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END USER LICENSE AGREEMENT (HERE)
PLEASE READ THIS END USER LICENSE AGREEMENT
CAREFUL BEFORE USING THE HERE DATABASE
NOTICE TO THE USER
THIS IS A LICENSE AGREEMENT - AND NOT AN AGREEMENT
FOR SALE - BETWEEN YOU AND HERE B.V. FOR YOUR COPY
OF THE HERE NAVIGABLE MAP DATABASE, INCLUDING
ASSOCIATED COMPUTER SOFTWARE, MEDIA AND
EXPLANATORY PRINTED DOCUMENTATION PUBLISHED BY
HERE (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 SUPPLIER FOR A
REFUND.
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The Database and the copyrights and intellectual property or
neighboring rights therein are owned by HERE or its licensors.
Ownership of the media on which the Database is contained is
retained by HERE and/or your supplier until after you have paid
in full any amounts due to HERE and/or your supplier pursuant to
this Agreement or similar agreement(s) under which goods are
provided to you.
LICENSE GRANT
HERE grants you a non-exclusive license to use the Database
for your 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 HERE reasonable opportunity to
provide said information on reasonable terms, including costs, to
be determined by HERE.
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 HERE. Multi-disc sets may only be
transferred or sold as a complete set as provided by HERE and
not as subset thereof.
LIMITED WARRANTY
HERE 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
HERE’s Criteria for Accuracy and Completeness existing on the
date you acquired the Database; these criteria are available
from HERE at your request. If the Database does not perform in
accordance with this limited warranty, HERE 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 HERE’s entire liability and your sole remedy against
HERE. Except as expressly provided in this section, HERE 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. HERE does not warrant that
the Database is or will be error free. No oral or written information
or advice provided by HERE, 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 HERE directly, you may
have statutory rights against the person from whom you have
acquired the Database in addition to the rights granted by HERE
hereunder according to the law of your jurisdiction. The above
warranty of HERE 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 HERE 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 HERE has been
advised of the possibility of such damages. In any event HERE’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 AGREEMENT, 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.
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