Kenwood DNX450TR User Manual - Page 12

Traffic End User License Agreement Your Garmin product may be equipped to receive traffic data. If it is so equipped, the following terms and conditions apply to your use of your Garmin product. HERE North America LLC and/or its affiliates including Traffic.com (formerly NavTeq Traffic) ("HERE") or another third party traffic provider ("TPTP") holds the rights to the traffic information ("Traffic Data"). If you receive RDS/TMC, DAB or HD RadioTM Traffic Data, HERE or the TPTP holds the rights to the RDS/TMC, DAB or HD Radio networks through which it is delivered to your Garmin product. By subscribing to, receiving or otherwise accessing the Traffic Data, you acknowledge that you have read this Agreement, that you understand it, that your agree to be bound by the terms and conditions of this Agreement, and that you are at least 18 years of age. If you do not agree to the terms and conditions of this Agreement, decline the subscription or, if the subscription is bundled as part of your Garmin product, return the product within 7 days for a full refund to the dealer from which you purchased the product. You agree to use the Traffic Data together with your Garmin product solely for personal, noncommercial purposes, and not for service bureau, time-sharing or other similar purposes. You may not modify, copy, scan, decompile, disassemble or reverse engineer any portion of the Traffic Data, or use any other method to reproduce, duplicate, republish, transmit, or distribute in any way any portion of the Traffic Data. You agree to indemnify, defend, and hold harmless either HERE or TPTP (and their respective affiliates) and Garmin Ltd. (and its subsidiaries) against any and all claims, damages, costs, or other expenses that arise directly or indirectly out of (a) your unauthorized use of the Traffic Data (b) the RDS/TMC, DAB or HD Radio networks, (c) your violation of this Agreement, and/ or (d) any unauthorized or unlawful activities by you in connection herewith. The Traffic Data is informational only. You assume all risk of use. HERE or TPTP (and their respective affiliates), Garmin Ltd. (and its subsidiaries), and their suppliers make no representations about content, traffic and road conditions, route usability, or speed. The Traffic Data is provided to you "as is," and you agree to use it at your own risk. HERE or TPTP (and their respective affiliates) and Garmin Ltd. (and its subsidiaries) make no warranty of fitness or compatibility of the Traffic Data with the Garmin product and no warranty that the Traffic Data will operate properly as integrated and interfaced 12 GPS Navigation Instruction Manual with the Garmin product. In addition, HERE or TPTP (and their respective affiliates) and Garmin Ltd. (and its subsidiaries) make no warranty with regard to the reliability, accuracy, exhaustiveness, and completeness of the Traffic Data, which may contain inaccuracies and/or errors from time to time. To the maximum extent permitted by applicable law, any and all warranties of any kind whatsoever with regard to the Traffic Data are hereby expressly waived and excluded, including, but not limited to, those of merchantability, fitness for a particular purpose, accuracy or completeness of the Traffic Data, and/or a lack of viruses. HERE or TPTP (and their respective affiliates), Garmin Ltd. (and its subsidiaries), and their suppliers disclaim all liability for any loss, injury, or damage resulting from use of or inability to use the Garmin product and the Traffic Data as a result of weather difficulties, the destruction of transmitters and/or broadcasting infrastructures, a natural disaster, and/or a lack of reliability, completeness, or accuracy of the Traffic Data. In no event shall HERE or TPTP (and their respective affiliates), Garmin Ltd. (and its subsidiaries), and their suppliers be liable to you or any other party for any compensatory, direct, indirect, incidental, special, or consequential damages (including, without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Garmin product or the Traffic Data, even if HERE or TPTP or Garmin have been advised of the possibility of such damages. Lifetime or Onetime Traffic. If you purchase or your Garmin product is pre-loaded with "lifetime" or "one-time" traffic, you will receive Traffic Data for the useful life of your Garmin traffic receiver (as long as you own a compatible Garmin product) or as long as Garmin receives Traffic Data from its third party content supplier, whichever is shorter. A traffic receiver's "useful life" means the period during which the receiver (a) has the required technical capabilities to utilize current traffic data service and (b) is capable of operating as intended without major repairs. Traffic Data is not available for all areas. Garmin may terminate your traffic subscription immediately if you violate any of the terms of this Agreement. Your traffic subscription may not be transferred to another person or another Garmin product. Traffic services are in part geographically restricted to the reception and transmission range of the radio transmitters in the case of broadcast RDSTMC, HD or DAB traffic, operated by the respective network operators or cellular carriers in the case of connected traffic over