Pioneer AVIC-D1 Owner's Manual - Page 7

5

Terms and Conditions for the

Tele Atlas Data

THIS IS A LEGAL AGREEMENT (THE “AGREE-

MENT”) BETWEEN YOU, THE END USER, AND

TELE ATLAS NORTH AMERICA, INC. (“Tele

Atlas”). BY USING YOUR COPY OF THE TELE

ATLAS DATA, YOU AGREE TO THE TERMS AND

CONDITIONS OF THIS AGREEMENT.

1.

Grant of License.

Tele Atlas grants you a non-transferable, non-

exclusive license to use the map data and busi-

ness points of interest information (the “POIs”),

(together, the “Data”) contained on these discs,

solely for personal, non-commercial use and not

to operate a service bureau or for any other use

involving the processing of data of other persons

or entities. You may make one (1) copy of the

Data for archival or backup purposes only but

you may not otherwise copy, reproduce, modify,

make derivative works, derive the structure of or

reverse engineer the Data. The Data contains

confidential and proprietary information and

materials, and may contain trade secrets, so you

agree to hold the Data in confidence and in trust

and not to disclose the Data or any portions in

any form, including by renting, leasing, publish-

ing, leasing, sublicensing or transferring the

Data to any third party. You are prohibited from

using the POIs (i) to create mailing lists or (ii) for

other such similar uses.

2.

Ownership.

The Data is copyrighted by Tele Atlas and its

licensors and they retain all ownership rights in

the Data. You agree not to alter, remove, obliter-

ate, or obscure any copyright notice or proprie-

tary legend contained in or on the Data.

3.

Warranty Disclaimer.

THE DATA IS PROVIDED ON AN “AS IS” AND

“WITH ALL FAULTS BASIS” AND TELE ATLAS, ITS

LICENSORS, AND ITS LICENSED DISTRIBUTORS

AND SUPPLIERS (COLLECTIVELY, “SUPPLI-

ERS”) EXPRESSLY DISCLAIM ALL OTHER WAR-

RANTIES, EXPRESS OR IMPLIED, INCLUDING

BUT NOT LIMITED TO, THE IMPLIED WARRAN-

TIES OF NON-INFRINGEMENT, MERCHANTABIL-

ITY, EFFECTIVENESS, COMPLETENESS,

ACCURACY, TITLE AND FITNESS FOR A PARTIC-

ULAR PURPOSE. TELE ATLAS, 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 TELE ATLAS, ITS

LICENSORS, SUPPLIERS OR ANY OF THEIR

RESPECTIVE EMPLOYEES CREATES A WAR-

RANTY OR IN ANY WAY INCREASES TELE

ATLAS’, ITS LICENSORS OR SUPPLIERS LIABIL-

ITY AND YOU MAY NOT RELY ON ANY SUCH

INFORMATION OR ADVICE. THIS DISCLAIMER

IS AN ESSENTIAL CONDITION OF THIS AGREE-

MENT AND YOU ACCEPT THE DATA ON THIS

BASIS.

4.

Limitation of Liability.

IN NO EVENT SHALL TELE ATLAS’, ITS LICEN-

SORS’ OR SUPPLIER’ AGGREGATE LIABILITY

FOR ALL MATTERS ARISING OUT OF THE SUB-

JECT MATTER OF THIS AGREEMENT, WHETHER

IN CONTRACT, TORT OR OTHERWISE, EXCEED

THE AMOUNT PAID BY YOU FOR YOUR COPY OF

THE TELE ATLAS DATA. TELE ATLAS, ITS LICEN-

SORS AND SUPPLIERS SHALL NOT BE LIABLE

IN ANY MATTER TO YOU FOR ANY SPECIAL,

INDIRECT, CONSEQUENTIAL OR INCIDENTAL

DAMAGES (INCLUDING DAMAGES FOR LOSS

OF BUSINESS PROFITS, BUSINESS INTERRUP-

TION, LOSS OF BUSINESS INFORMATION, AND

THE LIKE) ARISING OUT OF THIS AGREEMENT

OR THE USE OF OR INABILITY TO USE THE

DATA, EVEN IF TELE ATLAS, ITS LICENSORS OR

SUPPLIERS HAVE BEEN ADVISED OF THE POS-

SIBILITY OF SUCH DAMAGES.

5.

Termination.

This Agreement will terminate immediately and

automatically, without notice, if you breach any

term of this Agreement. You agree that in the

event of termination of the Agreement, you shall

return the Data (including all documentation and

all copies) to Tele Atlas and its suppliers.

6.

Indemnity.

You agree to indemnify, defend and hold Tele

Atlas, its Licensors, and its Suppliers (including

their respective licensors, suppliers, assignees,

subsidiaries, affiliated companies, and the

respective officers, directors, employees, share-

holders, agents and representatives) free and

Pioneer AVIC-D1 Owner's Manual - Page 7

Terms and Conditions for the, Tele Atlas Data

Page 7 highlights