Pioneer CNDV-1000HD Operation Manual - Page 3

License agreement 6 MISCELLANEOUS This is the entire Agreement between Pioneer and you regarding its subject matter. No change in this Agreement shall be effective unless agreed to in writing by Pioneer. Pioneer retailers do not have the authority to change this Agreement. This Agreement shall be governed by and construed in accordance with the internal laws of the Province of Ontario and the federal laws of Canada applicable therein. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. TERMS AND CONDITIONS FOR THE TELE ATLAS DATA End User Licensing Terms THIS IS A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU, THE END USER, AND PIONEER and its licensors of Data product (sometimes collectively "Licensors"). BY USING YOUR COPY OF THE LICENSED DATA, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. 1 Grant of License. Licensors grant you a non-transferable, nonexclusive license to use the map data and business points of interest information (the "POIs"), owned by Tele Atlas, (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 is restricted for use with the PIONEER Product(s). 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, publishing, leasing, sublicensing or transferring the Data to any third party. You are explicitly prohibited from downloading the digital maps and programmes contained in the Data or from transferring these to another data carrier or computer. You are prohibited from removing or obscuring any copy right, trademark notice or restricted legend. 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, obliterate, or obscure any copyright notice or proprietary legend contained in or on the Data. 3 Limitation of Liability. NEITHER TELE ATLAS NOR ITS SUPPLIERS SHALL BE LIABLE TO THE UNDERSIGNED FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TELE ATLAS SHALL HAVE NO MONETARY LIABILITY TO THE UNDERSIGNED FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT. 4 Warranty Disclaimer. THE DATA IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS BASIS" AND PIONEER, ITS LICENSORS, AND ITS LICENSED DISTRIBUTORS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, EFFECTIVENESS, 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, SUPPLIERS OR ANY OF THEIR RESPECTIVE EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES PIONEER', ITS LICENSORS OR SUPPLIERS LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS DISCLAIMER IS AN ESSENTIAL CONDITION OF THIS AGREEMENT AND YOU ACCEPT THE DATA ON THIS BASIS. 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 PIONEER and its suppliers. 6 Indemnity. You agree to indemnify, defend and hold PIONEER, its Licensors, and its suppliers (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives) free and 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 US. GOVERNMENT RIGHTS. If End User is 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 the LIMITED or RESTRICTED rights as described in any applicable DFARS or FAR. In case of conflict between any of the FAR and/or DFARS that may apply to the Licensed Tele Atlas Product, the construction that provides greater limitations on the Government's rights shall control. Contractor/ manufacturer is Tele Atlas North America, Inc., 11 Lafayette Street, Lebanon, NH 037661445. Phone: 603.643. 0330. The Licensed Tele Atlas Products are © 2006-2009 by Tele Atlas. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed Tele Atlas Products are a trade secret and a proprietary commercial product and not subject to disclosure. 8 Additional provisions for Tele Atlas® Premium Points of Interest (the "POIs"). With respect to the POI Licensed Tele Atlas Products: (The following provisions only refer to the products which contain Tele Atlas® Premium Points of Interest.) End User specifically agrees that it shall not: (a) except as otherwise specifically set forth herein, license or otherwise provide the POI Licensed Tele Atlas Products to any third party for the purposes of resale, sublicensing, redistribution or for the purpose of compiling, enhancing, verifying, supplementing, adding to or deleting from any mailing list, geographic or trade directories, business directories, classified directories, classified advertising which is sold, rented, published, furnished or in any manner provided to a third party; (b) make the POI Licensed Tele Atlas Products available in an on-line environment unless properly secured and/or encrypted to prevent unauthorized access to the POI Licensed Tele Atlas Products; and (c) use the POI Licensed Tele Atlas Products, either in whole or in part, as a factor in (i) establishing an individual's eligibility for credit or insurance; (ii) connection with underwriting individual insurance; (iii) evaluating an individual for employment or promotions, reassignment or retention as an employee; (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority; or (v) for soliciting survivors of deceased persons. (d) create mailing or telemarketing lists unless authorized in this Agreement. (e) End User will house the POI Licensed Tele Atlas Products on the Internet behind firewalls and will implement a system of controls that will (i) protect the integrity of the POI Licensed Tele Atlas Products; (ii) control access to the POI Licensed Tele Atlas Products and (iii) prevent unauthorized usage or copying of the POI Licensed Tele Atlas Products. (f) End User shall display the POI Licensed Tele Atlas Product copyright notice at all times in conjunction with the Tele Atlas copyright notice. As of the Effective Date of this Agreement, the copyright notice for the POI Licensed Tele Atlas Product is: Data by Copyright C 2009 All Rights Reserved 9 Additional provisions for Tele Atlas® Brand Icon Licensed Tele Atlas Product (the "Brand Icon Licensed Tele Atlas Product"): (The following provisions only refer to the products which contain Tele Atlas® Brand Icon Licensed Tele Atlas Product.) a End User's use of the Brand Icon Licensed Tele Atlas Product and any portion thereof, is limited to use solely for the purpose of enhancing the value and/or use of the spatial vector data furnished or made by Tele Atlas. Notwithstanding anything to the contrary herein, or in any attachment or exhibit hereto, in no event shall End User use the Brand Icon Licensed Tele Atlas Product or any portion thereof in connection with or in conjunction with spatial street vector data furnished or made by a party other than Tele Atlas. End User may only use the icons, brand names, logos, trademarks or other features within (and not separate from) the map data. In addition, End User shall not modify or alter the color, shape, size, and orientation of the Brand Icon Licensed Tele Atlas Product as provided to End User without Tele Atlas's prior written approval. b Licensee agrees that the use of Brand Icon Licensed Tele Atlas Product subject to the terms and conditions set forth in this Agreement and that there may be additional third party terms, conditions and restrictions to which the use of the Brand Icon Licensed Tele Atlas Product will be subject provided to the End User from time to time by Licensee in the release notes applicable to the Value Added Product. c Should End User enter into any commercial arrangement for advertising, pay-for-placement, promotion or any similar paid brand marketing exposure with any owners (or their representatives) of any of the brand icons supplied with the Brand Icon Licensed Tele Atlas Product, Tele Atlas shall receive no less than twenty five percent (25%) of any revenues collected in the context of any such commercial arrangement, unless otherwise agreed-to in advance and in writing by both parties. 10 Additional Provisions with respect to Tele Atlas® 3D Landmarks Licensed Tele Atlas Product (the "3D Landmarks"): (The following provisions only refer to the products which contain Tele Atlas® 3D Landmarks Licensed Tele Atlas Product.) Licensee agrees to include as soon as practically possible, but no later than the first new release of the Value Added Product following Licensee's receipt of any 3D Landmarks, any copyright notices related to the display of such landmarks on every Value Added Product and in the "about box" of the Value Added Product. Notwithstanding the aforementioned, Tele Atlas has the right to decide, at its sole discretion, to remove specific 3D Landmarks in subsequent releases of the Licensed Tele Atlas Products. In such case, Licensee will remove those 3D Landmarks from the Value Added Product as soon as practically possible, but not later than the first new release of the Value Added Product following Licensee's receipt of the Update to the Licensed Tele Atlas Product. Tele Atlas shall not be held responsible for any possible damages, costs or expenses incurred by Licensee related to such removal of a 3D Landmark by Tele Atlas from the Licensed Tele Atlas Product or failure to remove a 3D Landmark by Licensee from the Value Added Product. 11 Copyright Notices. Licensee shall conspicuously display each applicable then current copyright notice for the Licensed Tele Atlas Products on the initial splash screen, in the code, on the storage medium, on the packaging, in the "Help/ About" section, in the operator's manual, and in any displayed or printed map image, for each Value Added Product that is based upon: