9
Terms and Conditions for the
Tele Atlas Data
THIS IS A LEGAL AGREEMENT (THE “AGREE-
MENT”) BETWEEN YOU, THE END USER, AND
TELE ATLAS NORTH AMERICA, INC. (“Tele
Atlas”). BY USING YOUR COPY OF THE TELE
ATLAS DATA, YOU AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
1. Grant of License.
Tele Atlas grants you a non-transferable, non-
exclusive license to use the map data and busi-
ness points of interest information (the “POIs”),
(together, the “Data”) contained on these discs,
solely for personal, non-commercial use and not
to operate a service bureau or for any other use
involving the processing of data of other persons
or entities. You may make one (1) copy of the
Data for archival or backup purposes only but you
may not otherwise copy, reproduce, modify, make
derivative works, derive the structure of or reverse
engineer the Data. The Data contains confiden-
tial and proprietary information and materials,
and may contain trade secrets, so you agree to
hold the Data in confidence and in trust and not
to disclose the Data or any portions in any form,
including by renting, leasing, publishing, leasing,
sublicensing or transferring the Data to any third
party. You are prohibited from removing or
obscuring any copyright, trademark notice or
restrictive legend.
2. Ownership.
The Data is copyrighted by Tele Atlas and its
licensors and they retain all ownership rights in
the Data. You agree not to alter, remove, obliter-
ate, or obscure any copyright notice or proprie-
tary legend contained in or on the Data.
3. Warranty Disclaimer.
THE DATA IS PROVIDED ON AN “AS IS” AND
“WITH ALL FAULTS BASIS” AND TELE ATLAS
AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUD-
ING BUT NOT LIMITED TO, THE IMPLIED WAR-
RANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, SATISFACTORY QUALITY,
ACCURACY, TITLE AND FITNESS FOR A PARTIC-
ULAR PURPOSE. NO ORAL OR WRITTEN
ADVICE OR INFORMATION PROVIDED BY TELE
ATLAS OR ANY OF ITS AGENTS, EMPLOYEES OR
THIRD PARTY PROVIDERS SHALL CREATE A
WARRANTY, AND YOU ARE NOT ENTITLED TO
RELY ON ANY SUCH ADVICE OR INFORMATION.
THIS DISCLAIMER OF WARRANTIES IS AN
ESSENTIAL CONDITION OF THE AGREEMENT.
4. Limitation of Liability.
TELE ATLAS SHALL NOT BE LIABLE TO YOU FOR
ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL,
INDIRECT OR EXEMPLARY DAMAGES ARISING
OUT OF THIS AGREEMENT, INCLUDING LOST
PROFITS OR COSTS OF COVER, LOSS OF USE
OR BUSINESS INTERRUPTION OR THE LIKE,
REGARDLESS OF WHETHER YOU WERE
ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, TELE ATLAS
SHALL HAVE NO MONETARY LIABILITY TO YOU
FOR ANY CAUSE (REGARDLESS OF THE FORM
OF ACTION) UNDER OR RELATING TO THIS
AGREEMENT.
5. Termination.
This Agreement will terminate immediately and
automatically, without notice, if you breach any
term of this Agreement. You agree that in the
event of termination of the Agreement, you shall
return the Data (including all documentation and
all copies) to Tele Atlas and its suppliers.
6. Indemnity.
You agree to indemnify, defend and hold Tele
Atlas, its Licensors, and its Suppliers (including
their respective licensors, suppliers, assignees,
subsidiaries, affiliated companies, and the
respective officers, directors, employees, share-
holders, agents and representatives) free and
harmless from and against any liability, loss,
injury (including injuries resulting in death),
demand, action, cost, expense, or claim of any
kind or character, including but not limited to
attorney's fees, arising out of or in connection
with any use or possession by you of the Data.
7. U.S. Government Rights.
If you are an agency, department, or other entity
of the United States Government, or funded in
whole or in part by the United States Govern-
ment, then use, duplication, reproduction,
release, modification, disclosure or transfer of
this commercial product and accompanying doc-
umentation, is restricted in accordance with the
CRB2297A_U_English.book Page 9 Friday, January 5, 2007 2:51 PM
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