2017 TOYOTA PRIUS ESP

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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 ac companying 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 origi nal 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 prec eding paragraph, your license is conditioned on use of
the Data as prescribed in this agreement, and you ma y 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.
Warning: This Data may contain inaccurate or incomplete information due to the passage of time, changing
circum-stances, sources used and the nat ure 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 agre e 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, EXPR ESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGE MENT. 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 LICENS ORS (INCLUDING THEIR LI CENSORS 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, DEMA ND 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, CONT RACTS 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 CONTRA CT 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 exclusio ns or damages limitations, so to that extent the above
may not apply to you.

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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 approval s required under, applicable export laws, rules and
regulations, including but not limited to the laws, rules and re gulations 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, ru les or regulations prohibit HERE from complying with any
of its obligations hereunder to deliver or distribute Data, su ch failure shall be excused and shall not constitute a
breach of this Agreement.
Entire Agreement: These terms and conditions c onstitute 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.
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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 Pacific region) or The Netherlands (for Data for Europe, the Middle East and
Africa), without giving effect to (i) its conflict of laws pr ovisions, 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 Pacific 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 b ehalf of the United States government or any
other entity seeking or applying rights similar to those cu stomarily 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 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.
© 1987-2015 HERE. All rights reserved. *original publication date
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.
© 1987-2015 HERE. All rights reserved. *original publication date