Harman Becker Automotive Systems BE2727, BE2726 Regulatory and Safety Statement Manual
End User License Agreement NAVTEQ
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY
BEFORE USING THE NAVTEQ DATABASE
NOTICE TO THE USER
THIS IS A LICENSE AGREEMENT - AND NOT AN AGREEMENT FOR
SALE – BETWEEN YOU AND NAVTEQ B.V. FOR YOUR COPY OF THE
NAVTEQ NAVIGABLE MAP DATA-BASE, INCLUDING ASSOCIATED
COMPUTER SOFTWARE, MEDIA AND EXPLANATORY PRINTED
DOCUMENTATION PUBLISHED BY NAVTEQ (JOINTLY ”THE DATABASE”). BY USING THE DATABASE, YOU ACCEPT AND AGREE TO
ALL TERMS AND CONDITIONS OF THIS END USER LICENSE
AGREEMENT (”AGREEMENT”). IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE DATABASE, ALONG WITH ALL OTHER ACCOMPANYING ITEMS, TO YOUR
SUP-PLIER FOR A REFUND.
OWNERSHIP
The Database and the copyrights and intellectual property or neighboring
rights therein are owned by NAVTEQ or its licensors. Ownership of the
media on which the Database is contained is retained by NAVTEQ and/or
your supplier until after you have paid in full any amounts due to NAVTEQ
and/or your supplier pursuant to this Agreement or similar agreement(s)
under which goods are provided to you.
LICENSE GRANT
NAVTEQ grants you a non-exclusive license to use the Database for your
USER AGREEMENT
personal use or, if applicable, for use in your business’ internal operations.
This license does not include the right to grant sub-licenses.
LIMITATIONS ON USE
The Database is restricted for use in the specific system for which it was
created. Except to the extent explicitly permitted by mandatory laws (e.g.
national laws based on the European Software Directive (91/250) and the
Database Directive (96/9)), you may not extract or reutilize substantial
parts of the contents of the Database nor reproduce, copy, modify, adapt,
translate, disassemble, decompile, reverse engineer any portion of the
Database. If you wish to obtain interoperability information as meant in
(the national laws based on) the European Software Directive, you shall
grant NAVTEQ reasonable opportunity to provide said information on
reasonable terms, including costs, to be determined by NAVTEQ.
TRANSFER OF LICENSE
You may not transfer the Database to third parties, except when installed
in the system for which it was created or when you do not retain any copy
of the Database, and provided that the transferee agrees to all terms and
conditions of this Agreement and confirms this in writing to NAVTEQ.
Multi-disc sets may only be transferred or sold as a complete set as provided by NAVTEQ and not as subset thereof.
USER AGREEMENT
LIMITED WARRANTY
NAVTEQ warrants that, subject to the warnings set out below, for a period
of 12 months after acquisition of your copy of the Database, it will perform
substantially in accordance with NAVTEQ’s Criteria for Accuracy and
Completeness existing on the date you acquired the Database; these
criteria are available from NAVTEQ at your request. If the Database does
not perform in accordance with this limited warranty, NAVTEQ will use
reasonable efforts to repair or replace your non-conforming copy of the
Database. If these efforts do not lead to performance of the Database in
accordance with the warranties set out herein, you will have the option to
either receive a reasonable refund of the price you paid for the Database
or to rescind this Agreement. This shall be NAVTEQ’s entire liability and
your sole remedy against NAVTEQ. Except as expressly provided in this
section, NAVTEQ does not warrant nor make any representations regarding the use of results of the use of the Database in terms of its correctness, accuracy, reliability, or otherwise. NAVTEQ does not warrant that
the Database is or will be error free. No oral or written information or advice provided by NAVTEQ, your supplier or any other person shall create
a warranty or in any way increase the scope of the limited warranty described above. The limited warranty set forth in this Agreement does not
affect or prejudice any statutory legal rights that you may have under the
legal warranty against hidden defects.
If you did not acquire the Database from NAVTEQ directly, you may have
statutory rights against the person from whom you have acquired the
Database in addition to the rights granted by NAVTEQ hereunder according to the law of your jurisdiction. The above warranty of NAVTEQ shall
not affect such statutory rights and you may assert such rights in addition
to the warranty rights granted herein.
LIMITATION OF LIABILITY
The price of the Database does not include any consideration for assumption of risk of consequential, indirect or unlimited direct damages which
may arise in connection with your use of the Database. Accordingly, in no
event shall NAVTEQ be liable for any consequential or indirect damages,
including without limitation, loss of revenue, data, or use, incurred by you
or any third party arising out of your use of the Database, whether in an
action in contract or tort or based on a warranty, even if NAVTEQ has
been advised of the possibility of such damages. In any event NAVTEQ’s
liability for direct damages is limited to the price of your copy of the Database.
THE LIMITED WARRANTY AND LIMITATION OF LIABILITY, SET
FORTH IN THIS AGREE-MENT, DO NOT AFFECT OR PREJUDICE
YOUR STATUTORY RIGHTS WHERE YOU HAVE ACQUIRED THE
DATABASE OTHERWISE THAN IN THE COURSE OF A BUSINESS.
WARNINGS
The Database may contain inaccurate or incomplete information due to
the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead
to incorrect results. The Database does not include or reflect information
on - inter alia - neighborhood safety; law enforcement; emergency assistance; construction work; road or lane closures; vehicle or speed restrictions; road slope or grade; bridge height, weight or other limits; road or
traffic conditions; special events; traffic congestion; or travel time.
GOVERNING LAW
This Agreement shall be governed by the laws of the jurisdiction, in which
you reside at the date of acquisition of the Database. Should you at that
moment reside outside the European Union or Switzerland, the law of the
jurisdiction within the European Union or Switzerland where you acquired
the Database shall apply. In all other cases, or if the jurisdiction where you
acquired the Database cannot be defined, the laws of the Netherlands
shall apply. The courts competent at your place of residence at the time
you acquired the Database shall have jurisdiction over any dispute arising
out of, or relating to this Agreement, without prejudice to NAVTEQ’ right to
bring claims at your then current place of residence.
USER AGREEMENT
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