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AVENSIS_Navi+MM_OM20C56E_(EE)
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End-User Terms
In all instances where the Application uses any portion of the Data to deliver information to End-
Users, Customer shall provide End-Users with conspicuous notice and instructions for access to
End-User terms and cause each End-User to accept the End-User terms in such a manner that
the End-User terms are enforceable against the End-User by HERE prior to such End-User’s
access to any portion of the Data. End-User terms shall, at a minimum, include provisions that:
i. restrict use of the Data to the End-User’s own use for use with the Application;
ii. prohibit use of the Data with geographic data from competitors of HERE;
iii. prohibit reverse-engineering and archiving of the Data;
iv. prohibit any export of the Data (or derivative thereof) except in compliance with applicable
export laws, rules and regulations;
v. require the End-User to cease using the Data if End-User fails to comply with the terms and
conditions of the End-User terms;
vi. provide notice to the End-User of the applicable regulatory and third-party supplier restrictions
and obligations (including copyright notices), which may be satisfied by including a link to a
URL to be hosted by HERE, which is currently contained at http://corporate.navteq.com/
supplier_terms.html (or as notified to Customer by HERE);
vii. provide notice to United States Government End-Users that the Data is a “commercial item”,
as that term is defined at 48 C.F.R. (“FAR”) 2.101, and is licensed in accordance with the End-
User terms under which the Data is provided;
viii. affirmatively disclaim any warranties, express or implied of quality, performance,
merchantability, fitness for a particular purpose and non-infringement;
ix. affirmatively disclaim liability for any claim, demand or action, irrespective of the nature of the
cause of the claim, demand or action arising out of the use or possession of the Data; or for
any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special
or consequential damages arising out of the use of, or inability to use the Data, any defect or
inaccuracy in the Data, or the breach of these terms or conditions, whether in an action in
contract or tort or based on a warranty, even if Customer, HERE or their suppliers have been
advised of the possibility of such damages.
x. do not make or imply any warranties on behalf of HERE or its data suppliers or provide any
right of liability or indemnity against HERE or its data suppliers; and
xi. include any legally required and otherwise appropriate instruction, warnings, disclaimers and
safety information relating to the use of the Application.
Terms for Europe, World Markets, North America and Central and South America
Supplier Terms. Customer acknowledges and agrees that in certain parts of the Territory or
with respect to certain parts of the Data additional terms may apply. Customer expressly
agrees to, and procures that any Sub-licensee agrees to, such terms set forth in HERE’s
supplier terms: http://corporate.navteq.com/developer_supplier_terms.html (or as notified to
Customer by HERE);
Traffic Codes
. Customer acknowledges and agrees that in certain countries, Customer shall be
responsible for obtaining rights directly from third party RDS-TMC code providers to use the traffic
codes in the Data and to deliver to End-Users information, data, applications, products and/or
services in any way derived from or based on such traffic codes.
Third Party Notices
. All copies of the Data and packaging relating thereto shall include the third
party notices set out at http://corporate.navteq.com/developer_supplier_terms.html (or as notified
to Customer by HERE);
China
. Maps of the People’s Republic of China may only be distributed for use outside of the
People’s Republic of China.
Map database information
AVENSIS_Navi+MM_OM20C56E_(EE).book Page 262 Tuesday, February 2, 2016 8:56 PM
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