Kenwood DNX690HD User Manual - Page 8

End-User License Agreements NAVTEQ 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. NAVTEQ North America LLC and/or its affiliates including Traffic.com ("NAVTEQ") holds the rights to the traffic event data ("Traffic Data") and, if you receive RDS/TMC, the RDS/TMC 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 NAVTEQ (and its 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 or the RDS/TMC networks, (b) your violation of this Agreement, and/or (c) any unauthorized or unlawful activities by you in connection herewith. The Traffic Data is informational only. You assume all risk of use. NAVTEQ (and its 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. NAVTEQ (and its 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 with the Garmin product. In addition, NAVTEQ (and its affiliates) and Garmin Ltd. (and its subsidiaries) make no warranty with regard to the reliability, 8 GPS Navigation Instruction Manual 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. NAVTEQ (and its 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 NAVTEQ (and its 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 NAVTEQ or Garmin have been advised of the possibility of such damages. Traffic. If you purchase "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 GPS) or as long as Garmin receives Traffic Data from its third party content supplier, whichever is shorter. 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. Governing Law. The above terms and conditions shall be governed by the laws of the State of Illinois, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the State of Illinois for any and all disputes, claims and actions arising from or in connection with the Traffic Data provided to you hereunder. Government End Users. If the Traffic Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, this Data is a "commercial item" as that term is defined