NAVTEQ Trafc™ End User License Agreement
NAVTEQ North America LLC and/or its afliates
including Trafc.com (“NAVTEQ”) holds the rights
to the trafc incident data (“Trafc Data”) and, if you
receive RDS/TMC trafc, the RDS/TMC network
through which it is delivered to your Garmin product.
By subscribing to, receiving or otherwise accessing
the Trafc Data, you acknowledge that you have
read this Agreement, that you understand it, that your
agree to be bound by the terms and conditions of
this Agreement, and that you are at least 18 years of
age. If you do not agree to the terms and conditions
of this Agreement, decline the subscription or, if
the subscription is bundled as part of your Garmin
product, return the product within 7 days for a full
refund to the dealer from which you purchased the
product.
You agree to use the Trafc Data together with your
Garmin product solely for personal, non-commercial
purposes, and not for service bureau, time-sharing or
other similar purposes. You may not modify, copy,
scan, decompile, disassemble or reverse engineer
any portion of the Trafc Data, or use any other
method to reproduce, duplicate, republish, transmit, or
distribute in any way any portion of the Trafc Data.
You agree to indemnify, defend, and hold harmless
NAVTEQ (and its afliates) 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 Trafc Data
or the RDS/TMC network, (b) your violation of this
Agreement, and/or (c) any unauthorized or unlawful
activities by you in connection herewith.
The Trafc Data is informational only. You assume
all risk of use. NAVTEQ (and its afliates), Garmin
Ltd. (and its subsidiaries), and their suppliers make
no representations about content, trafc and road
conditions, route usability, or speed.
The Trafc Data is provided to you “as is,” and you
agree to use it at your own risk. NAVTEQ (and its
afliates) and Garmin Ltd. (and its subsidiaries)
make no warranty of tness or compatibility of
the Trafc Data with the Garmin product and no
warranty that the Trafc Data will operate properly
as integrated and interfaced with the Garmin product.
In addition, NAVTEQ (and its afliates) and Garmin
Ltd. (and its subsidiaries) make no warranty with
regard to the reliability, accuracy, exhaustiveness,
and completeness of the Trafc 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 Trafc Data are hereby expressly waived
and excluded, including, but not limited to, those
of merchantability, tness for a particular purpose,
accuracy or completeness of the Trafc Data, and/or
a lack of viruses.
NAVTEQ (and its afliates), Garmin Ltd. (and its
subsidiaries), and their suppliers disclaim all liability
for any loss, injury, or damage resulting from use of
or inability to use the Garmin product and the Trafc
Data as a result of weather difculties, the destruction
of transmitters and/or broadcasting infrastructures,
a natural disaster, and/or a lack of reliability,
completeness, or accuracy of the Trafc Data. In no
event shall NAVTEQ (and its afliates), Garmin Ltd.
(and its subsidiaries), and their suppliers be liable to
you or any other party for any compensatory, direct,
indirect, incidental, special, or consequential damages
(including, without limitation, indirect, direct,
special, punitive, or exemplary damages for loss of
business, loss of prots, business interruption, or loss
of business information) arising out of the use of or
inability to use the Garmin product or the Trafc Data,
even if NAVTEQ or Garmin have been advised of the
possibility of such damages.
Trafc. If you purchase or your Garmin product is preloaded with “lifetime” or “one-time” trafc, you will
receive Trafc Data for the useful life of your Garmin
trafc receiver (as long as you own a compatible
Garmin GPS) or as long as Garmin receives Trafc
Data from its third party content supplier, whichever
is shorter. Garmin may terminate your trafc
subscription immediately if you violate any of the
terms of this Agreement. Your trafc subscription
may not be transferred to another person or another
Garmin product.
Governing Law. The above terms and conditions
shall be governed by the laws of the State of Illinois,
without giving effect to (i) its conict of laws
provisions, or (ii) the United Nations Convention
for Contracts for the International Sale of Goods,
which is explicitly excluded. You agree to submit to
the jurisdiction of the State of Illinois for any and
all disputes, claims and actions arising from or in
connection with the Trafc Data provided to you
hereunder.
Government End Users. If the Trafc Data is
being acquired by or on behalf of the United States
government or any other entity seeking or applying
rights similar to those customarily claimed by the
United States government, this Data is a “commercial
item” as that term is dened at 48 C.F.R. (“FAR”)
2.101, is licensed in accordance with this Agreement,
and the Trafc Data delivered or otherwise furnished
shall be marked and embedded as appropriate with
the following “Notice of Use,” and shall be treated in
accordance with such Notice:
If the Contracting Ofcer, federal government agency,
or any federal ofcial refuses to use the legend
provided herein, the Contracting Ofcer, federal
government agency, or any federal ofcial must notify
NAVTEQ prior to seeking additional or alternative
rights in the Trafc Data.
NAVTEQ and Trafc.com are trademarks in the
U.S. and other countries. © 2008 NAVTEQ; © 2008
Trafc.com. All rights reserved.
Garmin® is a trademark of Garmin Ltd. or its
subsidiaries, registered in the USA and other
countries. This trademark may not be used without
the express permission of Garmin. All other company
names and trademarks mentioned or referenced in this
documentation are the properties of their respective
owners. All rights reserved.
Notice of Use
Contractor (Manufacturer/ Supplier)
Name: NAVTEQ
Contractor (Manufacturer/supplier) Address:
425 West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as dened in FAR
2.101 and is subject to the NAVTEQ Trafc™ End
User License Agreement under which this Data
was provided.
© 2008 NAVTEQ; © 2008 Trafc.com –
All rights reserved.