Route Safety: Do not follow the route
suggestions if doing so would result in an
unsafe or illegal maneuver, if you would be
placed in an unsafe situation, or if you
would be directed into an area that you
consider unsafe. The driver is ultimately
responsible for the safe operation of the
vehicle and therefore, must evaluate
whether it is safe to follow the suggested
directions.
Potential Map Inaccuracy:
Maps used
by this system may be inaccurate because
of changes in roads, traffic controls or
driving conditions. Always use good
judgment and common sense when
following the suggested routes.
Emergency Services:
Do not rely on any
navigation features included in the system
to route you to emergency services. Ask
local authorities or an emergency services
operator for these locations. Not all
emergency services such as police, fire
stations, hospitals and clinics are likely to
be contained in the map database for such
navigation features.
Telenav Software End User License
Agreement
Please read these terms and conditions
carefully before you use the Telenav
Software. Your use of the Telenav
Software indicates that you accept these
terms and conditions. If you do not accept
these terms and conditions, do not break
the seal of the package, launch, or
otherwise use the Telenav Software.
These terms and conditions represent the
agreement (“ Agreement”) between you
and Telenav, Inc. (“Telenav ”) with respect
to the Telenav Software (including
upgrades, modifications, or additions
thereto) (collectively “Telenav Software”).
All references herein to “you” and “your ”
means you, your employees, agents, and
contractors, and any other entity on whose
behalf you accept these terms and conditions, all of whom shall also be bound
by this Agreement. Additionally, all of your
account information, as well as other
payment and personal information
provided by you to Telenav (directly or
through the use of the Telenav Software,
is subject to Telenav
’s privacy policy
located at http://www.telenav.com.
Telenav may revise this Agreement and
the privacy policy at any time, with or
without notice to you. You agree to visit
http://www.telenav.com from time to time
to review the then current version of this
Agreement and of the privacy policy.
1. Safe and Lawful Use
You acknowledge that devoting attention
to the Telenav Software may pose a risk
of injury or death to you and others in
situations that otherwise require your
undivided attention, and you therefore
agree to comply with the following when
using the Telenav Software: (a) observe
all traffic laws and otherwise drive safely;
(b) use your own personal judgment while
driving. If you feel that a route suggested
by the Telenav Software instructs you to
perform an unsafe or illegal maneuver,
places you in an unsafe situation, or directs
you into an area that you consider to be
unsafe, do not follow such instructions; (c)
do not input destinations, or otherwise
manipulate the Telenav Software, unless
your vehicle is stationary and parked; (d)
do not use the Telenav Software for any
illegal, unauthorized, unintended, unsafe,
hazardous, or unlawful purposes, or in any
manner inconsistent with this Agreement;
(e) arrange all GPS and wireless devices
and cables necessary for use of the
Telenav Software in a secure manner in
your vehicle so that they will not interfere
with your driving and will not prevent the
operation of any safety device (such as an
airbag).
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You agree to indemnify and hold Telenav
harmless against all claims resulting from
any dangerous or otherwise inappropriate
use of the Telenav Software in any moving
vehicle, including as a result of your failure
to comply with the directions above.
2. Account Information
You agree: (a) when registering the
Telenav Software, to provide Telenav with
true, accurate, current, and complete
information about yourself, and (b) to
inform Telenav promptly of any changes
to such information, and to keep it true,
accurate, current and complete.
3. Software License
Subject to your compliance with the terms
of this Agreement, Telenav hereby grants
to you a personal, non-exclusive,
non-transferable license (except as
expressly permitted below in connection
with your permanent transfer of the
Telenav Software license), without the
right to sublicense, to use the Telenav
Software (in object code form only) in
order to access and use the Telenav
Software. This license shall terminate upon
any termination or expiration of this
Agreement. You agree that you will use the
Telenav Software only for your personal
business or leisure purposes, and not to
provide commercial navigation services to
other parties.
3.1 License Limitations
You agree not to do any of the following:
(a) reverse engineer, decompile,
disassemble, translate, modify, alter or
otherwise change the Telenav Software
or any part thereof; (b) attempt to derive
the source code, audio library or structure
of the Telenav Software without the prior
express written consent of Telenav; (c)
remove from the Telenav Software, or
alter, any of Telenav
’s or its suppliers’
trademarks, trade names, logos, patent or copyright notices, or other notices or
markings; (d) distribute, sublicense or
otherwise transfer the Telenav Software
to others, except as part of your permanent
transfer of the Telenav Software; or (e)
use the Telenav Software in any manner
that (i) infringes the intellectual property
or proprietary rights, rights of publicity or
privacy or other rights of any party, (ii)
violates any law, statute, ordinance or
regulation, including but not limited to laws
and regulations related to spamming,
privacy, consumer and child protection,
obscenity or defamation, or (iii) is harmful,
threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, or
otherwise objectionable; and (f) lease, rent
out, or otherwise permit unauthorized
access by third parties to the Telenav
Software without advanced written
permission of Telenav.
4. Disclaimers
To the fullest extent permissible pursuant
to applicable law, in no event will Telenav,
its licensors and suppliers, or agents or
employees of any of the foregoing, be
liable for any decision made or action
taken by you or anyone else in reliance on
the information provided by the Telenav
Software. Telenav also does not warrant
the accuracy of the map or other data used
for the Telenav Software. Such data may
not always reflect reality due to, among
other things, road closures, construction,
weather, new roads and other changing
conditions. You are responsible for the
entire risk arising out of your use of the
Telenav Software. For example but
without limitation, you agree not to rely on
the Telenav Software for critical navigation
in areas where the well-being or survival
of you or others is dependent on the
accuracy of navigation, as the maps or
functionality of the Telenav Software are
not intended to support such high risk
applications, especially in more remote
geographical areas.
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TELENAV EXPRESSLY DISCLAIMS AND
EXCLUDES ALL WARRANTIES IN
CONNECTION WITH THE TELENAV
SOFTWARE, WHETHER STATUTORY,
EXPRESS OR IMPLIED, INCLUDING ALL
WARRANTIES WHICH MAY ARISE FROM
COURSE OF DEALING, CUSTOM OR
TRADE AND INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY
RIGHTS WITH RESPECT TO THE TELENAV
SOFTWARE. Certain jurisdictions do not
permit the disclaimer of certain warranties,
so this limitation may not apply to you.
5. Limitation of Liability
TO THE EXTENT PERMITTED UNDER
APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL TELENAV OR
ITS LICENSORS AND SUPPLIERS BE
LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES (INCLUDING IN
EACH CASE, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE
THE EQUIPMENT OR ACCESS DATA,
LOSS OF DATA, LOSS OF BUSINESS,
LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO
USE THE TELENAV SOFTWARE, EVEN IF
TELENAV HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES
THAT YOU MIGHT INCUR FOR ANY
REASON WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL DAMAGES
REFERENCED HEREIN AND ALL DIRECT
OR GENERAL DAMAGES IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE), THE ENTIRE LIABILITY OF
TELENAV AND OF ALL OF TELENAV’
S
SUPPLIERS SHALL BE LIMITED TO THE
AMOUNT ACTUALLY PAID BY YOU FOR THE TELENAV SOFTWARE. SOME
STATES AND/OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO
YOU.
6. Arbitration and Governing Law
You agree that any dispute, claim or
controversy arising out of or relating to this
Agreement or the Telenav Software shall
be settled by independent arbitration
involving a neutral arbitrator and
administered by the American Arbitration
Association in the County of Santa Clara,
California. The arbitrator shall apply the
Commercial Arbitration Rules of the
American Arbitration Association, and the
judgment upon the award rendered by the
arbitrator may be entered by any court
having jurisdiction. Note that there is no
judge or jury in an arbitration proceeding
and the decision of the arbitrator shall be
binding upon both parties. You expressly
agree to waive your right to a jury trial.
This Agreement and performance
hereunder will be governed by and
construed in accordance with the laws of
the State of California, without giving
effect to its conflict of laws provisions. To
the extent judicial action is necessary in
connection with the binding arbitration,
both Telenav and you agree to submit to
the exclusive jurisdiction of the courts of
the County of Santa Clara, California. The
United Nations Convention on Contracts
for the International Sale of Goods shall
not apply.
7. Assignment
You may not resell, assign, or transfer this
Agreement or any of your rights or
obligations, except in totality, in connection
with your permanent transfer of the
Telenav Software, and expressly
conditioned upon the new user of the
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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. Telenav
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:
TELENAV 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:
TELENAV 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 TELENAV 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 shall not 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 Office 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
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Tourneo Connect/Transit Connect (CHC) Canada/United States of America, enUSA, First Printing Appendices
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 Telenav (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
[insert
“Netherlands” where European
HERE Data is used], 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 [insert “The Netherlands”
where European HERE Data is used] 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: HERE
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS: c/o Nokia, 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.
© 1987 – 2014 HERE – 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 HERE prior to seeking
additional or alternative rights in the Data. I. US/Canada Territory A. United States Data. The End-User
Terms for any Application containing
Data for the United States shall contain
the following notices: “HERE holds a non-exclusive license
from the United States Postal
Service® to publish and sell ZIP+4®
information. ”
“©United States Postal Service®
20XX. 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. ”
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Tourneo Connect/Transit Connect (CHC) Canada/United States of America, enUSA, First Printing Appendices
A. Third Party Notices. Any and all copies
of the Data and/or packaging relating
thereto shall include the respective Third
Party Notices set forth below and used
as described below corresponding to
the Territory (or portion thereof)
included in such copy:
Notice
Country
“© Royal Jordanian
Geographic Centre ”. The
foregoing notice require-
ment for Jordan Data is a
material term of the Agree-
ment. If Client or any of its
Jordan
permitted sublicensees (if
any) fail to meet such
requirement, HERE shall
have the right to terminate
Client’s license with respect
to the Jordan Data.
B. Jordan Data. Client and its permitted
sublicensees (if any) are restricted from
licensing and/or otherwise distributing
HERE’ s database for the country of
Jordan (“ Jordan Data ”) for use in Enter-
prise Applications to (i) non-Jordanian
entities for use of the Jordan Data solely
in Jordan or (ii) Jordan-based customers.
In addition, Client, its permitted subli-
censees (if any) and End-Users are
restricted from using the Jordan Data in
Enterprise Applications if such party is
(i) a non-Jordanian entity using the
Jordan Data solely in Jordan or (ii) a
Jordan-based customer. For purposes
of the foregoing, “Enterprise Applica-
tions” shall mean Geomarketing applic-
ations, GIS applications, mobile business
asset management applications, call
center applications, telematics applica-
tions, public organization Internet
applications or for providing geocoding
services. V. Europe Territory
A. Use of Certain Traffic Codes in Europe 1. General Restrictions Applicable to
Traffic Codes. Client acknowledges
and agrees that in certain countries of
the Europe Territory, Client will need
to obtain rights directly from third
party RDS-TMC code providers to
receive and use the Traffic Codes in
the Data and to deliver to End-Users
Transactions in any way derived from
or based on such Traffic Codes. For
such countries, HERE shall deliver the
Data incorporating Traffic Codes to
Client only after receiving certification
from Client of its having obtained such
rights.
2. Display of Third Party Rights
Legends for Belgium. Client shall, for
each Transaction that uses Traffic
Codes for Belgium, provide the
following notice to the End-User:
“Traffic Codes for Belgium are
provided by the Ministerie van de
Vlaamse Gemeenschap and the
Ministèrie de l ’Equipement et des
Transports. ”
B. Paper Maps. With respect to any
license granted to Client relating to
making, selling or distributing paper
maps (i.e., a map fixed on a paper or
paper-like medium): (a) such license
with respect to Data for the Territory of
Great Britain is conditioned on Client’ s
entering into and complying with a
separate written agreement with the
Ordnance Survey (“OS ”) to create and
sell paper maps, Client’ s paying to the
OS any and all applicable paper map
royalties, and Client’ s complying with
the OS copyright notice requirements;
(b) such license for selling or otherwise
distributing for charge with respect to
Data for the Territory of Czech Republic
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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. You agree to cease
using this Data if you fail to comply with
these terms and conditions.
Limited Warranty
NAV2 warrants that (a) the Data will
perform substantially in accordance with
the accompanying written materials for a
period of ninety (90) days from the date
of receipt, and (b) any support services
provided by NAV2 shall be substantially as
described in applicable written materials
provided to you by NAV2, and NAV2’
s
support engineers will make commercially
reasonable efforts to solve any problem
issues.
rigCustomer Remedies
NAV2 and its suppliers’ entire liability and
your exclusive remedy shall be, at NAV2’ s
sole discretion, either (a) return of the price
paid, if any, or (b) repair or replacement of
the Data that do not meet NAV2’ s Limited
Warranty and that are returned to NAV2
with a copy of your receipt. This Limited
Warranty is void if failure of the Data has
resulted from accident, abuse, or
misapplication. Any replacement Data will
be warranted for the remainder of the
original warranty period or thirty (30) days,
whichever is longer. Neither these remedies
nor any product support services offered
by NAV2 are available without proof of
purchase from an authorized international
source. No Other Warranty:
EXCEPT FOR THE LMITED WARRANTY
SET FORTH ABOVE AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NAV2
AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OWNERSHIP OR
NON-INFRINGEMENT. Certain warranty
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
Limited Liability:
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NAV2 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 INFROMATION, OR
THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF NAV2 OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. UNDER
NO CIRCUMSTANCES SHALL NAV2’
s OR
ITS SUPPLIERS ’ LIABILITY HEREUNDER
EXCEED THE PRICE PAID. Certain liability
exclusions may not be permitted under
applicable law, so to that extent the above
exclusion may not apply to you.
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Export Control
You agree not to export to 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.
IP Protection
The Data are owned by NAV2 or its
suppliers and are protected by applicable
copyright and other intellectual property
law and treaties. The Data are provided
solely on the basis of a license to use, not
sale.
Entire Agreement
These terms and conditions constitute the
entire agreement between NAV2(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 People
’s
Republic of China, 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. Any dispute arising
from or in connection with the Data
provided to you hereunder shall be
submitted to the Shanghai International
Economic and Trade Arbitration
Commission for arbitration. Gracenote® Copyright
CD and music-related data from
Gracenote, Inc., copyright© 2000-2007
Gracenote. Gracenote Software, copyright
© 2000-2007 Gracenote. This product and
service may practice one or more of the
following U.S. Patents #5,987,525,
#6,061,680, #6,154,773, #6,161,132,
#6,230,192, #6,230,207, #6.240,459,
#6,330,593 and other patents issued or
pending. Some services supplied under
license from Open Globe, Inc. for U.S.
Patent: #6,304,523.
Gracenote and CDDB are registered
trademarks of Gracenote. The Gracenote
logo and logotype, and the "Powered by
Gracenote
™" logo are trademarks of
Gracenote.
Gracenote® End User License Agreement
(EULA)
This device contains software from
Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608
("Gracenote").
The software from Gracenote (the
"Gracenote Software") enables this device
to do disc and music file identification and
obtain music-related information, including
name, artist, track, and title information
("Gracenote Data") from online servers
("Gracenote Servers"), and to perform
other functions. You may use Gracenote
Data only by means of the intended End
User functions of this device.
This device may contain content belonging
to Gracenote's providers. If so, all of the
restrictions set forth herein with respect to
Gracenote Data shall also apply to such
content and such content providers shall
be entitled to all of the benefits and
protections set forth herein that are
available to Gracenote.
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Tourneo Connect/Transit Connect (CHC) Canada/United States of America, enUSA, First Printing Appendices