Pioneer CNDV 80MT Operation Manual - Page 5
the Great Britain Data and Northern Ire - free
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MAN-CNDV-80T-EN.fm Page 5 Wednesday, April 2, 2008 11:31 AM 4. Limitation of Liability. IN NO EVENT SHALL PIONEER, ITS LICENSORS' OR SUPPLIER' AGGREGATE LIABILITY FOR ALL MATTERS ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR YOUR COPY OF THE PIONEER DATA. PIONEER, ITS LICENSORS 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 INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE DATA, EVEN IF PIONEER, ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY 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 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. Additional Provisions with respect to the Great Britain Data and Northern Ire- land data only. a. You are prohibited from removing or obscuring of any copyright, trademark or restrictive legend belonging to Ordnance Survey. b. The Data may include the data of licensors, including Ordnance Survey. Such Data is provided on an "AS IS" AND "WITH ALL FAULTS BASIS" and the licensors EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGE-MENT, 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. ORDNANCE SURVEY DOES NOT WARRANT THAT THE DATA WILL MEET YOUR REQUIREMENTS, OR COMPLETE OR ACCURATE OR UP TO DATE OR ACCURATE OR THAT THE OPERATION OF THE DATA WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN ADVICE GIVEN BY ORDNANCE SURVEY, PIONEER OR ITS LICENSORS AND EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES ORDNANCE SURVEY'S LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. This is an essential condition of the Agreement and You accept the Data on that basis. c. IN NO EVENT SHALL ORDNANCE SURVEY 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. d. You are prohibited from using the Data in any printed, published form that results in derivative products to be distributed freely or sold to the public without the prior permission of Ordnance Survey. e. You shall indemnify and hold harmless Ordnance Survey 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 authorised or unauthorised use, possession, modification, or alteration of the Data. f. End User accepts the obligation to, on request, provide Ordnance Survey with information on what products and/or services containing and/or derived from the Licenced Products they produce. g. You are liable to Ordnance Survey in the event of discovery of breach of the aforementioned contractual terms. 8. Additional Provisions with respect to the Denmark Data only. You shall be prohibited from using the Data to create maps within telephone books, telephone books or other products similar to telephone books (e.g. directories), including such products in digital form. 9. Additional Provisions with respect to the Norway Data only. You shall be prohibited from using the Data to create general purpose printed or digital maps, which are similar to the basic national products of the Norwegian Mapping Authority. (Any derivative product of the Data of Norway shall be regarded as similar to the basic national products of the Norwegian Mapping Authority if such derivative product has a regional or national coverage, and at the same time has a content, scale and format that are similar to the basic national products of the Norwegian Mapping Authority.) 10. Additional Provisions with respect to the Poland Data only. You shall be prohibited from using the Data to create printed maps. 11. Miscellaneous. This is the exclusive and complete Agreement between the Licensors and you regarding its subject matter. Nothing in this Agreement shall create a joint venture, partnership or principal-agent relationship between the Licensors and you. Sections 2 - 4 and 6 11 shall survive the expiration or termination of this Agreement. This Agreement may be amended, altered, or modified only by PIONEER. You may not assign any part of this Agreement without PIONEER' prior written consent. You acknowledge and understand that the Data may be subject to restrictions on exportation and agree to comply with any applicable export laws. In the event that any provision or part of a provision of this Agreement is determined to be invalid, illegal, or unenforceable, such provision or part thereof shall be stricken from this Agreement and the remainder of this Agreement shall be valid, legal, and enforceable to the maximum extent possible. Any notice under this Agreement shall be delivered by courier to PIONEER, Attention Legal Department.