228   END USER LICENSE AGREEMENT OF THE HERE DATABASE
END USER LICENSE AGREEMENT OF THE HERE DATABASE
END-USER TERMS
The content provided (“Data”) is licensed, not sold. By opening this package, or 
installing, copying, or otherwise using the Data, you agree to be bound by the 
terms of this agreement. If you do not agree to the terms of this agreement, you 
are not permitted to install, copy, use, resell or transfer the Data. If you wish to 
reject the terms of this agreement, and have not installed, copied, or used the 
Data, you must contact your retailer or HERE North America, LLC (as defi ned 
below) within thirty (30) days of purchase for a refund of your purchase price. To 
contact HERE, please visit www.here.com.
The Data is provided for your personal, internal use only and may not be resold. 
It is protected by copyright, and is subject to the following terms (this “End ¬User 
License Agreement”) and conditions which are agreed to by you, on the one 
hand, and HERE and its licensors (including their licensors and suppliers) on the 
other hand. For purposes of these terms, “HERE” shall mean (a) HERE North 
America, LLC with respect to Data for the Americas and/or the Asia Pacifi c region 
and (b) HERE Europe B.V. for Data for Europe, the Middle East and/or Africa.
The Data includes certain information and related content provided under 
license to HERE from third parties and is subject to the applicable supplier 
terms and copyright notices set forth at the following URL:http://here.com/legal/
supplierterms/
TERMS AND CONDITIONS
License Limitations on Use: You agree that your license to use this Data is limited 
to and conditioned on use for solely personal, noncommercial purposes, and not 
for service bureau, timesharing or other similar purposes. Except as otherwise 
set forth herein, 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.
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. 
Specifi cally, Multidisc 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 specifi cally 
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, fl eet 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.
Warning: This 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. 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, fi tness 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 NONINFRINGEMENT. Some States, Territories 
and Countries do not allow certain warranty exclusions, so to that extent the 
above exclusion may not apply to you. 
         
        
        END USER LICENSE AGREEMENT OF THE HERE DATABASE
   229
Other  
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 DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM 
THE USE OR POSSESSION OF THIS DATA; 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 DATA, ANY DEFECT IN THIS 
DATA, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN 
AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF 
HERE 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 or 
any direct product thereof except in compliance with, and with all licenses and 
approvals required under, applicable export laws, rules and regulations, including 
but not limited to the laws, rules and regulations administered by the Offi ce of 
Foreign Assets Control of the U.S. Department of Commerce and the Bureau of 
Industry and Security of the U.S. Department of Commerce. To the extent that 
any such export laws, rules or regulations prohibit HERE from complying with 
any of its obligations hereunder to deliver or distribute Data, such failure shall be 
excused and shall not constitute a breach of this Agreement.
Entire Agreement: These terms and conditions constitute the entire agreement 
between HERE (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.
Severability: You and HERE agree that if any portion of this agreement is found 
illegal or unenforceable, that portion shall be severed and the remainder of the 
Agreement shall be given full force and effect.Governing Law: The above terms and conditions shall be governed by the laws 
of the State of Illinois (for Data for the Americas and/or the Asia Pacifi c region) or 
The Netherlands (for Data for Europe, the Middle East and Africa), 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. For 
any and all disputes, claims and actions arising from or in connection with the 
Data (“Claims”), you agree to submit to the personal jurisdiction of (a) the State of 
Illinois for Claims related to Data for the Americas and/or the Asia Pacifi c region 
provided to you hereunder, and (b) The Netherlands for Data for Europe, the 
Middle East and/or Africa 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 defi ned at 48 C.F.R. (“FAR”) 2.101, is licensed 
in accordance with this End User License Agreement, and each copy of Data 
delivered or otherwise furnished shall be marked and embedded as appropriate 
with the following “Notice of Use”, and be treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME:HERE
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: 425 West 
Randolph Street, Chicago, IL 60606.
This Data is a commercial item as defined in FAR 2.101 and is subject to the 
End¬ User License Agreement under which this Data was provided.
© 1987-2013 HERE. All rights reserved.
If the Contracting Offi cer, federal government agency, or any federal offi cial 
refuses to use the legend provided herein, the Contracting Offi cer, federal 
government agency, or any federal offi cial must notify HERE prior to seeking 
additional or alternative rights in the Data.
© 1987-2013 HERE. All rights reserved.