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APPENDIX
376
DISCLAIMER OF WARRANTY
THE DATABASE IS PROVIDED ON
AN “AS IS” AND “WITH ALL FAULTS
BASIS” AND DENSO AND TANA
(AND THEIR LICENSORS AND
SUPPLIERS) EXPRESSLY
DISCLAIM ALL OTHER
WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED
WARRANTIES OF
NON−INFRINGEMENT,
MERCHANTABILITY,
SATISFACTORY QUALITY,
ACCURACY, TITLE AND FITNESS
FOR A PARTICULAR PURPOSE. NO
ORAL OR WRITTEN ADVICE OR
INFORMATION 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 INFORMATION. THIS
DISCLAIMER OF WARRANTIES IS
AN ESSENTIAL CONDITION OF
THIS AGREEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DENSO OR
TANA (OR THEIR LICENSORS OR
SUPPLIERS) BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL,
SPECIAL, INDIRECT OR
EXEMPLARY DAMAGES ARISING
OUT OF THIS AGREEMENT OR
YOUR USE OF THE DATABASE,
INCLUDING, 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
circumstances in existence before you
received the DATABASE, which may
contain errors and omissions.
Accordingly, the DATABASE 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, neighborhood safety; law
enforcement; emergency assistance;
construction 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 travel time.
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APPENDIX
377
U.S. GOVERNMENT RIGHTS
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 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 I,
II, and III (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 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 1984−2010 by
Tele Atlas North America, Inc. ALL
RIGHTS RESERVED. 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 subject to disclosure.If you are 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 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, 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 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 DATABASE 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, this
Agreement shall be considered
terminated and null and void, in its
entirety, and any and all copies of the
DATABASE shall immediately be
destroyed.
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Page 379 of 393

APPENDIX
378
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 Infogroup Inc.
(“Infogroup”). By using the POI
Data, you accept and agree to all
terms and conditions set forth
below.
1. Ownership
All rights, title and interest to the
Infogroup POI Data shall be retained
by Infogroup.
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, disassemble, decompile, or
reverse engineer any portion of the
POI Data.
3. Transfer
You may not transfer the POI Data to
third parties, except together 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,
INFOGROUP MAKES NO EXPRESS
OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION,
ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE OR
WARRANTY OF
MERCHANTABILITY.5. Limitation of Liability
EITHER INFOGROUP OR SUPPLIER
OF POI DATA SHALL NOT BE LIABLE
FOR ANY INDIRECT,
CONSEQUENTIAL OR INCIDENTAL
DAMAGES MADE OR ALLEGED IN
CONNECTION WITH YOUR USE OF
THE POI DATA.END USER LICENSE AGREEMENT
Personal Use Only. You agree to use
this information for solely personal,
non− commercial purposes, and not for
service bureau, time −sharing or other
similar purposes. You may not modify
the information or remove any
copyright notices that appear on the
information in any way. You may not
decompile, disassemble or reverse
engineer any portion of this
information, and may not transfer or
distribute it in any form, for any
purpose. Without limiting the
foregoing, you may not use this
information 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.
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APPENDIX
379
No Warranty. This information is
provided to you “as is,” and you agree
to use it at your own risk. DENSO and
its licensors (and their licensors and
suppliers, collectively “DENSO”) make
no guarantees, representations or
warranties of any kind, express or
implied, arising by law or otherwise,
including but not limited to, and
DENSO expressly disclaims any
warranties regarding content, quality,
accuracy, completeness,
effectiveness, reliability, fitness for a
particular purpose, non−infringement,
usefulness, use or results to be
obtained from this information, or that
the information or server will be
uninterrupted or error −free. 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: DENSO SHALL
NOT BE LIABLE TO YOU FOR ANY
CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF ITS NATURE,
ALLEGING ANY LOSS, INJURY OR
DAMAGES, WHETHER DIRECT,
INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES,
INCLUDING ANY LOSS OF PROFIT,
REVENUE OR CONTRACTS
ARISING OUT OF YOUR
POSSESSION, 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 DENSO 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.Indemnity. You agree to indemnify,
defend and hold DENSO and its
licensors (including their respective
licensors, suppliers, assignees,
subsidiaries, affiliated companies, and
the respective officers, directors,
employees, shareholders, agents and
representatives of each of them) free
and harmless from and against any
liability, loss, injury (including injuries
resulting in death), demand, action,
cost, expense, or claim of any kind or
character, including but not limited to
attorney’s fees, arising out of or in
connection with any use or possession
by you of this information.
END USER NOTICE
The marks of companies displayed by
this product to indicate business
locations are the marks of their
respective owners. The use of such
marks in this product does not imply
any sponsorship, approval, or
endorsement by such companies of
this product.
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APPENDIX
380
END−USER TERMS
The data (“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 DENSO
CORPORATION (“DENSO”) and its
licensors (including their licensors and
suppliers) on the other hand.
2010 NAVTEQ. All rights reserved.
NAVTEQ holds a non −exclusive
license from the United States Postal
Service Rto publish and sell ZIP+4 R
information.
United States Postal Service R2010.
Prices are not established, controlled
or approved by the United States
Postal Service R. The following
trademarks and registrations are
owned by the USPS: United States
Postal Service, USPS, and ZIP+4.TERMS ANDCONDITIONS
Personal Use Only.
You agree to use
this Data together with vehicle
navigation system 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.
Multi− disc sets may only be
transferred or sold as a complete set
as provided by DENSO and not as a
subset thereof.
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APPENDIX
381
Restrictions.Except where you have
been specifically licensed to do so by
DENSO, 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 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 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. DENSO 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:DENSO 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:
DENSO 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 DENSO 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.
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APPENDIX
382
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 DENSO (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 these
End− User Terms, and each copy of
Data delivered or otherwise furnished
shall be marked and embedded as
appropriate with the following “Notice
of Use,” and shall be treated in
accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: NAVTEQ
CONTRACTOR (MANUFACTURER/ SUPPLIER) ADDRESS:
425 West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as
defined in FAR 2.101 and is subject to these End −User Terms 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.
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APPENDIX
383
There are two types of areas available
for route guidance. In one type of area,
primarily around metropolitan centers,
detailed route guidance is available for
the entire area. In the other type of area,
all roads are displayed on the map but
route guidance is limited. The naviga-
tion route might lack precision because
the data (no right turns, one−way traf-
fic, etc.) is not complete. It is still pos-
sible to reach the destination by follow-
ing the arrow direction and distance as
shown on the bottom left of the screen.
The arrow points in the direction of the
destination. The distance shown is as
measured in a straight line from the cur-
rent vehicle position to the destination
area.
In order to provide you with as accurate
map information as possible, we are al-
ways gathering information such as on
road repairs and carrying out on −site in-
vestigations. However, the names of
roads, streets, facilities, and their locations
frequently change. In some places,
construction on roads may be in progress.
For that reason, information on some
areas in this system might be different from
the actual location.
The map database is normally updated
once a year. Contact your Lexus dealer for
information about the availability and pric-
ing of an update.DTo confirm the database version
and map coverage area
1. Push the “INFO/PHONE” button.
2. Touch “Map Data”.
Make sure the version of the database on
this screen.
To display the disc coverage area, touch
“Map Data Coverage” . Confirm the cov-
ered area on the screen.
Contact your Lexus dealer to find out if
there is a more recent update released.
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