Garmin NAVTEQ Traffic End User License Agreement

NAVTEQ Trafc™ End User License Agreement
NAVTEQ North America LLC and/or its afliates including Trafc.com (“NAVTEQ”) holds the rights to the trafc incident data (“Trafc Data”) and, if you receive RDS/TMC trafc, the RDS/TMC network through which it is delivered to your Garmin product. By subscribing to, receiving or otherwise accessing the Trafc 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 Trafc 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 Trafc Data, or use any other method to reproduce, duplicate, republish, transmit, or distribute in any way any portion of the Trafc Data. You agree to indemnify, defend, and hold harmless NAVTEQ (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 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 Trafc Data is informational only. You assume all risk of use. NAVTEQ (and its afliates), Garmin Ltd. (and its subsidiaries), and their suppliers make
no representations about content, trafc and road conditions, route usability, or speed.
The Trafc Data is provided to you “as is,” and you agree to use it at your own risk. NAVTEQ (and its afliates) and Garmin Ltd. (and its subsidiaries) 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, NAVTEQ (and its afliates) and Garmin Ltd. (and its subsidiaries) 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 limited to, those of merchantability, tness for a particular purpose, accuracy or completeness of the Trafc Data, and/or a lack of viruses.
NAVTEQ (and its afliates), 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 Trafc Data as a result of weather difculties, the destruction of transmitters and/or broadcasting infrastructures, a natural disaster, and/or a lack of reliability, completeness, or accuracy of the Trafc Data. In no event shall NAVTEQ (and its afliates), 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 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 NAVTEQ or Garmin have been advised of the possibility of such damages.
Trafc. If you purchase or your Garmin product is pre­loaded 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.
Governing Law. The above terms and conditions shall be governed by the laws of the State of Illinois, without giving effect to (i) its conict 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 Trafc Data provided to you hereunder.
Government End Users. If the Trafc 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 dened at 48 C.F.R. (“FAR”)
2.101, is licensed in accordance with this Agreement, and the Trafc 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 Ofcer, federal government agency, or any federal ofcial refuses to use the legend provided herein, the Contracting Ofcer, federal government agency, or any federal ofcial must notify NAVTEQ prior to seeking additional or alternative rights in the Trafc Data.
NAVTEQ and Trafc.com are trademarks in the U.S. and other countries. © 2008 NAVTEQ; © 2008 Trafc.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 dened in FAR
2.101 and is subject to the NAVTEQ Trafc™ End User License Agreement under which this Data
was provided.
© 2008 NAVTEQ; © 2008 Trafc.com –
All rights reserved.
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