Important Information for the User
Information importante pour l’utilisateur
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 d’utiliser ce système de
navigation.
EnglishFrançais
Notice to all users: / Notice à tous les utilisateurs :
This software requires that the navigation system is properly connected
to your vehicle’s 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 d’information, veuillez contacter votre revendeur Pioneer
Electronics autorisé ou appeler le (800) 421-1404.
Licenses
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This library is distributed in the hope that it will be
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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
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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
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An “Application” is any work that makes use of an
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A “Combined Work” is a work produced by
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The particular version of the Library with which the
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The “Minimal Corresponding Source” for a
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1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3
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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
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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
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3. Object Code Incorporating Material from Library
Header Files.
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
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You may convey a Combined Work under terms of
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d) Do one of the following:
0) Convey the Minimal Corresponding Source
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Corresponding Application Code in a form
suitable for, and under terms that permit, the
user to recombine or relink the Application
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1) Use a suitable shared library mechanism for
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of the Library already present on the user’s
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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
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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
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b) Give prominent notice with the combined library
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explaining where to find the accompanying
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6. Revised Versions of the GNU Lesser General
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The Free Software Foundation may publish revised
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Each version is given a distinguishing version
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If the Library as you received it specifies that a
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4
En
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
user’s 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 person’s 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.
En
5
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 SUPPLIERS’ SEPARATE
TERMS, WHICH ARE ATTACHED TO THIS
AGREEMENT (Refer to Terms and Conditionsfor 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.
6
En
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 PIONEER’S 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
PIONEER’S 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 Data” clause 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.
En
7
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.
8
En
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
PIONEER’S 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
PIONEER’S 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
En
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 IS” AND
“WITH ALL FAULTS BASIS” AND TELE ATLAS
AND ITS SUPPLIERS EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
10
En
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 attorney’s 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
Government’s rights shall control. Contractor/
manufacturer is Tele Atlas North America,
Inc., 11 Lafayette Street, Lebanon, NH 03766-
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
English
En
11
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 Atlas’ prior
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
En
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