Use of the TeleAtlas Products within the RCA Products is subject to the following terms and conditions:
Use of the TeleAtlas Products is limited to End User’s own internal business or personal use and not for resale, distribution, sublicense or commercial use.
The Licensed TeleAtlas Products are the confidential information of TeleAtlas.
End User are prohibited from disclosing of the Licensed TeleAtlas Products to third parties.
End User is expressly prohibit from unauthorized copying of the TeleAtlas Products or the removal or obscuring of any copyright, trademark notice, or restrictive legend of TeleAtlas.
Liability for Use of the TeleAtlas Products is limited as follows:
NEITHER TeleAtlas 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, TeleAtlas SHALL HAVE NO MONETARY LIABILITY TO THE UNDERSIGNED FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.
TeleAtlas disclaims all warranties as follows:
THE LICENSED TeleAtlas PRODUCTS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” AND TeleAtlas AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TeleAtlas OR ANY OF ITS AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.
End Users acknowledge that the use of the Licensed TeleAtlas Products with a non-TeleAtlas map may result in increased variance between the location displayed on the map and ground truth location.
End Users shall not provide display or allow access to the actual numerical latitude and longitude coordinates provided by TeleAtlas.
End User shall not use the TeleAtlas Products to create (or assist in the creation of) a digital map database. A “digital map database” means a database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable turn-by-turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges.
End User shall not use the TeleAtlas Products to provide competitive information about TeleAtlas or its products to third parties.
The TeleAtlas Products may not be used for in-flight navigation.
In the event that any End User is a government entity, the following shall apply:
U.S. 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 TeleAtlas Product, the construction that provides greater limitations on the Government’s rights shall control. Contractor/manufacturer is TeleAtlas North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Phone: 603.643. 0330. The Licensed TeleAtlas Products are © 2006-200_ by TeleAtlas. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed TeleAtlas Products are a trade secret and a proprietary commercial product and not subject to disclosure.
If End User is an agency, department, or other entity of any State government, the United States Government or any other public entity or funded in whole or in part by the United States Government, then End User hereby agrees to protect the Licensed TeleAtlas Products from public disclosure and to consider the Licensed TeleAtlas Products exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Licensed TeleAtlas Products. In the event that such exemption is challenged under any such laws, this EULA shall be considered breached and any and all right to retain any copies or to use of the Licensed TeleAtlas Products shall be terminated and considered immediately null and void. Any copies of the Licensed TeleAtlas Products held by Licensee shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this EULA shall be considered terminated and null and void, in its entirety, and any and all copies of the Licensed TeleAtlas Products shall immediately be destroyed.
A. TeleAtlas® MultiNet® data of the United Kingdom. End Users shall agree to the following:
- End User shall be prohibited from removing or obscuring any copyright, trademark or restrictive legend belonging to Ordnance Survey.
- disclaim all warranties of Ordnance Survey, whether express or implied, including but not limited to, the implied warranties of non-infringement, merchantability, completeness, accuracy, and fitness for a particular purpose. End User shall acknowledge that Ordnance Survey makes no warranty and gives no representation that the TeleAtlas® MultiNet® data of the United Kingdom is complete, accurate and/or up to date and it is an essential condition of the Terms of Use that End User accepts the TeleAtlas® MultiNet® data of the United Kingdom on that basis.
- Disclaim all liability of Ordnance Survey with respect to the TeleAtlas® MultiNet® data of the United Kingdom.
- Prohibit the use of the TeleAtlas® MultiNet® data of the United Kingdom in any printed, published form that results in Value Added Product to be distributed freely or sold to the public without the prior permission of Ordnance Survey.
- Indemnify Ordnance Survey from and against all claims, demands or actions, irrespective of the nature of the cause of the claim, demand or action alleging loss, costs, expenses, damages or injuries (including injuries resulting from death) arising out of the use of the TeleAtlas® MultiNet® data of the United Kingdom.
- 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 Licensed TeleAtlas Products they produce.
- End User is liable to Ordnance Survey in the event of discovery of breach of the aforementioned contractual terms.
B. TeleAtlas® MultiNet® data of Norway. End User is prohibited from using the TeleAtlas® MultiNet® data of Norway to create commercial general purpose printed or digital maps, which are similar to the basic national products of the Norwegian Mapping Authority.
September 30, 2010