are based in whole or in part of the users failure to comply with such laws rules and regulations or which result from the use of the POI Licensed Product through the End User d Warranty In addition to the Warranties contained in the Agreement END USER UNDERSTANDS THAT THE PO LICENSED PRODUCT IS LICENSED ON AN AS IS BASIS WITHOUT GUARANTEE AND THERE ARE NO OTHER WARRANTIES MADE WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE e POI Licensed Product Segregation End User is prohibited from combining or merging the POI Licensed Product with any other POI data The POI Licensed Product shall be maintained in such a way that they are separately identifiable from all other POI data at all times f End User
12. ghts owned or licensed to Tele Atlas Canada Inc The product includes information copied with permission from Canadian authorities including Canada Post Corporation and selected Geomatics Canada computer files 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 Custom Dynamap Transportation for Road DENSO Navigation Custom Dynamap Transportation for MapQuest Custom Dynamap Transportation for Microsoft and Custom Dynamap Transportation for UPS LT Licensed Products shall apply NOTICE 19841 200_ Tele Atlas All rights reserved This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to Tele Atlas Canada Inc The product includes information copied with permission from Canadian authorities including Canada Post Corporation and selected Geomatics Canada computer files 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 CIDANA End User License Agreement You have acquired a device or system the Device that implements or includes software licensed by AvMap from Cidana Inc or its subsidiaries Cidana Those installed software products of Cidana origin as well as associated media printed materials and electronic or on
13. inted or digital maps which are similar to the basic national products of the Norwegian Mapping Authority Any Enhanced Offering of the Tele Atlas MultiNet data of Norway shall be regarded as similar to the basic national products of the Norwegian Mapping Authority if such Enhanced Offering 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 12 Tele Atlas MultiNet data of Poland In addition to the provisions described above if the End User licenses Enhanced Offerings based upon the Tele Atlas MultiNet data of Poland a End User shall not using the Tele Atlas MultiNet data of Poland to create commercial printed maps or map products 13 Tele Atlas Address Points Licensed Product In addition to the provisions described above a End User s use of the Tele Atlas Address Point Licensed Product and any portion thereof is limited to use solely for the purpose of enhancing the value and or use of the spatial vector data furnished or made by TELE ATLAS Notwithstanding anything to the contrary herein or in any attachment or exhibit hereto in no event shall End User use the Tele Atlas Address Point Licensed Product or any portion thereof including but not limited to longitude latitude coordinates derived from the Tele Atlas Address Point Product in connection with or in conjunction with spatial street vector data
14. line documentation the Cidana Product are protected by international intellectual property laws and treaties The Cidana Product is licensed not sold All rights reserved IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT EULA DO NOT USE OR COPY THE CIDANA PRODUCT INSTEAD PROMPTLY CONTACT AvMap FOR INSTRUCTIONS ANY USE OF THE CIDANA PRODUCT INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE OR AvMap PRODUCT WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA OR VERIFICATION OF ANY PREVIOUS CONSENT This EULA solely grants you the following license 1 You may use the Cidana Product only bundled with the AvMap Product 2 Use of the AvMap Product incorporating the Cidana Product is limited to your internal use 3 Ownership of the Cidana Product remains with Cidana 4 You may not use copy modify disassemble reverse engineer decompile or transfer the Cidana Product or any copy modification or merged portion in whole or in part except as expressly provided in this Agreement If You transfer possession of any copy modification or merged portion of the Cidana Product to another party your license is automatically terminated 5 Any portion of the Cidana Product merged into another software program will continue to be subject to the terms and conditions of this Agreement If You transfer the Cidana Product to another party You must at the same time either transfer all copies whether in printed or computer readable form to the same
15. n addition based on a Tele Atlas MultiNet data of Austria BEV GZ 1368 2003 b Tele Atlas MultiNet data of Denmark DAY violation of these copyrights shall cause legal proceedings c Tele Atlas MultiNet data of France IGN France Michelin data Michelin 2009 d Tele Atlas MultiNet data of the United Kingdom excluding Northern Ireland This product includes mapping data licensed from Ordnance Survey with the permission of the Controller of Her Majesty s Stationery Office Crown copyright and or database right 2009 All rights reserved Licence number 100026920 e Tele Atlas MultiNet data of Northern Ireland Ordnance Survey of Northern Ireland f Tele Atlas MultiNet data of Norway Norwegian Mapping Authority Public Roads Administration Mapsolutions g Tele Atlas MultiNet data of Russia Roskartographia h Tele Atlas MultiNet data of Switzerland Swisstopo i Tele Atlas MultiNet data of The Netherlands Topografische onderground Copyright dienst voor het kadaster en de openbare registers Apeldoorn 2006 l 2D Citymaps INCREMENT P CORP 2007 Tele Atlas BV 2007 All rights reserved l M data for Canada Dynamap Canada with Census data and E PCCF and or Tele Atlas MultiNet North America and or MultiNet Custom iPC and or MultiNet Custom BMW Licensed Products shall apply NOTICE 2001 200_ Tele Atlas
16. 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 10 Tele Atlas MultiNet data of Denmark End User shall not using the Tele Atlas MultiNet data of Denmark to create maps within telephone books or other products similar to telephone books e g directories including such products in digital form 11 Tele Atlas MultiNet data of the United Kingdom End User shall not licensed Enhanced Offerings based upon the Tele Atlas MultiNet data of the United Kingdom Licensee must also include the following terms in its EULA with such End Users a End User shall not remove of obscuring of any copyright trademark or restrictive legend belonging to Ordnance Survey Disclaim all warranties of Ordnance Survey whether express or implied including but not limited to theimplied warranties of non infringement merchantability completeness accuracy and fitness for a particular purpose Require End User to acknowledge that Ordnance Survey makes no warranty and gives no representation that the Tele Atlas MultiNet data of the United Kingdom is complete
17. party or destroy any copies not transferred including all modifications and portions of the Cidana Product contained or merged into other software programs You must also reproduce and include the copyright notice on any copy modification or portion merged into another software program 6 You may permanently transfer rights under this EULA only as part of a permanent sale or transfer of the Device and only if the recipient agrees to this EULA your computer may contain pre installed Cidana Product and diskettes may not have been included If You are provided with diskettes You may not use the diskettes on another computer or loan rent lease or transfer them to another user except as part of the permanent transfer as provided above of all Cidana Product and Documentation 7 THE CIDANA PRODUCT IS PROVIDED AS IS AND WITH ALL FAULTS NO WARRANTIES EITHER EXPRESS OR IMPLIED ARE MADE WITH RESPECT TO THIS CIDANA PRODUCT INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES FOR NON INFRINGEMENT OF INTELLECTUAL PROPERTY AND CIDANA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND YOU ASSUME THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY PERFORMANCE ACCURACY AND EFFORT INCLUDING LACK OF NEGLIGENCE OF THE CIDANA PRODUCT SHOULD THE CIDANA PRODUCT PROVE DEFECTIVE YOU AND NOT CIDANA OR AN AUTHORIZED RESELLER ASSUME THE ENTIRE COST OF ANY SERVICING REPAIR OR CORRECTION A
18. shape size and orientation of the Brand Icon Licensed Product as provided to End User without TELE ATLAS s prior written approval b Licensee agrees that the use of Brand Icon Licensed Product subject to the terms and conditions set forth in this Agreement and that there may be additional third party terms conditions and restrictions to which the use of the Brand Icon Licensed Product will be subject provided to the End User from time to time by TELE ATLAS in the Release Notes applicable to the Licensed Products c Should End User enter into any commercial arrangement for advertising pay for placement promotion or any similar paid brand marketing exposure with any owners or their representatives of any of the brand icons supplied with the Brand Icon Licensed Product TELE ATLAS shall receive no less than twenty five percent 25 of any revenues collected in the context of any such commercial arrangement unless otherwise agreed to in advance and in writing by both parties 16 Applicable in case of flashpost speedcamera data In certain countries the use of flashpost speedcamera information might be in conflict with the law and or regulations By using such information user agrees to indemnify Tele Atlas and its related 3rd party suppliers of any claims related to such flashpost speedcamera information Usage is at own risk Copyright Notices 1 Tele Atlas MultiNet Europe Data Source lt 2009 gt Tele Atlas B V and i
19. ty Defect has been confirmed the Purchaser must contact the authorised Support Centre for national territory by one of the following methods Web procedure The Purchaser should visit the www avmap it website and click on Technical Support The Purchaser will be required to complete an on line assistance request form Once the form has been processed the Support Centre will send the Purchaser an authorisation number RMA by email The Purchaser may then send the broken equipment to the national competent Supporting Centre for the reparation on guarantee Telephone procedure Contact 0039 0585 784044 and explain your problem to the Support Centre operator The operator will give you an authorization number RMA The Purchaser may then send the broken equipment to the national competent Supporting Centre for the reparation on guarantee The Purchaser can check which is the national competent Supporting Centre for each country on the web site www avmap it For repairs carried out under guarantee or Product replacement the validity of the warranty continues to have effect from the date on the tax document The Product control and the Conformity Defect Check are exclusive competence of the Supporting Centre AvMap Support Tel 0039 0585 784044 info avmap it Tele Atlas End User License Agreement 1 The license and use of the data are only permitted for End User s own internal business or personal use and not for resale sublicense or
20. ure to comply with the instructions contained in the User Manual or contrary to the technical or security regulations in force in the Country in which the Product had been used when the possible Conformity Defect occurred e Conformity Defects caused by revisions or alterations that have not been authorised by the Producer that is negligence misuse deterioration due to the exposure of the Product to sunlight humidity heat source or temperature that do not conform with the recommendations in the User Manual e Damages caused directly or indirectly to the Product by the Purchaser during carrying or due to its exposure to Lightning or other atmospheric phenomena Excess voltage Inadequate or irregular electrical supply and generally due to any operations or interventions carried out on the Product by the Purchaser or by a third party contrary to the correct use of the Product The Purchaser s rights under this warranty also regard the aesthetical and or missing components power supply cables but excluding normal wear and tear or inadequate and or inappropriate employ of the mentioned parts above The conditions of this Warranty can only be changed modified or extended in writing by the Producer Each possible controversy deriving and or connected to the previous conditions of the warranty will be transferred to the exclusive and absolute knowledge of the jurisdiction of Massa MS Repair and replacement under warranty When a Conformi
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