Garmin Destia Traffic License Agreement

limited to, those of merchantability, tness for a
particular purpose, accuracy or completeness of the
trafc data, and/or a lack of viruses.

Trafc Service End User

Subscriber Agreement

The Trafc Service Provider holds the rights to the
trafc incident data and, if you receive RDS/TMC
trafc, the 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. You agree to indemnify, defend,
and hold harmless the Trafc Service Provider (and
its afliates) and Garmin Ltd. (and its subsidiaries)
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 End User Subscriber Agreement and/or (c)
any unauthorized or unlawful activities by you in
connection herewith.

The Trafc Service Data is informational only. You
assume all risk of use. The Trafc Service Provider,
Garmin Ltd. (and its subsidiaries), and their suppliers
make no representations about content, trafc and road
conditions, route usability, or speed.

Garmin and its Trafc Service Provider(s) make no
warranty of tness or compatibility of the trafc data
with the Garmin product and no warranty that the
trafc data will operate properly as integrated and
interfaced with the Garmin product. In addition,
Garmin and its Trafc Service Provider(s) make
no warranty with regard to the reliability, accuracy,
exhaustiveness and completeness of the trafc data,
which may contain inaccuracies and/or errors from
time to time. To the maximum extent permitted by
applicable law, any and all warranties of any kind
whatsoever with regard to the trafc data are hereby
expressly waived and excluded, including, but not

Garmin and its Trafc Service Provider(s) disclaim
all liability for any loss, injury, or damage resulting
from use of or inability to use the Garmin product
and trafc data as a result of weather difculties, the
destruction of transmitters and/or other broadcasting
infrastructures, a natural disaster, and/or a lack of
reliability, completeness or accuracy of the trafc
data. In no event shall Garmin or its Trafc Service
Provider(s) be liable to you or any other party for
any compensatory, indirect, incidental, special, or
consequential damages (including, without limitation,
indirect, direct, special, punitive, or exemplary
damages for loss of business, loss of prots, business
interruption, or loss of business information) arising
out of the use of or inability to use the Garmin product
or the trafc data, even if Garmin has been advised of
the possibility of such damages.

If you purchase or your Garmin product is pre-loaded
with “lifetime” or “one-time” trafc, you will receive
Trafc Data for the useful life of your Garmin trafc
receiver (as long as you own a compatible Garmin
GPS) or as long as Garmin receives Trafc Data from
its third party content supplier, whichever is shorter.
Garmin may terminate your trafc subscription
immediately if you violate any of the terms of this
Agreement. Your trafc subscription may not be
transferred to another person or another Garmin
product.

Additional Terms and Conditions for the use of

Travel and Trafc Information Services Provided
in Finland, Sweden, Norway and Denmark

Destia End User License Agreement
1 Scope

1.1 This End User License Agreement (“EULA”)
contains the terms and conditions regarding your
use of the Services (as dened below in section 2.6)

provided by the Service Provider (as dened below
in section 2.7) in the Territory (as dened below in
section 2.8) and material limitations to your rights
in that regard. If you are acting as an agent or other
representative of a company or another legal person,
such as an ofcer or other employee acting for your
employer, then “you” and “your” mean your principal,
the entity or other legal person for whom you are
acting.

1.2 This EULA has been made publicly available
in the Destia Trafc web service on the Service
Provider’s ofcial Web site (www.destiatrafc

.com/eula/). However, if you have not reviewed

this EULA prior to opening the sales package of the
Product (as dened below in section 2.5), you should
read this written version of the EULA carefully as
it is a legal agreement between you and the Service
Provider as if the Service Provider and you physically
signed this EULA. If you would like to get an
unofcial translation of this EULA from English to
your respective local language in the Territory, please
visit the above-mentioned website. By opening the
sales package of the Product that you’ve purchased
containing this EULA and thereafter commencing
the use of the Services, you automatically accept
and agree to be bound by the terms and conditions
contained in this EULA. However, if you do not agree
to all of the terms and conditions contained in this
EULA, you may not use the Services.

2 Denitions

2.1 “Act” shall mean the applicable local consumer
protection laws and regulations.

2.2 “Data” shall mean collectively the travel and
trafc information and the related location data made
available to you through the Services by the Service
Provider.

2.3 “Intellectual Property Rights” shall mean all
copyrights, trademarks, trade secrets, patents and
other intellectual property rights recognized in any

jurisdiction worldwide, including all applications and
registrations with respect thereto.

2.4 “Manufacturer” shall mean the manufacturer of the
Product and its afliates.

2.5 “Product” shall mean the personal navigation
device enabled to receive the Services manufactured,
marketed, sold and distributed by the Manufacturer.

2.6 “Services” shall mean the provision of the Data to
you by the Service Provider.

2.7 “Service Provider” shall mean Destia Oy with
the Finnish Corporate ID 2163026-3 and registered
address Kumpulantie 11, PO BOX 73, 00521 Helsinki,
Finland.

2.8 “Territory” shall mean Finland, Sweden, Norway
and Denmark.

3 License Grant

3.1 The Service Provider hereby grants to you
a nonexclusive right to use the Services in the
Territory for the life of the Product, or when the third
party licenses, services and information required
for providing the Services become unavailable on
commercially reasonable terms, or until the Service
Provider discontinues providing the Services in the
form as they were provided when you purchased the
Product, which ever is the shortest.

3.2 There are no implied licenses granted under this
EULA, and all rights save for those expressly granted
to you above, shall remain with the Service Provider.

4 Intellectual Property And Other Rights

Title and all Intellectual Property Rights to or
associated with the Services and/or the Data shall
always be vested in the Service Provider, its licensors
or other suppliers.

5 Warranty Disclaimer

5.1 The Service Provider shall provide the Services
with due care and professional skill in the Territory