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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
confidential 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, publish-
ing, leasing, sublicensing or transferring the
Data to any third party.
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, ITS
LICENSORS, AND ITS LICENSED DISTRIBUTORS
AND SUPPLIERS (COLLECTIVELY, “SUPPLI-
ERS”) EXPRESSLY DISCLAIM ALL OTHER WAR-
RANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRAN-
TIES OF NON-INFRINGEMENT, MERCHANTABIL-
ITY, EFFECTIVENESS, COMPLETENESS,
ACCURACY, TITLE AND FITNESS FOR A PARTIC-
ULAR PURPOSE. TELE ATLAS, ITS LICENSORS
AND SUPPLIERS DO NOT WARRANT THAT THE
DATA WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION OF THE DATA WILL BE
UNINTERRUPTED OR ERROR FREE. NO ORAL
OR WRITTEN ADVICE GIVEN BY TELE ATLAS, ITS
LICENSORS, SUPPLIERS OR ANY OF THEIR
RESPECTIVE EMPLOYEES CREATES A WAR-
RANTY OR IN ANY WAY INCREASES TELE
ATLAS’, ITS LICENSORS OR SUPPLIERS LIABIL-
ITY AND YOU MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. THIS DISCLAIMER
IS AN ESSENTIAL CONDITION OF THIS AGREE-
MENT AND YOU ACCEPT THE DATA ON THIS
BASIS.
4.
Limitation of Liability.
IN NO EVENT SHALL TELE ATLAS’, ITS LICEN-
SORS’ OR SUPPLIER’ AGGREGATE LIABILITY
FOR ALL MATTERS ARISING OUT OF THE SUB-
JECT MATTER OF THIS AGREEMENT, WHETHER
IN CONTRACT, TORT OR OTHERWISE, EXCEED
THE AMOUNT PAID BY YOU FOR YOUR COPY OF
THE TELE ATLAS DATA. TELE ATLAS, ITS LICEN-
SORS AND SUPPLIERS SHALL NOT BE LIABLE
IN ANY MATTER TO YOU FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUP-
TION, LOSS OF BUSINESS INFORMATION, AND
THE LIKE) ARISING OUT OF THIS AGREEMENT
OR THE USE OF OR INABILITY TO USE THE
DATA, EVEN IF TELE ATLAS, ITS LICENSORS OR
SUPPLIERS HAVE BEEN ADVISED OF THE POS-
SIBILITY OF SUCH DAMAGES.
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