License Limitations on Transfer:
Your limited license does not allow transfer
or resale of the Data, except on the condition
that you may transfer the Data and all
accompanying materials on a permanent
basis if: (a) you retain no copies of the Data;
(b) the recipient agrees to the terms of this
End-User License Agreement; and (c) you
transfer the Data in the exact same form as
you purchased it by physically transferring
the original media (e.g., the CD-ROM or DVD
you purchased), all original packaging, all
Manuals and other documentation.
Specifically, Multi-disc sets may only be
transferred or sold as a complete set as
provided to you and not as a subset thereof.
Additional License Limitations:
Except where you have been specifically
licensed to do so by HERE in a separate
written agreement, and without limiting the
preceding paragraph, your license is
conditioned on use of the Data as prescribed
in this agreement, and 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, including without
limitation, cellular phones, palmtop and
handheld computers, pagers, and personal
digital -assistants or PDAs.
Note:
This Data may contain inaccurate or
incomplete information due to the passage
of time, changing circum-stances, 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. HERE 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:
HERE 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:
HERE 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
443
MKC (TME), enUSA Appendices
