MAN-CNDV-70T-EN.fm Page 4 Monday, June 4, 2007 1:55 PM
3. LIMITATION OF LIABILITYTele Atlas End User Licensing
IN NO EVENT SHALL PIONEER BE LIABLE FOR ANY DAMAGES,
CLAIM OR LOSS INCURRED BY YOU (INCLUDING, WITHOUT Terms
LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPE-
CIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST THIS IS A LEGAL AGREEMENT (THE ?AGREEMENT?) BETWEEN
PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVEST-YOU, THE END USER, AND PIONEER and its licensors of Data
MENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSI-product (sometimes collectively ?Licensors?). BY USING YOUR
NESS, LOSS OF ANY GOODWILL, OR DAMAGES) RESULTING COPY OF THE LICENCED DATA, YOU AGREE TO THE TERMS AND
FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN CONDITIONS OF THIS AGREEMENT.
IF PIONEER HAS BEEN INFORMED OF, KNEW OF, OR SHOULD
HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS 1. Grant of Licence.
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE Licensors grant you a non-transferable, nonexclusive licence to
AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF use the map data and business points of interest information (the
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIA-?POIs?), (together, the ?Data?) contained on these discs, solely for
BILITY, MISREPRESENTATION, AND OTHER TORTS. IF PIO-personal, non-commercial use and not to operate a service
NEER?S WARRANTY DISCLAIMER OR LIMITATION OF LIABILITY bureau or for any other use involving the processing of data of
SET FORTH IN THIS AGREEMENT SHALL OR FOR ANY REASON other persons or entities. You may make one (1) copy of the Data
WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE,for archival or backup purposes only but you may not otherwise
YOU AGREE THAT PIONEER?S LIABILITY SHALL NOT EXCEED copy, reproduce, modify, make derivative works, derive the struc-
FIFTY PERCENT (50%) OF THE PRICE PAID BY YOU FOR THE ture of or reverse engineer the Data. The Data is restricted for use
ENCLOSED PIONEER PRODUCT.with the PIONEER Product(s).The Data contains confidential and
Some countries do not allow the exclusion or limitation of inciden-proprietary information and materials, and may contain trade
tal or consequential damages, so the above limitation or exclusion secrets, so you agree to hold the Data in confidence and in trust
may not apply to you. This warranty disclaimer and limitation of and not to disclose the Data or any portions in any form, including
liability shall not be applicable to the extent that any provision of by renting, leasing, publishing, leasing, sublicensing or transfer-
this warranty is prohibited by any country or local law which can-ring the Data to any third party. You are explicitly prohibited from
not be preempted.downloading the digital maps and programmes contained in the
Data or from transferring these to another data carrier or compu-
4. EXPORT LAW ASSURANCESter. You are prohibited from using the POIs (i) to create mailing
lists or (ii) for other such similar uses.
You agree and certify that neither the Software nor any other tech-
nical data received from Pioneer, nor the direct product thereof,
will be exported outside the country or district (the ?Country?) gov-2. Ownership.
erned by the government having jurisdiction over you (the ?Gov-The Data is copyrighted by the Licensors and the Licensors retain
ernment?) except as authorised and as permitted by the laws and all ownership rights in the Data. You agree not to alter, remove,
regulations of the Government. If the Software has been rightfully obliterate, or obscure any copyright notice or proprietary legend
obtained by you outside of the Country, you agree that you will not contained in or on the Data. The current copyrights are as follows:
re-export the Software nor any other technical data received from
Pioneer, nor the direct product thereof, except as permitted by the Data Source ? 2007 Tele Atlas
laws and regulations of the Government and the laws and regula-? BEV, GZ 1368/2003
tions of the jurisdiction in which you obtained the Software.? DAV
? IGN France Michelin data ? Michelin 2007
5. TERMINATION? Ordnance Survey of Northern Ireland
This Agreement is effective until terminated. You may terminate it ? Norwegian Mapping Authority, Public Roads
at any time by destroying the Software. The Agreement also will Administration / ? Mapsolutions
? Swisstopo
terminate if you do not comply with any terms or conditions of this
Agreement. Upon such termination, you agree to destroy the Soft-Topografische ondergrond Copyright
ware.? dienst voor het kadaster en de openbare registers, Apeldoorn
2007
?This data has been approved by Turkish Military Forces by the
6. MISCELLANEOUSgiven authority from Councils of Ministers of Turkey?.
This is the entire Agreement between Pioneer and you regarding ? Roskartographia
its subject matter. No change in this Agreement shall be effective This product includes mapping data licenced from Ordnance Sur-
unless agreed to in writing by Pioneer. If any provision of this vey with the permission of the Controller of Her Majesty?s Station-
Agreement is declared invalid or unenforceable, the remaining ery Office.
provisions of this Agreement shall remain in full force and effect.? Crown copyright and/or database right 2007.
All rights reserved. Licence number 100026920.
3. Warranty Disclaimer.
THE DATA IS PROVIDED ON AN ?AS IS? AND ?WITH ALL FAULTS
BASIS? AND PIONEER, ITS LICENSORS, AND ITS LICENCED DIS-
TRIBUTORS AND SUPPLIERS (COLLECTIVELY, ?SUPPLIERS?)
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WAR-
RANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, EFFEC-
TIVENESS, COMPLETENESS, ACCURACY, TITLE AND FITNESS
FOR A PARTICULAR PURPOSE. PIONEER, 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 PIONEER, ITS LICENSORS, SUPPLI-
ERS OR ANY OF THEIR RESPECTIVE EMPLOYEES CREATES A
WARRANTY OR IN ANY WAY INCREASES PIONEER?, ITS LICEN-
SORS OR SUPPLIERS LIABILITY AND YOU MAY NOT RELY ON
ANY SUCH INFORMATION OR ADVICE. THIS DISCLAIMER IS AN |
ACEC
PIONEER
