PIONEER AVIC-U310BT User Manual

Important Information for the User Information importante pour lutilisateur
FLASH MEMORY NAVIGATION AUDIO RECEIVER
RECEPTEUR AUDIO ET SYSTEME DE NAVIGA­TION A MEMOIRE FLASH INTEGREE
AVIC-U310BT
Be sure to read both this leaflet and the Operation Manual contained on the CD-ROM accompanying this navigation system! Both documents include important information that you must understand before using this navigation system.
Assurez-vous de lire ce feuillet et le Manuel de fonctionnement que contient le CD-ROM accompagnant ce système de navigation. Les deux documents comprennent des informations importantes que vous devez comprendre avant dutiliser ce système de navigation.
English Français
Notice to all users: / Notice à tous les utilisateurs :
This software requires that the navigation system is properly connected
to your vehicles parking brake and depending on your vehicle,
additional installation may be required. For more information, please
contact your Authorized Pioneer Electronics retailer or call us at (800)
421-1404.
Ce logiciel nécessite que le système de navigation soit correctement
connecté au frein de stationnement de votre véhicule et en fonction du
véhicule, une installation supplémentaire peut être nécessaire. Pour
plus dinformation, veuillez contacter votre revendeur Pioneer
Electronics autorisé ou appeler le (800) 421-1404.
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This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details. You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
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GNU LESSER GENERAL PUBLIC LICENSE
GNU LESSER GENERAL PUBLIC LICENSE Version 3, 29 June 2007 Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/> Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.
0. Additional Definitions. As used herein, “this License” refers to version 3 of
the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.
“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.
An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.
A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.
The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.
The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.
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1. Exception to Section 3 of the GNU GPL. You may convey a covered work under sections 3
and 4 of this License without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions. If you modify a copy of the Library, and, in your
modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:
a) under this License, provided that you make a
good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional
permissions of this License applicable to that copy.
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The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the
object code that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the object code with a copy of the
GNU GPL and this license document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:
a) Give prominent notice with each copy of the
Combined Work that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the Combined Work with a copy of
the GNU GPL and this license document.
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1) Use a suitable shared library mechanism for linking with the Library. A suitable mecha­nism is one that (a) uses at run time a copy of the Library already present on the user’s computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version.
e) Provide Installation Information, but only if you
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5. Combined Libraries. You may place library facilities that are a work
based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:
a) Accompany the combined library with a copy of
the same work based on the Library, uncom­bined with any other library facilities, conveyed under the terms of this License.
b) Give prominent notice with the combined library
that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy’s public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.
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Precaution
Information to User
This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interfer­ence, and (2) this device must accept any inter­ference received, including interference that may cause undesired operation.
Alteration or modifications carried out without appropriate authorization may invalidate the users right to operate the equipment.
FCC ID : AJDK024 MODEL NO. : AVIC-U310BT IC : 775E-K024 This device complies with Part 15 of FCC Rules and RSS-Gen of IC Rules. Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including inter­ference that may cause undesired operation of this device. MADE IN CHINA
For Canadian model
This Class B digital apparatus complies with Canadian ICES-003.
Chapter
01
English
This equipment complies with FCC radiation exposure limits set forth for uncontrolled equipment and meets the FCC radio frequency (RF) Exposure Guidelines in Supplement C to OET65. This equipment has very low levels of RF energy that it deemed to comply without maximum permissive exposure evaluation (MPE). But it is desirable that it should be in­stalled and operated with at least 20cm and more between the radiator and persons body (excluding extremities: hands, wrists, feet and ankles).
CAUTION: USE OF CONTROL OR ADJUSTMENT OR PER­FORMANCE OF PROCEDURES OTHER THAN THOSE SPECIFIED HEREIN MAY RESULT IN HAZARDOUS RADIATION EXPOSURE. CAUTION: THE USE OF OPTICAL INSTRUMENTS WITH THIS PRODUCT WILL INCREASE EYE HA­ZARD.
WARNING
Handling the cord on this product or cords asso­ciated with accessories sold with the product will expose you to chemicals listed on proposition 65 known to the State of California and other govern­mental entities to cause cancer and birth defect or other reproductive harm. Wash hands after
handling.
This transmitter must not be co-located or op­erated in conjunction with any other antenna or transmitter.
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Chapter
02
License Agreement
PIONEER AVIC-U310BT- for U.S.A.
THIS IS A LEGAL AGREEMENT BETWEEN YOU, AS THE END USER, AND PIONEER ELECTRONICS (USA) INC. (PIONEER). PLEASE READ THE TERMS AND CONDI­TIONS OF THIS AGREEMENT CAREFULLY BE­FORE USING THE SOFTWARE INSTALLED ON THE PIONEER PRODUCTS. BY USING THE SOFTWARE INSTALLED ON THE PIONEER PRODUCTS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THE SOFT­WARE INCLUDES A DATABASE LICENSED BY THIRD PARTY SUPPLIER( S) (SUPPLIERS), AND YOUR USE OF THE DATABASE IS COV­ERED BY THE SUPPLIERSSEPARATE TERMS, WHICH ARE ATTACHED TO THIS AGREEMENT (Refer to Terms and Conditions for the Tele Atlas Data). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, PLEASE RE­TURN THE PIONEER PRODUCTS (INCLUDING THE SOFTWARE, AND ANY WRITTEN MATERI­ALS) WITHIN FIVE (5) DAYS OF RECEIPT OF THE PRODUCTS, TO THE AUTHORIZED PIONEER DEALER FROM WHICH YOU PUR­CHASED THEM. USE OF THE SOFTWARE SHALL BE DEEMED TO BE YOUR CONSENT TO THE LICENSE AGREEMENT.
1 GRANT OF LICENSE
Pioneer grants to you a non-transferable, non exclusive license to use the software installed on the Pioneer products (the Software) and the related documentation solely for your own personal use or for internal use by your busi­ness, only on such Pioneer products. You shall not copy, reverse engineer, translate, port, modify or make derivative works of the Software. You shall not loan, rent, disclose, publish, sell, assign, lease, sublicense, market or otherwise transfer the Software or use it in any manner not expressly authorized by this agreement. You shall not derive or attempt to derive the source code or structure of all or any portion of the Software by reverse engi­neering, disassembly, decompilation, or any
other means. You shall not use the Software to operate a service bureau or for any other use involving the processing of data for other per­sons or entities. Pioneer and its licensor(s) shall retain all copy­right, trade secret, patent and other proprie­tary ownership rights in the Software. The Software is copyrighted and may not be cop­ied, even if modified or merged with other pro­ducts. You shall not alter or remove any copyright notice or proprietary legend con­tained in or on the Software. You may transfer all of your license rights in the Software, the related documentation and a copy of this License Agreement to another party, provided that the party reads and agrees to accept the terms and conditions of this Li­cense Agreement.
2 DISCLAIMER OF WARRANTY
The Sof tware and related documentation are provided to you AS IS. PIONEER AND ITS LI­CENSOR(S) (for the purpose of provisions 2 and 3, Pioneer and its licensor(s) shall be col­lectively referred to as Pioneer) MAKES AND YOU RECEIVE NO WARRANTY FOR THE SOFT­WARE, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABIL­ITY AND FITNESS FOR ANY PARTICULAR PURPOSE FOR THE SOFTWARE ARE EX­PRESSLY EXCLUDED. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRAN­TIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Software is complex and may contain some nonconformities, defects or errors. Pioneer does not warrant that the Soft­ware will meet your needs or expectations, that operation of the Software will be error free or uninterrupted, or that all non-conformities can or will be corrected. Furthermore, Pioneer does not make any representations or warran­ties regarding the use or results of the use of the Software in terms of its accuracy, reliability or otherwise.
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License Agreement
Chapter
02
3 LIMITATION OF LIABILITY
IN NO EVENT SHALL PIONEER BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS IN­CURRED BY YOU (INCLUDING, WITHOUT LIM­ITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST INCOME, LOST SALES OR BUSINESS, EXPEN­DITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES) RESULT­ING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PIONEER HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ANY AND ALL CAUSES OF ACTION INDIVI­DUALLY OR IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CON­TRACT, BREACH OF WARRANTY, NEGLI­GENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF PIONEERS WARRANTY DISCLAIMER OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL OR FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT PIONEERS LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE PRICE PAID BY YOU FOR THE ENCLOSED PIONEER PRO­DUCT. Some states do not allow the exclusion or lim­itation of incidental or consequential da­mages, so the above limitation or exclusion may not apply to you. This warranty disclaimer and limitation of liability shall not be applic­able to the extent that they are prohibited by any applicable federal, state or local law which provides that such a disclaimer or limitation cannot be waived or preempted.
4 EXPORT LAW ASSURANCES
You agree and certify that neither the Software nor any other technical data received from Pioneer, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and
regulations of the United States. If the Soft-
English
ware has been rightfully obtained by you out­side of the United States, you agree that you will not re-export the Software nor any other technical data received from Pioneer, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdic­tion in which you obtained the Software.
5 TERMINATION
This Agreement is effective until terminated. You may terminate it at any time by destroying the Software. The Agreement also will termi­nate if you do not comply with any terms or conditions of this Agreement. Upon such ter­mination, you agree to destroy the Software.
6 U.S. GOVERNMENT END USERS
If the Software 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, the Data is licensed with Limited Rights. Utilization of the Software is subject to the restrictions specified in the Rights in Technical Dataclause at DFARS
252.227-7013, or the equivalent clause for non­defense agencies. Pioneer Electronics (USA) Inc., 2265 East 220th Street, Long Beach, CA
90810.
7 MISCELLANEOUS
This is the entire Agreement between Pioneer and you regarding its subject matter. No change in this Agreement shall be effective unless agreed to in writing by Pioneer. Pioneer retailers do not have the authority to change this Agreement. This Agreement shall be gov­erned by and construed in accordance with the internal laws of the State of California. If any provision of this Agreement is declared in­valid or unenforceable, the remaining provi­sions of this Agreement shall remain in full force and effect.
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Chapter
02
License Agreement
PIONEER AVIC-U310BT- for Canada
THIS IS A LEGAL AGREEMENT BETWEEN YOU, AS THE END USER, AND PIONEER ELECTRONICS OF CANADA, INC. (PIONEER). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CARE­FULLY BEFORE USING THE SOFTWARE IN­STALLED ON THE PIONEER PRODUCTS. BY USING THE SOFTWARE INSTALLED ON THE PIONEER PRODUCTS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREE­MENT. THE SOFTWARE INCLUDES A DATA­BASE LICENSED BY THIRD PARTY SUPPLIER (S) (SUPPLIERS), AND YOUR USE OF THE DATABASE IS COVERED BY THE SUPPLIERS SEPARATE TERMS, WHICH ARE ATTACHED TO THIS AGREEMENT (Refer to page 10). IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, PLEASE RETURN THE PIONEER PRO­DUCTS (INCLUDING THE SOF TWARE, AND ANY WRITTEN MATERIALS) WITHIN FIVE (5) DAYS OF RECEIPT OF THE PRODUCTS, TO THE AUTHORIZED PIONEER DEALER FROM WHICH YOU PURCHASED THEM. USE OF THE SOFTWARE SHALL BE DEEMED TO BE YOUR CONSENT TO THE LICENSE AGREE­MENT.
1 GRANT OF LICENSE
Pioneer grants to you a non-transferable, non exclusive license to use the software installed on the Pioneer products (the Software) and the related documentation solely for your own personal use or for internal use by your busi­ness, only on such Pioneer products. You shall not copy, reverse engineer, translate, port, modify or make derivative works of the Software. You shall not loan, rent, disclose, publish, sell, assign, lease, sublicense, market or otherwise transfer the Software or use it in any manner not expressly authorized by this agreement. You shall not derive, or attempt to derive, the source code or structure of all or any portion of the Software by reverse engi­neering, disassembly, decompilation, or any
other means. You shall not use the Software to operate a service bureau or for any other use involving the processing of data for other per­sons or entities. Pioneer and its licensor(s) shall retain all copy­right, trade secret, patent and other proprie­tary ownership rights in the Software. The Software is copyrighted and may not be cop­ied, even if modified or merged with other pro­ducts. You shall not alter or remove any copyright notice or proprietary legend con­tained in or on the Software. You may transfer all of your license rights in the Software, the related documentation and a copy of this License Agreement to another party, provided that the party reads and agrees to accept the terms and conditions of this Li­cense Agreement.
2 DISCLAIMER OF WARRANTY
The Sof tware and related documentation are provided to you AS IS. PIONEER AND ITS LI­CENSOR(S) (for the purpose of provisions 2 and 3, Pioneer and its licensor(s) shall be col­lectively referred to as Pioneer) MAKES AND YOU RECEIVE NO WARRANTY FOR THE SOFT­WARE, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABIL­ITY AND FITNESS FOR ANY PARTICULAR PURPOSE FOR THE SOFTWARE ARE EX­PRESSLY EXCLUDED. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRAN­TIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Software is complex and may contain some nonconformities, defects or errors. Pioneer does not warrant that the Soft­ware will meet your needs or expectations, that operation of the Software will be error free or uninterrupted, or that all non-conformities can or will be corrected. Furthermore, Pioneer does not make any representations or warran­ties regarding the use or results of the use of the Software in terms of its accuracy, reliability or otherwise.
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License Agreement
Chapter
02
3 LIMITATION OF LIABILITY
IN NO EVENT SHALL PIONEER BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS IN­CURRED BY YOU (INCLUDING, WITHOUT LIM­ITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, IN­VESTMENTS, OR COMMITMENTS IN CON­NECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES) RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PIONEER HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGRE­GATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WAR­RANTY, NEGLIGENCE, STRICT LIABILITY, MIS­REPRESENTATION, AND OTHER TORTS. IF PIONEERS WARRANTY DISCLAIMER OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL OR FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT PIONEERS LIABILITY SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE PRICE PAID BY YOU FOR THE ENCLOSED PIONEER PRO­DUCT. Some states do not allow the exclusion or lim­itation of incidental or consequential da­mages, so the above limitation or exclusion may not apply to you. This warranty disclaimer and limitation of liability shall not be applic­able to the extent that they are prohibited by any applicable federal, state or local law which provides that such a disclaimer or limitation cannot be waived or preempted.
obtained by you outside of Canada, you agree
English
that you will not re-export the Software nor any other technical data received from Pioneer, nor the direct product thereof, except as per­mitted by the laws and regulations of Canada and the laws and regulations of the jurisdic­tion in which you obtained the Software.
5 TERMINATION
This Agreement is effective until terminated. You may terminate it at any time by destroying the Software. The Agreement also will termi­nate if you do not comply with any terms or conditions of this Agreement. Upon such ter­mination, you agree to destroy the Software.
6 MISCELLANEOUS
This is the entire Agreement between Pioneer and you regarding its subject matter. No change in this Agreement shall be effective unless agreed to in writing by Pioneer. Pioneer retailers do not have the authority to change this Agreement. This Agreement shall be gov­erned by and construed in accordance with the internal laws of the Province of Ontario and the federal laws of Canada applicable therein. If any provision of this Agreement is declared invalid or unenforceable, the remain­ing provisions of this Agreement shall remain in full force and effect.
4 EXPORT LAW ASSURANCES
You agree and certify that neither the Software nor any other technical data received from Pioneer, nor the direct product thereof, will be exported outside Canada except as authorized and as permitted by the laws and regulations of Canada. If the Software has been rightfully
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9
Chapter
02
License Agreement
Terms and Conditions for the Tele Atlas Data
THIS IS A LEGAL AGREEMENT (THE AGREE­MENT) BETWEEN YOU, THE END USER, AND TELE ATLAS NORTH AMERICA, INC. (Tele Atlas). BY USING YOUR COPY OF THE TELE ATLAS DATA, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1
Grant of License.
Tele Atlas grants you a non-transferable, non­exclusive license to use the map data and business points of interest information (the POIs), (together, the Data) contained on these discs, solely for personal, non-commer­cial use and not to operate a service bureau or for any other use involving the processing of data of other persons or entities. You may make one (1) copy of the Data for archival or backup purposes only but you may not other­wise copy, reproduce, modify, make derivative works, derive the structure of or reverse engi­neer the Data. The Data contains confidential and proprietary information and materials, and may contain trade secrets, so you agree to hold the Data in confidence and in trust and not to disclose the Data or any portions in any form, including by renting, leasing, publish­ing, leasing, sublicensing or transferring the Data to any third party. You are prohibited from removing or obscuring any copyright, tra­demark notice or restrictive legend.
2
Ownership.
The Data is copyrighted by Tele Atlas and its li­censors and they retain all ownership rights in the Data. You agree not to alter, remove, oblit­erate, or obscure any copyright notice or pro­prietary legend contained in or on the Data.
WARRANTIES OF NON-INFRINGEMENT, MER­CHANTABILITY, SATISFACTORY QUALITY, AC­CURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRIT­TEN ADVICE OR INFORMATION PROVIDED BY TELE ATLAS OR ANY OF ITS AGENTS, EM­PLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH AD­VICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDI­TION OF THE AGREEMENT.
4
Limitation of Liability.
TELE ATLAS SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DA­MAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTER­RUPTION OR THE LIKE, REGARDLESS OF WHETHER YOU WERE ADVISED OF THE POS­SIBILITY OF SUCH DAMAGES. NOTWITH­STANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TELE ATLAS SHALL HAVE NO MONETARY LIABILITY TO YOU FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.
5
Termination.
This Agreement will terminate immediately and automatically, without notice, if you breach any term of this Agreement. You agree that in the event of termination of the Agree­ment, you shall return the Data (including all documentation and all copies) to Tele Atlas and its suppliers.
3
Warranty Disclaimer.
THE DATA IS PROVIDED ON AN AS ISANDWITH ALL FAULTS BASISAND TELE ATLAS
AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN­CLUDING BUT NOT LIMITED TO, THE IMPLIED
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License Agreement
Chapter
02
6 Indemnity.
You agree to indemnify, defend and hold Tele Atlas, its Licensors, and its Suppliers (includ­ing their respective licensors, suppliers, as­signees, subsidiaries, affiliated companies, and the respective officers, directors, employ­ees, shareholders, agents and representatives) free and harmless from and against any liabili­ty, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorneys fees, arising out of or in connection with any use or possession by you of the Data.
7
U.S. Government Rights.
If you are an agency, department, or other en­tity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduc­tion, release, modification, disclosure or trans­fer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in DFARS 252.227-7014(a) (1) (JUN 1995) (DOD commercial computer software definition), DFARS 227.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial com­puter software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD techni­cal data – commercial items clause); FAR
52.227-14 Alternates I, II, and III (JUN 1987) (ci­vilian agency technical data and noncommer­cial computer software clause); and/or FAR
12.211 and FAR 12.212 (commercial item ac­quisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this License, the construc­tion that provides greater limitations on the Governments rights shall control. Contractor/ manufacturer is Tele Atlas North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-
1445. Phone: 603.643. 0330. The Data is ©1984-2009 by Tele Atlas. ALL RIGHTS RE­SERVED. For purpose of any public disclosure provision under any federal, state or local law,
it is agreed that the Data is a trade secret and a proprietary commercial product and not sub­ject to disclosure. If you are an agency, department, or other en­tity of any State government, the United States Government or any other public entity or funded in whole or in part by the United States Government, then you hereby agree to protect the Data from public disclosure and to consid­er the Data exempt from any statute, law, regu­lation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public ac­cess and/or reproduction or use of the Data. In the event that such exemption is challenged under any such laws, this Agreement shall be considered breached and any and all right to retain any copies or to use of the Data shall be terminated and considered immediately null and void. Any copies of the Data held by you shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this Agreement shall be con­sidered terminated and null and void, in its en­tirety, and any and all copies of the Data shall immediately be destroyed.
8
Additional Provisions with respect to
POI Data only.
a No Creation of Mailing Lists.
You are prohibited from using the POIs (i) to create mailing lists or (ii) for other such si­milar uses.
Compliance.
b
You will use the POIs in compliance with all applicable federal, state and local laws, rules and regulations.
Indemnification.
c
You shall indemnify and hold infoUSA, Inc. harmless against all third party claims or liability which are based in whole or in part of the users failure to comply with such laws, rules and regulations or which result from the use of the POIs through you.
Warranty.
d
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Chapter
02
License Agreement
In addition to the Warranties contained in the Agreement, YOU UNDERSTAND THAT THE POIS ARE LICENSED ON AN AS IS BASIS WITHOUT GUARANTEE, AND THERE ARE NO OTHER WARRANTIES MADE WHETHER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
POIs Segregation.
e
You are prohibited from combining or mer­ging the POIs with any other POI data. The POIs shall be maintained in such a way that they are separately identifiable from all other POI data at all times.
9 Agreement in English.
The parties hereto confirm that they have re­quested that this Agreement and all attach­ments and related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents attachés soient rédigés en Anglais.
10
Miscellaneous.
This is the exclusive and complete Agreement between Tele Atlas and you regarding its sub­ject matter. Nothing in this Agreement shall create a joint venture, partnership or principal­agent relationship between Tele Atlas and you. The internal laws of California shall govern this Agreement and you consent to the juris­diction of the Northern District of California or the State of California for the County of Santa Clara. Sections 2 – 10 shall survive the expira­tion or termination of this Agreement. This Agreement may be amended, altered, or modi­fied only by Tele Atlas. You may not assign any part of this Agreement without Tele Atlasprior written consent. You acknowledge and under­stand that the Data may be subject to restric­tions on exportation and agree to comply with any applicable export laws. In the event that any provision or part of a provision of this Agreement is determined to be invalid, illegal,
or unenforceable, such provision or part there­of shall be stricken from this Agreement and the remainder of this Agreement shall be valid, legal, and enforceable to the maximum extent possible. Any notice under this Agree­ment shall be delivered by courier to Tele Atlas North America, Inc., Attention Contracts De­partment, 11 Lafayette Street, Lebanon, NH 03766 USA. The covenants and obligations un­dertaken by you herein are intended for the di­rect benefit of Tele Atlas and may be enforced by Tele Atlas directly against you.
12
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