2010 MITSUBISHI LANCER EVOLUTION technical data

END-USER LICENSE AGREEMENT 10-20END-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 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
®.
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, 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. 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 these End-User Terms. Multi-disc
sets may not be transferred on a divided basis.
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, fl eet
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
and handheld computers, pagers, and personal digital assistants or PDAs.
Warning. The map 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 THE INFORMATION; 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 INFORMATION,
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 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 Illinois, without giving effect to (i) its confl ict 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 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,
(i) for acquisitions conducted by the Department of Defense, the Data
is licensed with “Limited Rights” in accordance with the rights set forth
at DFARS 252.227-7013(b)(3), TECHNICAL DATA-NONCOMMERCIAL
ITEMS, and Data delivered 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:
LIMITED RIGHTS
CONTRACTOR (MANUFACTURER/SUPPLIER) NAME:
NAVTEQ North America, LLC
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS:
222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654.
The Government's rights to use, modify, reproduce, release, perform, 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 identifi ed 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 acquisitions, the 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 Offi cer requires the delivery of limited
rights Data that has been withheld or would otherwise be withholdable
in accordance with FAR 52.227-14(g)(1), the Data is licensed with
“Limited Rights” as set forth in the following “Limited Rights Notice” at
FAR 52.227-14(g)(2) (Alternate II), which shall be affi xed to the Data and
the Data shall be treated in accordance with such Notice (which shall be
marked on any reproduction of these data, in whole or in part):
LIMITED RIGHTS NOTICE (JUNE 1987)
These data may be reproduced and used by the Government with the express limitation
that they will not, without written permission of the Contractor, be used for purposes of
manufacture 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 North America, LLC, 222 Merchandise
Mart Plaza, Suite 900, Chicago, Illinois 60654.If the Contracting Offi cer refuses to use either of the licenses provided in (i)
or (ii), herein, the Contracting Offi cer must notify NAVTEQ North America,
LLC prior to seeking additional or alternative rights in the Data.