Pioneer AVIC-D1 Owner's Manual - Page 8

harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of the Data. 7. U.S. Government Rights. If you are an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with FAR 12.212 and DFARS 227.7202, and by a license agreement. Contractor/manufacturer is Tele Atlas North America, Inc., 1605 Adams Drive, Menlo Park, CA 94025, (650) 328-3825. The Data is ©1984-2003 by Tele Atlas N.V. and Tele Atlas North America, Inc. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Data is a trade secret and a proprietary commercial product and not subject to disclosure. 8. Additional Provisions with respect to Canadian Data only. a. Warranty Disclaimer. The Data may include the data of licensors, including Her Majesty the Queen in Right of Canada. Such Data is provided on an "AS IS" AND "WITH ALL FAULTS BASIS" and the licensors, including HER MAJESTY THE QUEEN AND THE MINISTER OF NATURAL RESOURCES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, EFFECTIVENESS, COMPLETENESS, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DATA PRODUCT RESTS WITH YOU. HER MAJESTY THE QUEEN AND THE MINISTER OF NATURAL RESOURCES 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 HER MAJ- 6 ESTY THE QUEEN, THE MINISTER OF NATURAL RESOURCES, TELE ATLAS OR ITS LICENSORS AND EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES HER MAJESTY THE QUEEN AND THE MINISTER OF NATURAL RESOURCES LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. b. Disclaimer of Liability. IN NO EVENT SHALL THE LICENSORS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF CANADA, THE MINISTER OF NATURAL RESOURCES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES OR AGENTS (THE "LICENSORS"), BE LIABLE TO YOU FOR MATTERS ARISING OUT OF THE SUBJECT MATTER OF THE AGREEMENTS, WHETHER IN CONTRACT, TORT OR OTHERWISE. THE LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE DATA, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. c. Indemnification by You. You shall indemnify and hold harmless the licensors, including Her Majesty the Queen in Right of Canada, the Minister of Natural Resources and their respective officers, employees and agents, from and against any claim, demand or action, irrespective of the nature of the claim, demand or action alleging loss, costs, damages, expenses, or injury (including injury from death) resulting from your authorized or unauthorized use, possession, modification, or alteration of the Data. 9. Miscellaneous. This is the exclusive and complete Agreement between Tele Atlas and you regarding its subject matter. Nothing in this Agreement shall create a joint venture, partnership or principal-agent relationship between Tele Atlas and you. The internal laws of California shall govern this Agreement and you consent to the jurisdiction of the Northern District of California or the State of California for the County of Santa Clara. Sections 2 - 4 and 7