3
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 AGREE-
MENT.
1.
Grant of License.
Tele Atlas grants you a non-transferable, non-exclusive 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 struc-
ture of or reverse engineer the Data. The Data contains confiden-
tial 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 restric-
tive 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.
3.
Warranty Disclaimer.
THE DATA IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS
BASIS" AND TELE ATLAS AND ITS SUPPLIERS EXPRESSLY DIS-
CLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED 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 INFOR-
MATION. 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 INCIDEN-
TAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY
DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING
LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSI-
NESS 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.
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 represen-
tatives) 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 lim-
ited 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 soft-
ware definition), DFARS 227.7202-1 (DOD policy on commercial
computer software), FAR 52.227-19 (JUN 1987) (commercial com-
puter 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 tech-
nical 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 con-
trol. Contractor/manufacturer is Tele Atlas North America, Inc., 11
Lafayette Street, Lebanon, NH 03766-1445. Phone: 603.643. 0330.
The Data is ©1984-200_ 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 gov-
ernment, 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, Free-
dom 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 Agree-
ment shall be considered breached and any and all right to retain
any copies or to use of the Data shall be terminated and consid-
ered immediately null and void. Any copies of the Data held by you
shall immediately be destroyed. If any court of competent jurisdic-
tion considers this clause void and unenforceable, in whole or in
part, for any reason, this Agreement shall be considered termi-
nated 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 Canadian
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.
b. Compliance.
You will use the POIs in compliance with all applicable federal,
state and local laws, rules and regulations.
c. Indemnification.
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.
d. Warranty.
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 FIT-
NESS FOR A PARTICULAR PURPOSE.
e. POIs Segregation.
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.
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