END USER LICENSE AGREEMENT OF THE NAVTEQ DATABASE 225
Other
END USER LICENSE AGREEMENT OF THE NAVTEQ DATABASE
END-USER TERMS
The data (“Data”) is provided for your personal, internal use on\
ly and not for
resale. It is protected by copyright, and is subject to the following t\
erms and
conditions which are agreed to by you, on the one hand, and NAVTEQ North
America, LLC (“NT”) and its licensors (including their licensor\
s and suppliers) on
the other hand.
© 2012 NAVTEQ. All rights reserved.
This data includes information taken with permission from Canadian autho\
rities,
including © Her Majesty the Queen in Right of Canada, © Queen's Pr\
inter for
Ontario, © Canada Post Corporation, GeoBase.®, © The Department of Natural
Resources Canada. All rights reserved.
NAVTEQ holds a non-exclusive license from the United States Postal Service\
®
to publish and sell ZIP+4® information.
©United States Postal Service® 2012. Prices are not established, \
controlled or
approved by the United States Postal Service®. The following trademarks and
registrations are owned by the USPS: United States Postal Service, USPS\
, and
ZIP+4.
TERMS AND CONDITIONS
Personal Use Only.
You agree to use this Data for the solely personal, non-commercial purpos\
es for
which you were licensed, and not for service bureau, time-sharing or oth\
er 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 u\
se to
(i) view it, and (ii) save it, provided that you do not remove any c\
opyright 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 o\
nly be
transferred or sold as a complete set as provided by NT and not as a subset
thereof.
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 a\
ny
products, systems, or applications installed or otherwise connected to o\
r
in communication with vehicles, capable of vehicle navigation, positioni\
ng,
dispatch, real time route guidance, fleet management or similar applications;
or (b) with or in communication with any positioning devices or any mo\
bile or
wireless-connected electronic or computer devices, including without lim\
itation
cellular phones, palmtop and handheld computers, pagers, and personal di\
gital
assistants or PDAs.
Warning.
The Data may contain inaccurate or incomplete information due to the pas\
sage
of time, changing circumstances, sources used and the nature of collecti\
ng
comprehensive geographic data, any of which may lead to incorrect result\
s.
No Warranty.
This Data is provided to you “as is,” and you agree to use it at y\
our own risk.
NT and its licensors (and their licensors and suppliers) make no guarant\
ees,
representations or warranties of any kind, express or implied, arising b\
y 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 uninte\
rrupted or
error-free.
Continued on the next page
226 END USER LICENSE AGREEMENT OF THE NAVTEQ DATABASE
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 ex\
clusion
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 tha\
t extent the
above may not apply to you.
Export Control.
You agree not to export from anywhere any part of the Data provided to yo\
u or
any direct product thereof except in compliance with, and with all licen\
ses 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 pertain\
ing to the
subject matter hereof, and supersedes in their entirety any and all writ\
ten or oral
agreements previously existing between us with respect to such subject m\
atter.
Governing Law.
The above terms and conditions shall be governed by the laws of the Stat\
e 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, wh\
ich 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 connecti\
on with the
Data provided to you hereunder. Government End Users.
If the Data is being acquired by or on behalf of the United States gover\
nment 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 this End User
License Agreement, and each copy of the Data delivered or otherwise furnished
shall be marked and embedded as appropriate with the following “Notic\
e of Use,”
and shall be treated in accordance with such Notice:
NO TICE OF US E
CONTRACT OR (MANUF ACTURER/SUPPLIER) NAME: NA VTEQ
CONTRACT OR (MANUF ACTURER/SUPPLIER) ADDRESS: 425 West
Randolph St., Chicago, Illinois 60606
This Data is a commercial item as defined in F AR 2.101 and is subject to the End
User License Agreement under which this Data was provided.
© 2012 NA VTEQ - 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.