Garmin Clear Channel, Destia End User License Agreement

Clear Channel End User Subscriber
Agreement
Total Trafc Network, a division of Clear Channel Broadcasting, Inc., holds the rights to the trafc incident data and RDS-TMC network through which it is delivered. You may not modify, copy, scan, or use any other method to reproduce, duplicate, republish, transmit, or distribute in any way any portion of trafc incident data. The terms and conditions of this agreement shall apply to any subsequent user or acquirer of the device on which the trafc incident data appears. You may have to receive the Total Trafc Network trafc data. You agree to indemnify, defend, and hold harmless Inrix, Inc. and Clear Channel Broadcasting, Inc. (and its afliates) and Garmin International, Inc. (and its afliates) against any and all claims, damages, costs, or other expenses that arise directly or indirectly out of (a) your unauthorized use of the trafc incident data or the RDS-TMC network, (b) your violation of this directive and/or (c) any unauthorized or unlawful activities by you in connection herewith.
Total Trafc Network trafc data is informational only. User assumes all risk of use. Total Trafc makes no representations about content, trafc and road conditions, route usability, or speed.
You shall no longer have the right to use the Clear Channel trafc data if you are in material breach of any of the terms of this End User Subscriber Agreement.
THE LICENSED MATERIAL IS PROVIDED TO LICENSEE “AS IS,” AND “WHERE IS”. TOTAL TRAFFIC NETWORK, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL THIRD PARTY PROVIDERS OF ANY OF THE LICENSED MATERIAL, EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE LICENSED MATERIAL (INCLUDING, WITHOUT LIMITATION, THAT THE LICENSED MATERIAL WILL BE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION OR THAT THE TRAFFIC DATA WILL BE ACCURATE), EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
TOTAL TRAFFIC NETWORK WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES, ANTICIPATED REVENUES, OR PROFITS RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING DIRECTLY, OR INDIRECTLY TO USE OF THE TRAFFIC DATA, WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR STRICT LIABILITY).
© 2005–2008 Garmin Ltd. or its subsidiaries
1200 East 151st Street, Olathe, Kansas 66062, USA
Liberty House, Hounsdown Business Park, Southampton, Hampshire, SO40 9RB UK
No. 68, Jangshu 2nd Road, Shijr, Taipei County, Taiwan
September 2008 Part Number 190-00478-03 Rev. C Printed in Taiwan
Garmin International, Inc.
Garmin (Europe) Ltd.
Garmin Corporation
www.garmin.com
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