Garmin Intelematics Traffic License Agreement

service marks, business names, domain names,
copyright, designs, patents, logos, drawings,
inventions, discoveries, research developments, trade

Intelematics Trafc Service End User
Subscriber Agreement

By activating, using and/or accessing the SUNA

Trafc Channel, SUNA Predictive or other content or
material provided by Intelematics (together, “SUNA
Products and/or Services”), you accept certain terms
and conditions which are set forth below.

1. Denitions
In these terms and conditions or any subsequent

amendments and/or additions to these terms and

conditions as published on the SUNA Trafc internet
site at www.sunatrafc.com.au/termsandconditions/:

“Agreement” means these Terms and Conditions.
“Approved Devices” means any in-vehicle units,

personal navigation devices, mobile phones or any
other devices which are listed from time to time on
www.sunatrafc.com.au/ and where such a device is
authorised and able to receive SUNA Products and/or
Services.

“Authorised User” means any person lawfully
authorised by the End User to use the SUNA Products
and/or Services.

“Commencement Date” means the date on which the
End User commences to use SUNA Products and/or
Services.

“Data Supplier” means a legal entity (for example, the
State of Queensland) which supplies Licensed Data.

“End User” means a person, rm or company with a
Web Browser or Approved Device receiving or using
SUNA Products and/or Services.

“Intelematics” means Intelematics Pty Ltd (ACN 084
882 584), the owner and operator of SUNA Products
and/or Services.

“Intellectual Property Rights” means all intellectual
and industrial property rights of whatever nature
(whether or not registered or registrable) including,
but not limited to:

(a) all technical information, know-how, trade and

secrets, rights in circuit layouts, rights in data bases
and plant breeders rights;

(b) any application or right to apply for registration
of any of the rights in clause (a) and all renewals and
extensions of those rights; and

(c) the right to have Condential Information kept
condential.

“Licensed Data” means any data supplied by a Data
Supplier from which the Licensed Data Product is
derived from, or on which the Licensed Data Product
is based (regardless of whether such data has been

reformatted or converted onto different media or

translated into another format).
“Licensed Data Product” means SUNA Products

and/or Services provided or made available to the
End User.

“Manufacturer” means a manufacturer of an Approved
Device or provider of an End User product or service
that utilises SUNA Products and/or Services.

“SUNA Predictive” means the trafc and travel data
that displays an average travel times and/or speed for
particular road segments in the Territory at fteen (15)
minute intervals for each day of week.

“SUNA Products and/or Services” means the
trafc and travel information service provided by
Intelematics which include:

(a) the SUNA Trafc Channel, where it is broadcasted
via RDS-TMC, provided via a wireless data network,
or delivered via any other communication platform in
the Territories and is displayed on Approved Devices;

(b) SUNA Predictive, which is stored and used on
Approved Devices;

(c) SUNA Trafc Channel or SUNA Predictive which
are displayed on Web Browsers; or

(d) other content and material provided by
Intelematics from time to time which is utilised or
displayed for Approved Devices, Web Browsers
and/or other End User products or applications.

“SUNA Trafc Channel” means the trafc and travel

information update service provided by Intelematics.
“Territories” means Australia.
“Vehicle” means the End User’s vehicle into which an

Approved Device is installed or used.
“Web Browser” means any web browser or similar

application installed on a personal computer, mobile
phone or similar device which is capable of viewing
the trafc and travel information update service
provided by SUNA Products and/or Services.

2. Acceptance
By using SUNA Products and/or Services, you will be

deemed to have accepted and agreed to be bound by
this Agreement.

3. Term
This Agreement will commence on the

Commencement Date and will continue for so long
as the End User use SUNA Products and/or Services
and, if applicable, maintains its Approved Device in
accordance with the Manufacturer’s instructions or
directions.

4. Installation and Maintenance of Web Browsers or
Approved Devices

Intelematics is not responsible for installation of
Approved Devices or Web Browsers into the Vehicle
or appropriate device, respectively. Intelematics
makes no representations regarding the installation of
Approved Devices or Web Browsers by any person
(including, for example, persons authorised by the
Manufacturer).

Intelematics does not provide support or assistance for
the use or maintenance of Approved Devices or Web
Browsers and all questions or requests for assistance
should be directed to the Manufacturer of the
Approved Device or the provider of the Web Browser
from which SUNA Products and/or Services are used.

5. Provision of the SUNA Trafc Channel and other
SUNA Products and/or Services

Intelematics will use reasonable endeavours to provide
the SUNA Trafc Channel 24 hours a day, 365 days
a year.

Intelematics will use reasonable endeavours to
conduct all necessary maintenance relating to the

SUNA Trafc Channel during ‘off-peak’ times, but
does reserve the right to withdraw the SUNA Trafc
Channel at any time.

SUNA Products and/or Services are intended as an aid
to personal motoring and travel planning, and does
not provide comprehensive or accurate information
on all occasions. On occasions, the End User or an
Authorised User may experience additional delay as a
result of using SUNA Products and/or Services. The
End User acknowledges that it is not intended, or
suitable, for use in applications where time of arrival
or driving directions may impact the safety of the
public, the End User or an Authorised User.

Intelematics reserves the right to vary the Terms and
Conditions of this Agreement. The End User agrees
to check these Terms and Conditions from time
to time, and the continued use of SUNA Products
and/or Services will mean that the End User agrees
to any changes that may be made by Intelematics and
posted on the SUNA Trafc Channel website www.
sunatrafc.com.au.

6. Use of SUNA Products and/or Services in Vehicles
End Users and Authorised Users in which SUNA

Products and/or Services are active or are capable
of being utilized remain at all times responsible for
observing all relevant laws and codes of safe driving
and Intelematics will not in any event be liable for
any ne, penalty, or punishment issued to any user of
SUNA Products and/or Services in a Vehicle.

In particular, End Users and Authorised Users agree
to only actively use or operate SUNA Products and/or
Services on their Approved Device in accordance with
the Manufacturer’s instructions and, when operating
a Vehicle, only when the Vehicle is at a complete stop
and it is safe to do so.