Eula

END USER LICENSE AGREEMENT

Licensor: © 2011 Sygic, a.s. All rights reserved.

BY INSTALLING, COPYING OR USING ALL OR ANY PORTION OF THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Sygic End-User License Agreement („EULA“) is a legal agreement between you (either an individual or a single entity) and Sygic for the Sygic product known as Sygic navigation („Software Product“). Use of third party materials or data may be subject to other terms and conditions. If you do not agree to terms of this EULA, do not install or use the Software Product.

You may have another written agreement directly with Sygic (e.g., a volume licence agreement) that supplements or supersedes all or portions of this agreement.

Sygic grants you limited rights to use the Software Product in binary executable form available to you after the installation. Title, ownership rights and intellectual property rights in and to the Software Product remain in Sygic. The Software Product is owned by Sygic or its suppliers and is protected by European Union copyright and patent laws and international treaty provisions.

THE SOFTWARE COPY IS LICENSED TO YOU, NOT SOLD TO YOU, AND YOU ARE NOT AN OWNER OF ANY COPY THEREOF.

You may install, use, access, display, run or otherwise interact with („Run“) one copy of the Software Product either on a single computer, handheld, Car PC, smart phone („Computer“) or on a single Secure Digital memory card. A license for the Software Product may NOT be shared or used concurrently on different Computers.

ALL RIGHTS NOT EXPLICITLY OR EXPRESSLY GRANTED IN THIS EULA ARE RESERVED BY SYGIC. THIS EULA DOES NOT GRANT YOU ANY RIGHTS IN CONNECTION WITH ANY TRADEMARKS OR SERVICE MARKS OF SYGIC. License for this Software Product is not for transfer, distribution, or disclosure to third parties or use for the benefit of third parties.

All title, and copyrights in and to the Software Product and to the content which may be accessed through use of it, the accompanying materials and any copies of the Software Product are owned by Sygic and its suppliers. You may not decompile, disassemble, modify, reverse assemble, reverse engineer or reduce the Software Product of any part thereof or create any derivative works based on the Software except to the extent such activity is expressly permitted by applicable law notwithstanding this limitation.

Support rules for Sygic a.s. product range („Software Product“) and subscriptions range („Subscription“):

  1. Sygic supports only official stable releases of operating systems and official firmware updates. Community-based firmware and its modifications can lead to unusable software that might require manufacturer repair. You use these modifications at your own risk.
  2. technical support is provided during a period of 6 months from the moment of purchase;
  3. use of the product as described in the User Manual is not limited by time restrictions according a purchased unlimited license.

In certain countries the use of flashpost / speedcamera information might be in conflict with the law and/or regulations. By using such information user agrees to indemnify Sygic and its 3rd party suppliers of any claims related to such flashpost/spe­edcamera information. Usage is at own risk.

MAP DATA COPYRIGHTS

© 2001 – 2010 Tele Atlas. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to Tele Atlas. Tele Atlas is an authorized distributor of selected Statistics Canada computer files under Agreement number 6776 and is an authorized distributor of selected Geomatics Canada computer files. The product includes information copied with permission from Canadian authorities, including © Canada Post Corporation. The use of this material is subject to the terms of a License Agreement. You will be held liable for any unauthorized copying or disclosure of this material. Data Source © 2010 Tele Atlas
© BEV, GZ 1368/2010 (Austria)
© DAV (Denmark)
© IGN France; Michelin data © Michelin 2010 (France)
© Ordnance Survey of Northern Ireland (Northern Ireland)
© Norwegian Mapping Authority, Public Roads Administration
© Mapsolutions (Norway)
© Swisstopo (Switzerland)
Topografische ondergrond Copyright © dienst voor het kadaster en de openbare registers, Apeldoorn 2010 (The Netherlands)
© Roskartographia (Russia)
© INCREMENT P CORP. Tele Atlas NV 2010. All rights reserved.

Telstra / Whereis

IMPORTANT
To protect your own interests, please read these terms and conditions carefully before you commence using this software application or device containing WhereisTM mapping data (“Whereis Data”). Your licence from Sensis to use the Whereis Data (“Licence”) starts when described below and will be subject to the terms and conditions set out below. If you do not agree to these terms and conditions, return this software application or device to your place of purchase.

  1. GRANT OF LICENCE

    1. Telstra Corporation Limited (ABN 33 051 775 556) (“Telstra”) through its agent Sensis Pty Ltd (ABN 30 007 423 912) („Sensis“) grants you a non-exclusive, non-transferable licence (with no right to sub-licence) to use the Whereis Data contained in this software application or device on the terms and conditions contained in this Licence.

    2. The Licence commences when you click on the “I Agree” button at the end of these terms and continues until the Licence ends in accordance with the terms and conditions set out below.

  2. RIGHTS OF USE

    1. You may only use the Whereis Data for your own personal use.

    2. You may only install and use the Whereis Data on one device at any one time.

    3. You must not copy, reverse engineer, adapt, modify, distribute or publish in any form the whole or any part of the Whereis Data.

    4. You must:

    • (a) use reasonable steps to prevent any of the events in 2.3 above occurring or any unauthorised copying or use of the Whereis Data; and

    • (b) immediately notify Sensis if you become aware of any of the events or activities described in (a) occurring or of any other infringement of Sensis’ rights in relation to the Whereis Data.

  3. PROPERTY AND OWNERSHIP

  4. All intellectual property rights (including copyright and any trade marks used by Sensis and Telstra) in and to the Whereis Data are the sole and exclusive property of Sensis (or its licensors). Except for the rights granted to you in this Licence, you will not acquire any intellectual property or other rights in or to the Whereis Data or any part of the Whereis Data. The Whereis Data incorporates data which is © Commonwealth of Australia (Geoscience Australia) 2004. (This data has been used with the permission of Geoscience Australia. Geoscience Australia has not evaluated this data as altered and incorporated within this device and therefore gives no warranty regarding its accuracy, completeness, currency or suitability for any particular purpose). Melbourne data includes information sourced from the Department of Treasury and Finance, Geographic Data Victoria.

  5. Sensis will use reasonable care and skill in providing the Whereis Data and will provide the Whereis Data to you in accordance with this Licence. However, given the nature of navigation systems (including the possibility that a change in traffic conditions could affect the accuracy of the Whereis Data) and the fact that Sensis must obtain some of the Whereis Data from other sources, Sensis cannot promise that the Whereis Data will be error free, complete or up to date.

  6. SENSIS’ LIABILITY TO YOU

    • (a) The terms and conditions that apply to the supply and use of the Whereis Data are those that are expressly set out in this Licence and those implied by consumer protection laws to the supply and use of the Whereis Data that are unable to be excluded. No other terms apply.

    • (b) Subject to ©, Sensis accepts its liability to you for breach of these terms and conditions or negligence under the principles applied by the courts.

    • © This Whereis Data is provided to you for the primary purpose of personal, domestic or household use, so Sensis does not accept liability to you for losses that result from the use of the Whereis Data in connection with the conduct of a business. However, Sensis will accept that liability if it cannot be excluded under any legislation. To the extent permitted by law, Sensis is also not liable for any loss to the extent that it is caused by you, for example, through your negligence or breach of these terms and conditions.

    • (d) To the extent permitted by law, Sensis is not liable for failing to comply with the terms and conditions applying to the Whereis Data where that failure is caused by events outside Sensis’ reasonable control, such as abuse or misuse of the Whereis Data, damage to the Whereis Data caused by faults in equipment that is not owned by Sensis, any accident by you or a third party which damages the Whereis Data or any unusual hazards affecting the Whereis Data or the software application or device through which you access the Whereis Data (including but not limited to exposure to excessive humidity, heat, cold, dust, food or liquids).

  7. YOUR LIABILITY TO SENSIS

    • (a) Subject to (b), you are liable to Sensis for breach of these terms and conditions or negligence under the principles applied by the courts.

    • (b) You are not liable for any loss to the extent that it is caused by Sensis, for example, through Sensis’ negligence or breach of these terms and conditions.

  8. CANCELLING THE LICENCE

    1. Sensis may cancel the Licence immediately by giving you notice if you are in breach of these terms and conditions.

    2. Sensis may also cancel the Licence by giving you as much notice as is reasonably possible if:

      • (a) the law requires Sensis to do so; or

      • (b) providing the Licence becomes illegal or Sensis believes on reasonable grounds that it may become illegal.

    3. Your rights under this Licence will end as soon as this Licence is cancelled. Following cancellation, you will also need to return the Whereis Data and any copy of the Whereis Data to Sensis at your expense. If that is not reasonably practical you will need to either return the software application or device to your place of purchase or delete or destroy the Whereis Data. Sensis may give you directions as to which of these options Sensis requires in those circumstances. Sensis may ask for proof that the Whereis Data and any copies of it have been returned, deleted or destroyed.

    4. Any rights or remedies which existed before cancellation will continue to exist after cancellation.

  9. GENERAL

    1. A provision of, or a right under, this Licence may not be waived except in writing signed by the party that is waiving the provision or right.

    2. This Licence will be governed by the laws in force in Victoria.

    3. A reference to a person in this Licence includes a reference to a firm, corporation or other corporate body.

    NAVTEQ
    1. NOTICE TO THE USER THIS IS A LICENSE AGREEMENT – AND NOT AN AGREEMENT FOR SALE – BETWEEN YOU AND NAVTEQ B.V. FOR YOUR COPY OF THE NAVTEQ NAVIGABLE MAP DATA-BASE, INCLUDING ASSOCIATED COMPUTER SOFTWARE, MEDIA AND EXPLANATORY PRINTED DOCUMENTATION PUBLISHED BY NAVTEQ (JOINTLY ”THE DATABASE”). BY USING THE DATABASE, YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (”AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE DATABASE, ALONG WITH ALL OTHER ACCOMPANYING ITEMS, TO YOUR SUP-PLIER FOR A REFUND.
    2. OWNERSHIP The Database and the copyrights and intellectual property or neighboring rights therein are owned by NAVTEQ or its licensors. Ownership of the media on which the Database is contained is retained by NAVTEQ and/or your supplier until after you have paid in full any amounts due to NAVTEQ and/or your supplier pursuant to this Agreement or similar agreement(s) under which goods are provided to you.
    3. LICENSE GRANT NAVTEQ grants you a non-exclusive license to use the Database for your personal use or, if applicable, for use in your business’ internal operations. This license does not include the right to grant sub-licenses.
    4. LIMITATIONS ON USE The Database is restricted for use in the specific system for which it was created. Except to the extent explicitly permitted by mandatory laws (e.g. national laws based on the European Software Directive (91/250) and the Database Directive (96/9)), you may not extract or reutilize substantial parts of the contents of the Database nor reproduce, copy, modify, adapt, translate, disassemble, decompile, reverse engineer any portion of the Database. If you wish to obtain interoperability information as meant in (the national laws based on) the European Software Directive, you shall grant NAVTEQ reasonable opportunity to provide said information on reasonable terms, including costs, to be determined by NAVTEQ.
    5. TRANSFER OF LICENSE You may not transfer the Database to third parties, except when installed in the system for which it was created or when you do not retain any copy of the Database, and provided that the transferee agrees to all terms and conditions of this Agreement and confirms this in writing to NAVTEQ. Multi-disc sets may only be transferred or sold as a complete set as provided by NAVTEQ and not as subset thereof.
    6. LIMITED WARRANTY NAVTEQ warrants that, subject to the warnings set out below, for a period of 12 months after acquisition of your copy of the Database, it will perform substantially in accordance with NAVTEQ’s Criteria for Accuracy and Completeness existing on the date you acquired the Database; these criteria are available from NAVTEQ at your request. If the Database does not perform in accordance with this limited warranty, NAVTEQ will use reasonable efforts to repair or replace your non-conforming copy of the Database. If these efforts do not lead to performance of the Database in accordance with the warranties set out herein, you will have the option to either receive a reasonable refund of the price you paid for the Database or to rescind this Agreement. This shall be NAVTEQ’s entire liability and your sole remedy against NAVTEQ. Except as expressly provided in this section, NAVTEQ does not warrant nor make any representations regarding the use of results of the use of the Database in terms of its correctness, accuracy, reliability, or otherwise. NAVTEQ does not warrant that the Database is or will be error free. No oral or written information or advice provided by NAVTEQ, your supplier or any other person shall create a warranty or in any way increase the scope of the limited warranty described above. The limited warranty set forth in this Agreement does not affect or prejudice any statutory legal rights that you may have under the legal warranty against hidden defects. If you did not acquire the Database from NAVTEQ directly, you may have statutory rights against the person from whom you have acquired the Database in addition to the rights granted by NAVTEQ hereunder according to the law of your jurisdiction. The above warranty of NAVTEQ shall not affect such statutory rights and you may assert such rights in addition to the warranty rights granted herein.
    7. LIMITATION OF LIABILITY The price of the Database does not include any consideration for assumption of risk of consequential, indirect or unlimited direct damages which may arise in connection with your use of the Database. Accordingly, in no event shall NAVTEQ be liable for any consequential or indirect damages, including without limitation, loss of revenue, data, or use, incurred by you or any third party arising out of your use of the Database, whether in an action in contract or tort or based on a warranty, even if NAVTEQ has been advised of the possibility of such damages. In any event NAVTEQ’s liability for direct damages is limited to the price of your copy of the Database. THE LIMITED WARRANTY AND LIMITATION OF LIABILITY, SET FORTH IN THIS AGREE-MENT, DO NOT AFFECT OR PREJUDICE YOUR STATUTORY RIGHTS WHERE YOU HAVE ACQUIRED THE DATABASE OTHERWISE THAN IN THE COURSE OF A BUSINESS.
    8. WARNINGS The Database 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. The Database does not include or reflect information on – inter alia – neighborhood safety; law enforcement; emergency assistance; construction work; road or lane closures; vehicle or speed restrictions; road slope or grade; bridge height, weight or other limits; road or traffic conditions; special events; traffic congestion; or travel time.
    9. GOVERNING LAW This Agreement shall be governed by the laws of the jurisdiction, in which you reside at the date of acquisition of the Database. Should you at that moment reside outside the European Union or Switzerland, the law of the jurisdiction within the European Union or Switzerland where you acquired the Database shall apply. In all other cases, or if the jurisdiction where you acquired the Database cannot be defined, the laws of the Netherlands shall apply. The courts competent at your place of residence at the time you acquired the Database shall have jurisdiction over any dispute arising out of, or relating to this Agreement, without prejudice to NAVTEQ’ right to bring claims at your then current place of residence.
    MapmyIndia
    This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and CE INFO SYSTEMS PRIVATE LIMITED for the digital maps database and updates hereof that run navigation in associated hardware collectively the „MapmyIndia Maps“ or „Maps“). By installing or using the MapmyIndia Maps, you agree to be bound by the terms of this Agreement. Use of the Maps without acceptance of this Agreement is unauthorized and not permitted.
    1. License Grant CE INFO SYSTEMS PRIVATE LIMITED grants you a non-exclusive license to use your purchased copy of the MapmyIndia Maps for your own purposes of accessing the map database and navigation by running the associated hardware and not for service bureau time-sharing, or other similar purposes.
    2. Limitations On Use You are not permitted to copy, modify, decompile, disassemble, or reverse engineer any portion of the Maps.
    3. Indemnity You agree to indemnify, defend and hold free and harmless CE INFO SYSTEMS PRIVATE LIMITED, including its licensors, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents, authorized dealers or sales agents, and representatives of each of them from and against any liability, loss, injury, demand, cost, expense, or claim of any kind of character, including but not limited to attorney's fees, arising out of (a) any use or possession of the Maps, or (b) any breach of any warranties or representations made by you in this Agreement or of your obligations under this Agreement.
    4. Disclaimer of Warranty CE INFO SYSTEMS PVT LIMITED does not make any warranties or representations, either express or implied, with respect to the Maps, without limiting the foregoing, CE INFO SYSTEMS PVT. LIMITED expressly disclaims any implied warranties of quality, performance, merchantability, fitness for a particular purpose or non-infringement.
    5. Limitation of Liability CE INFO SYSTEMS PVT LIMITED shall not be held responsible for any actual, anticipated or speculative loss of profit or direct, indirect, incidental, special, or consequential damages, including, without limitation, loss of revenue, data, or use incurred by you or any third party arising out of your use or possession of the Maps, whether in an action in contract or tort or based on a warranty, even if CE INFO SYSTEMS PVT. LIMITED has been advised of the possibility of such damages.
    6. Warnings A Copies of the Maps reflect conditions as they existed at various points in time before your receipt of such copies. Accordingly, copies of the Maps may contain inaccurate or incomplete data or information due to inaccurate or incomplete source materials, the passage of time, road construction, changing conditions, and otherwise. B Neither the Maps nor the Software include, analyze, process, consider or reflect any of the following categories of information, i.e., neighborhood quality or safety; population density; availability or proximity of law enforcement, emergency, rescue, medical or other assistance; construction work, zones, or hazards; road and lane closures; various legal restrictions (such as vehicular type, weight, load, height and speed restrictions); road slope or grade; bridge height, width, weight or other limits; road, traffic or traffic facilities safety or conditions; weather conditions; pavement characteristics or conditions; special events; traffic congestion; or travel time. C Maps are strictly meant for use in India and you are not allowed to export Maps or its copies anywhere outside India.
    7. Transfer This Agreement, including all rights, obligations and representations may be transferred to another individual or single entity, provided the same transfer includes the simultaneous transfer of the associated hardware in which the Maps are installed, and further provided that such other individual or single entity accepts all the terms of this Agreement. In the event such individual or single entity to which the Software is transferred does not accept the terms of this agreement, then the License herein automatically terminates. Further use of the Maps is unauthorized and not permitted.
    8. Governing Law This Agreement shall be governed by the laws of India without giving effect to its conflict of laws provisions. CE Info Systems Pvt. Limited Copyright Notice – MapmyIndia Maps Copyright© 2010 CE Info Systems Pvt. Limited All rights reserved. This document and the maps described in it are furnished under license and may be used only in accordance with such license. www.mapmyindia.com
    Wcities © 2010Monotype Imaging By installing and using the Product, you agree to the following terms and conditions.
    1. The Product contains font software programs which generate human readable typeface designs (“Font Software”). You may not install or use the Font Software on any device except one on which you have installed a properly licensed copy of the Product.
    2. The Font Software is supplied to you for Internal Use only. “Internal Use,” as used herein, means use (i) in the course of your customary and ordinary internal business, or (ii) for your personal use. If used in the course of your customary and ordinary internal business, Internal Use shall mean use solely by your authorized agents and employees. If used for personal use, Internal Use shall mean use solely by individuals who reside with you in your household. All such agents, employees and household residents must agree to the terms and conditions of this EULA as a condition of using the Font Software. Internal Use shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.
    3. You may not convert the Font Software into a different format. You may not alter or modify the Font Software in any manner which results in the Font Software having different or enhanced functionality then when it was delivered to you as part of the Product.
    4. You may use an application program such as Adobe Acrobat to embed the Font Software into an electronic document. You may send such an electronic document to a third party only for the purpose of permitting the third party to view and print the electronic document. Font Software may not be embedded in any format which permits the recipient of an electronic document to install the Font Software or to use the Font Software for any purpose beyond merely viewing and printing the document. You may not embed Font Software into a Commercial Product. A “Commercial Product” is an electronic document which is distributed in exchange for a fee or other consideration. For example, you cannot embed Font Software into an electronic book or magazine which is offered to the public for a fee.
    5. Except for the print and view embedding permission granted in paragraph 4 above, you may not copy the Font Software, provided, however, you may make one copy of the Font Software for archival purposes only. The archival copy cannot be distributed and can be used only when you have permanently deleted the original or any copy of the Font Software on your device. You may not reverse engineer, decompile, or take any action which results in or designed to result in gaining access to the source code of the Font Software, except as permitted by law and then only for the purpose of achieving an interoperable program.
    6. The Font Software supplied with the Product is proprietary and is protected by U.S. and international copyright and trademark law. All rights not expressly set forth herein are reserved. A breach of this End User License Agreement may subject you to damages and injunctive relief under this Agreement as well as under applicable copyright and trademark law.
    7. YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF THE PRODUCT OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF THE PRODUCT AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of the Product and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of the Product, either (and at the sole option of the provider of the Product (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death so that such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
    8. This license shall remain in effect so long as you are in material compliance with all of its terms and conditions. If you breach any of the terms and conditions, this license is automatically terminated and you are obligated to destroy the original and all copies of the Font Software. In such event, upon the request of the provider of the Product or the suppliers of the Font Software, you shall provide written certification of such destruction.
    9. If you are acquiring Font Software on behalf of any unit or agency of the United States Government, the following provisions shall apply. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in the Rights in Technical Data and computer Software clause at FAR 252.227–7013, subdivision (b)(3)(ii) or subparagraph ©(1(ii), as appropriate. Further use, duplication or disclosure is subject to restrictions to restricted rights software as set forth in FAR 52.227–19©(2).
    Panoramio API Terms of Service By using the Panoramio API (the „Service“ or „API“), you („You“) accept and agree to be bound by the Google Terms of Service, the Terms of Service for Panoramio as well as these additional terms and conditions (the „Terms of Service“). It is important for You to read each of these three documents, as they form a legal agreement between You and Google regarding your use of the Service. Service
      1. Description of Service. The Service allows You to display certain content such as photographic imagery on your website, subject to the limitations and conditions described below. The information accessible through the Service, not limited to photographic imagery, is referred to in this document as „the Content.“ Subject to the limitations and conditions described in the terms of service, You may use the Service to display the Content in conjunction with other information You provide to end users. You may not access, reproduce, or use the Content for any other purpose. The Service may be used only for services that are generally accessible to consumers without charge. Accordingly, You may not use the Service for any purpose that requires a subscription or other restricted access, or for which a fee is charged.
      2. Content in the Service. Content in the Service includes photographic imagery. Your use of this Content is limited to displaying it to end users within the Service itself, and in the same manner, form, format, and appearance as it is provided by the Service. You may not, nor may you allow others to, copy, distribute, display, alter, or otherwise use the Content except as it is provided to you through the Service. Google reserves the sole right and discretion to determine whether your display of the Content through the Service is in conformance with this Section, and also reserves the right to terminate or suspend your access to the Content at any time for any reason, without notice. You should be aware that Content presented to you as part of the Service, including but not limited to advertisements in the Service and sponsored Content within the Service may be protected by intellectual property rights which are owned by the sponsors or advertisers or other third parties who provide that Content to Google (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement.
      3. Modifications. Google reserves the right to release subsequent versions of the Service and to require You to obtain and use the most recent version. Google may modify the Terms of Service at any time with or without notice, and You can review the most current version of the Terms of Service online at any time at http://www.panoramio.com/…a/terms.html. If a modification is unacceptable to You, You may cancel the Service by removing the API code from Your service. If You continue to use the Service, You will be deemed to have accepted the modifications.
      4. Appropriate Conduct and Prohibited Uses. You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content; upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights or have the permission of the owner to post such content; upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines. download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner; impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; restrict or inhibit any other user from using and enjoying Google services; use Google services for any illegal or unauthorized purpose; remove any copyright, trademark or other proprietary rights notices contained in or on Google services; interfere with or disrupt Google services or servers or networks connected to Google services, or disobey any requirements, procedures, policies or regulations of networks connected to Google services; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Google services or collect information about users for any unauthorized purpose; submit content that falsely expresses or implies that such content is sponsored or endorsed by Google; create user accounts by automated means or under false or fraudulent pretenses; promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity; publish people's private and confidential information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers; transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; use the Service in photo-sharing sites; use the Service in sites using map technology other than Google Maps; resell or redistribute the Service; download or store photographic images from the Service; or use the Service as a hosting service for image advertisements, graphics, or other similar services.
      5. API Queries. You may make up to 10,000 queries through the API per day. If you exceed this value within a 24-hour limit, the Service may stop working for you temporarily. If you attempt to circumvent this limit, your access to the Service may be blocked immediately. If you continue to abuse this limit, your access to the Service may be blocked permanently. Proprietary Rights.
      1. Google Rights. For purposes of the Terms of Service, „Intellectual Property Rights“ shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and Google, You acknowledge that Google or its licensors own all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Service.
      2. Brand Feature License. For purposes of the Terms of Service, „Brand Features“ shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Google hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Panoramio Brand Features for the purpose of promoting or advertising that You use the Service in accordance with this Section 2.2 and for the purpose of fulfilling Your obligations under Section 2.3 below. You hereby grant to Google a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service. In using Panoramio Brand Features, you may not: display a Panoramio Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Google, other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Google or Google personnel; use Panoramio Brand Features to disparage Google, its products or services; display a Panoramio Brand Feature on your site if it contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age; have the Panoramio logo as the largest logo on your website; display a Panoramio Brand Feature as the most prominent element on any page of your website; display a Panoramio Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Google; display a Panoramio Brand Feature on a site that violates any law or regulation; or remove, distort or alter any element of a Panoramio Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.). You understand and agree that Google has the sole discretion to determine whether your use of Panoramio Brand Features is in accordance with the above restrictions. Except as set forth in this Section 2.2, nothing in the Terms of Service shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of Panoramio Brand Features (including any goodwill associated therewith) shall inure to the benefit of Google. At no time during or after the Term shall You challenge or assist others to challenge the Panoramio Brand Features (except to the extent such restriction is prohibited by law) or the registration thereof by Google, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to Panoramio Brand Features.
      3. Attribution; Legal Notices. The photographic imagery provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Google and its partners. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not to remove, modify, obscure or alter, any link or notices appearing on any photographic image provided through the Service. The API provides photos in six possible versions: mini square, square, thumbnail, small, medium (default) and original. Each mini square-, square-, thumbnail- or small-size version of a photo must link to a medium or original sized version of the same photo. Each medium or original sized version must link to the photo page on the Panoramio.com domain (for example, http://www.panoramio.com/photo/532693). The link should be under the image itself. No more than 50 instances of photos can be displayed on one single webpage. Additionally, every time a medium or original photo is used, you must also show the Panoramio logo directly under or directly next to the photo, as well as display „author: name“, where „name“ is linked to the author's Panoramio photos homepage (for example, http://www.panoramio.com/user/1429589). You must also display the text „Photos provided by Panoramio are under the copyright of their owners“ under Panoramio Photos
      4. Digital Millennium Copyright Act. It is Google's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see http://www.google.com/dmca.html.
    Privacy Policy.
    1. Google's collection and use of personal information is governed by Google's Privacy Policy, available at http://www.google.com/privacy.html and the Panoramio Privacy Notice. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS. GOOGLE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOOGLE AND ITS LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM GOOGLE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. Termination.
    2. Termination. Google may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, the right to set, at Google's own discretion and at any time, a maximum number of photographic images or other Content you may access through the service without Google's prior written consent. In addition, either party may terminate the Terms of Service at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Google or otherwise disparages or devalues the Panoramio Brand Features or Google's reputation or goodwill. If You desire to terminate the Terms of Service, You must remove the Service from Your service.
    3. Rejection of Application. Google shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Service between You and Google. Google shall not be liable to You for damages of any sort resulting from its decision to reject such a request.
    4. Effect of Termination. Upon the termination of the Terms of Service for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all Content and Panoramio Brand Features. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Service in accordance with its terms.
    5. Survival. In the event of any termination or expiration of the Terms of Service for any reason, Sections 2.1, 4 and 5 shall survive termination.