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6 End-User Terms
The 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 VISTEON and its licensors (including
their licensors and suppliers) on the other hand.
© 2013HERE. All rights reserved.
The Data for areas of Canada includes information taken with permission from
Canadian authorities, including: © Her Majesty the Queen in Right of Canada, ©
Queen’s Printer for Ontario, © Canada Post Corporation, GeoBase
®, © Department
of Natural Resources Canada.
HERE holds a non-exclusive license from the United States Postal Service
® to
publish and sell ZIP+4® information.
©United States Postal Service
® 2013. 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.
The Data for Mexico includes certain data from Instituto Nacional de Estadística y
Geografía.
Terms and Conditions
Personal Use Only: You agree to use this Data together with VISTEON’s CMU 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 agree not to otherwise
reproduce, copy, modify, decompile, disassemble, create any derivative works of, 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.
Restrictions: Except where you have been specifically licensed to do so by
VISTEON, 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. VISTEON 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: VISTEON AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS
OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, And
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.
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Disclaimer of Liability: VISTEON 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 VISTEON 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: VISTEON 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 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 VISTEON (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 [“Netherlands” where European HERE Data is used], without
giving effect to (i) its conflict of law’s 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 [“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.
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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: 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.
© 2013 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.
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