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BY INSTALLING, COPYING OR USING ALL OR ANY PORTION OF THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Sygic a.s. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Sygic a.s. for the Sygic a.s. product known as Sygic Mobile Maps 10 ("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, however, return it to your place of purchase for a full refund.
You may have another written agreement directly with Sygic a.s. (e.g., a volume license agreement) that supplements or supersedes all or portions of this agreement.
Sygic a.s. grants you limited rights to use the Software Product (Sygic Mobile Maps 10) 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 a.s.. The Software Product is owned by Sygic a.s. 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 a.s.. THIS EULA DOES NOT GRANT YOU ANY RIGHTS IN CONNECTION WITH ANY TRADEMARKS OR SERVICE MARKS OF Sygic a.s..
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 a.s. 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.
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.
YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
MAP DATA COPYRIGHTS
© 2001 ů 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.ö
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
1.1 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.
1.2 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
2.1 You may only use the Whereis Data for your own personal use.
2.2 You may only install and use the Whereis Data on one device at any one time.
2.3 You must not copy, reverse engineer, adapt, modify, distribute or publish in any form the whole or any part of the Whereis Data.
2.4 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
3.1
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.
4 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.
5 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 (c), Sensis accepts its liability to you for breach of these terms and conditions or negligence under the principles applied by the courts.
(c) 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).
6 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.
7 CANCELLING THE LICENCE
7.1 Sensis may cancel the Licence immediately by giving you notice if you are in breach of these terms and conditions.
7.2 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.
7.3 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.
7.4 Any rights or remedies which existed before cancellation will continue to exist after cancellation.
8 GENERAL
8.1 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.
8.2 This Licence will be governed by the laws in force in Victoria.
8.3
A reference to a person in this Licence includes a reference to a firm, corporation or other corporate body.
NAVTEQ
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.
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.
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.
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.
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.
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 perfor-
mance 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.
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.
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.
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 © 2010
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