10.4 Licensor hereby informs the User, that if it accesses the Internet through mobile data service while
abroad or otherwise roaming another mobile network the transmission of such data may result in special
roaming charges. To avoid such charges it is the responsibility of the User to disable mobile data services
while roaming or to turn off the data collection functions of the Navigation Product.
11. Auxiliary Terms for Services
11.1 For online Services the following auxiliary terms shall also apply. Information or Database content
(e.g. weather-, traffic information, location based information, online search results) may be transmitted to
the User’s Device through an Internet connection (“Connected Services”). Connected Services may be
granted for a fee or free of charge subject to Licensor’s decision.
11.2 Information and content through Connected Services in general are not available in all countries, or
all languages, furthermore different conditions and service characteristics may apply in different countries.
Use of certain Connected Services may be prohibited in certain countries. It is the User's responsibility to
comply with country specific regulation. Licensor excludes its liability for the consequences of illegal use
of such functions and User shall indemnify and hold Licensor harmless from all claims against Licensor
from authorities or third parties due to the illegal use.
11.3 Online information and content are downloaded by the Navigation Product from the Software
Owner’s or other suppliers’ online content servers. The Licensor hereby excludes any liability of its own
for all information and content. As no control may be exercised by the Licensor or the Software Owner
over the information or content, neither Licensor nor Software Owner warrants the legality, quality,
suitability, accuracy, fitness for a specific purpose or territorial coverage of the information and content,
furthermore no warranty is offered regarding the availability (e.g. uptime) of online information and
content servers. User acknowledges that in any territory or time, slow- or non-connectivity may be
experienced due to capacity limitations of the Internet connection or the content servers. The Navigation
Product may allow the User to access and communicate third party servers directly. In such cases use of
such servers is for User's own risk entirely. Licensor shall not undertake any liability whatsoever for such
servers and services accessed and received directly form third parties.
Server availability. No warranty is provided regarding the availability of the servers enabling the Services.
When conducting periodic maintenance and inspection of the servers providing the Service (the
“System”) upon which Services operate, Licensor (or its Supplier) may temporary suspend all or part of
the Services. In the case of any of the following items, Licensor (or its Supplier) may temporarily interrupt
all or part of the Service without prior notification to the User:
(i) When conducting emergency maintenance or inspection of the System;
(ii) When it becomes no longer possible to provide operate the System due to an accident such as fire or
power outages, natural disasters such as an earthquakes or flooding, war, rioting, industrial disputes, etc.;
(iii) When Licensor deems it necessary to temporarily suspend operation due to unavoidable operational
or technical circumstances; or
(iv) When it becomes no longer possible to provide the Service due dto a System failure, etc.
11.4 User acknowledges that the data or information provided through Connected Services is not updated
in real-time and may not accurately reflect the real life situation or events.
11.5 The User hereby acknowledges that the Connected Services may only be used at the risk of the
User and for the benefit of the User. It is the sole responsibility of the User to provide and maintain a
connection to the public Internet network. User accepts that the usage of the Connected Services
generates data traffic (up- and downstream) and may result in increased mobile data service fees
payable by User.
11.6 Connected Services may provide data, information or materials supplied and/or licensed by third
parties to Licensor. For such materials different terms and conditions imposed by such third parties may
apply. Applicable third party terms shall be listed in the “About” section of the Navigation Product, in the
Device documentation, at a website address indicated in the “About” section or as part of this Agreement.
When first using / enabling Connected Services, User accepts compliance with those third party terms
and conditions.
94 Clarion NX405 English
Summary of Contents for NX405
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