2008 TOYOTA AVALON Navigation Manual

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63
Restrictions. Except where you
have been specifically licensed to
do so by [CLIENT], 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 applica-
tions; or (b) with or in commu-
nication with any positioning de-
vices or any mobile or wireless−
connected electronic or computer
devices, including without limita-
tion cellular phones, palmtop and
handheld computers, pagers, and
personal digital assistants or
PDAs.
Warning
. The Data may contain
inaccurate or incomplete informa-
tion due to the passage of time,
changing circumstances, sources
used and the nature of collecting
comprehensive geographic data,
any of which may lead to incor-
rect results.
No Warranty.
This Data is pro-
vided to you “as is,” and you
agree to use it at your own risk.
[CLIENT] and its licensors (and
their licensors and suppliers)
make no guarantees, representa-
tions or warranties of any kind,
express or implied, arising by law
or otherwise, including but not
limited to, content, quality, accu-
racy, completeness, effective-
ness, reliability, fitness for a par-
ticular purpose, usefulness, use
or results to be obtained from
this Data, or that the Data or
server will be uninterrupted or er-
ror−free.
Disclaimer of Warranty: [CLIENT]
AND ITS LICENSORS (INCLUD-
ING THEIR LICENSORS AND
SUPPLIERS) DISCLAIM ANY
WARRANTIES, EXPRESS OR
IMPLIED, OF QUALITY, PER-
FORMANCE, MERCHANTABIL-
ITY, FITNESS FOR A PARTICU-
LAR PURPOSE OR NON−IN-
FRINGEMENT. Some States,
Territories and Countries do not
allow certain warranty exclusions,
so to that extent the above ex-
clusion may not apply to you.
Disclaimer of Liability:
[CLIENT]
AND ITS LICENSORS (INCLUD-
ING THEIR LICENSORS AND
SUPPLIERS) SHALL NOT BE LI-
ABLE TO YOU IN RESPECT OF
ANY CLAIM, DEMAND OR AC-
TION, IRRESPECTIVE OF THE
NATURE OF THE CAUSE OF
THE CLAIM, DEMAND OR AC-
TION ALLEGING ANY LOSS, IN-
JURY OR DAMAGES, DIRECT
OR INDIRECT, WHICH MAY RE-
SULT FROM THE USE OR POS-
SESSION OF THE INFORMA-
TION; OR FOR ANY LOSS OF
PROFIT, REVENUE, CON-
TRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCI-
DENTAL, SPECIAL OR CONSE-
QUENTIAL DAMAGES ARISING
OUT OF YOUR USE OF OR IN-
ABILITY TO USE THIS IN-
FORMATION, ANY DEFECT IN
THE INFORMATION, OR THE
BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR
TORT OR BASED ON A WAR-
RANTY, EVEN IF [CLIENT] OR
ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

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64
Some States, Territories and
Countries do not allow certain li-
ability exclusions or damages limi-
tations, 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 li-
censes and approvals required
under, applicable export laws,
rules and regulations.
Entire Agreement.
These terms
and conditions constitute the en-
tire agreement between [CLIENT]
(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 exist-
ing 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 [insert “Nether-
lands” where European NAVTEQ
Data is used], without giving ef-
fect to (i) its conflict of laws pro-
visions, 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 [insert
“The Netherlands” where Euro-
pean NAVTEQ Data is used] for
any and all disputes, claims and
actions arising from or in connec-
tion with the Data provided to
you hereunder.
Government End Users. If the
NAVTEQ 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, (i) for acquisitions
conducted by the Department of
Defense, the NAVTEQ Data is li-
censed with ”Limited Rights” in
accordance with the rights set
forth at DFARS
252.227−7013(b)(3), TECHNICAL
DATA−NONCOMMERCIAL
ITEMS, and NAVTEQ Data deliv-
ered or otherwise furnished with
”Limited Rights” shall be marked
with the following ”Limited Rights
Notice” set forth at DFARS
252.227−7013(f)(3), and shall be
treated in accordance with such
Notice:

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65
LIMITED RIGHTS
CONTRACT NO.:

___________________________
_
CONTRACTOR (MANUFACTUR-
ER/ SUPPLIER) NAME:
NAVTEQ
CONTRACTOR (MANUFACTUR-
ER/SUPPLIER) ADDRESS:
222 Merchandise Mart Pla-
za, Suite 900, Chicago, Illi-
nois 60654
The Government’s rights to use,
modify, reproduce, release, per-
form, display, or disclose these
technical data are restricted by
paragraph (b)(3) of the Rights in
Technical Data−Noncommercial
Items clause contained in the
above identified contract. Any
reproduction of technical data or
portions thereof marked with this
legend must also reproduce the
markings. Any person, other
than the Government, who has
been provided access to such
data must promptly notify the
above named Contractor.and; (ii) for civilian agency ac-
quisitions, the NAVTEQ Data is
licensed in accordance with the
rights set forth at FAR
52.227−14(g)(1), RIGHTS IN
DATA−GENERAL (Protection of
limited rights data and computer
software). In the event that the
Contracting Officer requires the
delivery of limited rights NAVTEQ
Data that has been withheld or
would otherwise be withholdable
in accordance with FAR
52.227−14(g)(1), the NAVTEQ
Data is licensed with ”Limited
Rights” as set forth in the follow-
ing ”Limited Rights Notice” at
FAR 52.227−14(g)(2) (Alternate
II), which shall be affixed to the
NAVTEQ Data and the NAVTEQ
Data shall be treated in accor-
dance with such Notice (which
shall be marked on any reproduc-
tion of the NAVTEQ Data, in
whole or in part):

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66
LIMITED RIGHTS NOTICE
(JUN 1987)
These data are submitted with
limited rights under Government
Contract No. _____ (and sub-
contract ______, if appropriate).
These data may be reproduced
and used by the Government
with the express limitation that
they will not, without written per-
mission of the Contractor, be
used for purposes of manufac-
ture nor disclosed outside the
Government; except that the
Government may disclose these
data outside the Government for
the following purposes, if any,
provided that the Government
makes such disclosure subject
to prohibition against further use
and disclosure: There are no
additional purposes permitting
disclosure of such Data.
The manufacturer/supplier of the
Data is NAVTEQ, 222 Merchan-
dise Mart Plaza, Suite 900, Chi-
cago, Illinois 60654.If the Contracting Officer refuses
to use either of the licenses pro-
vided in (i) or (ii), herein, the
Contracting Officer must notify
NAVTEQ North America, LLC
prior to seeking additional or al-
ternative rights in the NAVTEQ
Data.
END USER LICENSE AGREE-
MENT
PLEASE READ THIS AGREE-
MENT CAREFULLY BEFORE US-
ING THE NAVIGATION SYSTEM
THIS IS A LICENSE AGREE-
MENT FOR YOUR COPY OF
THE SPATIAL MAP DATABASE,
INCLUDING LOCATION CODES
AND RELATED PRODUCTS
(COLLECTIVELY, THE “DATA-
BASE”), USED IN THE NAVIGA-
TION SYSTEM. BY USING THE
NAVIGATION SYSTEM AND THE
DATABASE, YOU ACCEPT AND
AGREE TO BE BOUND BY ALL
TERMS AND CONDITIONS SET
FORTH BELOW.
LICENSE GRANT
Denso Corporation (“Denso”), as
a licensed distributor of the DA-
TABASE, grants to you a non−ex-
clusive, non−perpetual license to
use your copy of the DATABASE
for your personal use or for your
use in your business’ internal op-
erations and not for any other
purpose. This license does not
include the right to grant sub−li-
censes.

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67
OWNERSHIP
The DATABASE and the copy-
rights and intellectual property
and neighboring rights therein
are owned by Tele Atlas North
America, Inc. (“TANA”) and its li-
censors. This Agreement does
not transfer any title or interest
in the DATABASE, except for the
license to use the DATABASE ac-
cording and subject to the terms
and conditions of this Agreement.
You shall not alter, obscure or
remove any copyright notices,
trademark notices or other re-
strictive legends relating to the
DATABASE.
The DATABASE comprises confi-
dential and proprietary informa-
tion and materials of TANA. Ac-
cordingly, you shall hold the DA-
TABASE in confidence and trust.
You shall take reasonable steps
to protect the DATABASE from
misappropriation or misuse. You
shall not extract stand−alone
data from or publish any part of
the DATABASE without the prior
written consent of TANA and its
licensors.
LIMITATIONS ON USE
The DATABASE is restricted for
use in the specific system for
which it was created. Except to
the extent explicitly permitted by
mandatory laws, you may not ex-
tract or reutilize any portion of
the contents of the DATABASE,
nor reproduce, copy, duplicate,
modify, adapt, translate, disas-
semble, decompile, or reverse
engineer any portion of the DA-
TABASE.TRANSFER
You may not transfer the DATA-
BASE to third parties, except to-
gether with the system for which
it was created, provided that you
do not retain any copy of the
DATABASE, and provided that
the transferee agrees to all terms
and conditions of this AGREE-
MENT.
DISCLAIMER OF WARRANTY
THE DATABASE IS PROVIDED
ON AN “AS IS” AND “WITH ALL
FAULTS BASIS” AND DENSO
AND TANA (AND THEIR LICEN-
SORS AND SUPPLIERS) EX-
PRESSLY DISCLAIM ALL OTH-
ER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED
WARRANTIES OF NON−IN-
FRINGEMENT, MERCHANTABIL-
ITY, SATISFACTORY QUALITY,
ACCURACY, TITLE AND FIT-
NESS FOR A PARTICULAR
PURPOSE. NO ORAL OR
WRITTEN ADVICE OR IN-
FORMATION PROVIDED BY
DENSO OR TANA (OR ANY OF
THEIR LICENSORS, AGENTS,
EMPLOYEES OR THIRD PARTY
PROVIDERS) SHALL CREATE A
WARRANTY, AND YOU ARE
NOT ENTITLED TO RELY ON
ANY SUCH ADVICE OR IN-
FORMATION. THIS DISCLAIM-
ER OF WARRANTIES IS AN ES-
SENTIAL CONDITION OF THIS
AGREEMENT.

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68
LIMITATION OF LIABILITY
IN NO EVENT SHALL DENSO
OR TANA (OR THEIR LICEN-
SORS OR SUPPLIERS) BE LI-
ABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, SPECIAL, IN-
DIRECT OR EXEMPLARY DAM-
AGES ARISING OUT OF THIS
AGREEMENT OR YOUR USE
OF THE DATABASE, INCLUD-
ING, WITHOUT LIMITATION,
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.
IN NO EVENT WILL THE TOTAL
LIABILITY OF DENSO OR TANA
(OR THEIR LICENSORS OR
SUPPLIERS) EXCEED THE
AMOUNTS PAID BY YOU FOR
THE DATABASE.WARNINGS
The DATABASE comprises facts
and information from government
and other sources reflecting cir-
cumstances in existence before
you received the DATABASE,
which may contain errors and
omissions. Accordingly, the DA-
TABASE may contain inaccurate
or incomplete information due to
the passage of time, changing
circumstances, and due to the
nature of the sources used. The
DATABASE does not include or
reflect information relating to,
among other things, neighbor-
hood safety; law enforcement;
emergency assistance; construc-
tion work; road or lane closures;
vehicle or speed restrictions;
road slope or grade; bridge
height, weight or other limits;
road or traffic conditions; special
events; traffic congestion; or trav-
el time.

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69
U.S. GOVERNMENT RIGHTS
If you are an agency, depart-
ment, or other entity of the
United States Government, or
funded in whole or in part by the
United States Government, then
use, duplication, reproduction, re-
lease, modification, disclosure or
transfer of this commercial prod-
uct and accompanying documen-
tation, is restricted in accordance
with the LIMITED or RE-
STRICTED rights as described in
DFARS 252.227−7014(a)(1) (JUN
1995) (DOD commercial comput-
er software definition), DFARS
227.7202−1 (DOD policy on com-
mercial computer software), FAR
52.227−19 (JUN 1987) (commer-
cial computer software clause for
civilian agencies), DFARS
252.227−7015 (NOV 1995) (DOD
technical data − commercial
items clause); FAR 52.227−14 Al-
ternates I, II, and III (JUN 1987)
(civilian agency technical data
and noncommercial computer
software clause); and/or FAR
12.211 and FAR 12.212 (commer-
cial item acquisitions), as appli-
cable.
In case of conflict between any
of the FAR and DFARS provi-
sions listed herein and this
Agreement, the construction that
provides greater limitations 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 DATABASE is
©1984−2005 by Tele Atlas North
America, Inc. ALL RIGHTS RE-
SERVED. For purpose of any
public disclosure provision under
any federal, state or local law, it
is agreed that the DATABASE is
a trade secret and a proprietary
commercial product and not sub-
ject to disclosure.If you are an agency, depart-
ment, 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 Gov-
ernment, then you hereby agree
to protect the DATABASE from
public disclosure and to consider
the DATABASE exempt from any
statute, law, regulation, or code,
including any Sunshine Act, Pub-
lic Records Act, Freedom of In-
formation Act, or equivalent,
which permits public access and/
or reproduction or use of the Li-
censed Products. In the event
that such exemption is chal-
lenged under any such laws, this
Agreement shall be considered
breached and any and all right to
retain any copies or to use of the
DATABASE shall be terminated
and considered immediately null
and void. Any copies of the DA-
TABASE held by you shall imme-
diately be destroyed. If any
court of competent jurisdiction
considers this clause void and
unenforceable, in whole or in
part, for any reason, this Agree-
ment shall be considered termi-
nated and null and void, in its
entirety, and any and all copies
of the DATABASE shall immedi-
ately be destroyed.

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70
END USER NOTICE
PLEASE READ THIS NOTICE
CAREFULLY BEFORE USING
THIS NAVIGATION SYSTEM
The Point Of Interest Data
(“POI” Data) in the navigation
system is in part provided by
infoUSA Inc. (“infoUSA”). By
using the POI Data, you accept
and agree to all terms and con-
ditions set forth below.
1. OWNERSHIP
All rights, title and interest to the
infoUSA POI Data shall be re-
tained by infoUSA.
2. LIMITATIONS ON USE
Except to the extent explicitly
permitted by mandatory laws, you
may not extract or reutilize any
portion of the contents of the
POI Data, nor reproduce, copy,
modify, adapt, translate, disas-
semble, decompile, or reverse
engineer any portion of the POI
Data.3. TRANSFER
You may not transfer the POI
Data to third parties, except to-
gether with the system for which
it was created, provided that you
do not retain any copy of the
POI Data.
4. DISCLAIMER OF WARRANTY
EXCEPT AS STATED HEREIN,
INFOUSA MAKES NO EXPRESS
OR IMPLIED WARRANTIES, IN-
CLUDING, WITHOUT LIMITA-
TION, ANY EXPRESS OR IM-
PLIED WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE
OR WARRANTY OF MERCHANT-
ABILITY.
5. LIMITATION OF LIABILITY
EITHER INFOUSA OR SUPPLI-
ER OF POI DATA SHALL NOT
BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL OR INCIDEN-
TAL DAMAGES MADE OR AL-
LEGED IN CONNECTION WITH
YOUR USE OF THE POI DATA.