10.3 Collected data is transmitted, stored and handled anonymously and no connection of the
data with the User shall be established by Licensor or any third party.
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.
NX405E English 89
