6 End-user license agreement
0. Definitions
The following terms shall have the meaning defined hereunder in this agreement when used with capital
letters. The text of this agreement may also contain further defined terms.
“Agreement” means this End User License Agreement (EULA) containing the terms and conditions of use
of the Software, Databases and Services by You as the end user.
“Database” or “Database Content” means geographically referenced data such as map data, points of
interest (“POI”), 3D models, TMC location tables, phonemes, images, audio or video files and other data,
as well as any data suitable for integration into the Software.
“Device” means the hardware equipment manufactured or distributed by Licensor on which the
Navigation Product is installed.
“Software” means the turn-by-turn navigation software installed on the Device, including the core engine,
other software modules and the graphical user interface, capable of processing and/or displaying the
Databases and the Services. The term Software shall by definition include any modifications, updates,
upgrades thereto.
“Service” means the provision of dynamically changing information that may be provided by-, displayed
by- or transmitted through the Software, for example, but not limited to Traffic Message Channel (TMC)
service, search, weather information and community based services. Services are usually transmitted
online via the Internet, but may be conveyed via other means (e.g. via radiowaves in case of “RDS TMC”
service).
“Navigation Product” means the Software, the Databases and the Services together, as (i) distributed with
the Device by the Licensor or (ii) otherwise installed on the Device.
1. The contracting parties
1.1 This Agreement has been entered into by and between You as the end user (hereinafter: “User”) and
the business entity distributing/selling the Device together with the Navigation Product, under its own
name and/or branding (hereinafter: “Licensor”). This Agreement sets out the conditions and limitations of
use of the Navigation Product. The User and the Licensor are referred together as: “Parties”.
1.2 User represents and warrants that (i) he/she is not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting”
country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
2. Conclusion of the Agreement
2.1 This Agreement is concluded by implicit conduct of the Parties without signing the Agreement.
2.2 The User hereby acknowledges that following the lawful acquisition of the Navigation Product
constituting the object of this Agreement, any of the following actions of use shall mean that the User has
accepted the terms and conditions of this Agreement as legally binding: (i) any degree of use, installation
onto a computer or other Device (cell phone, multi-function device, personal navigation device, in-car
navigation or multi function head unit, etc.), (ii) pressing the “Accept” button displayed by the Navigation
Product during installation or use. The time of conclusion of the present Agreement is the time of
executing the first action of use (commencement of use).
2.3 This Agreement shall by no means authorize the usage of the Navigation Product by those persons
having unlawfully acquired the Navigation Product or having unlawfully installed it on a Device or in a
vehicle.
2.4 U.S. Government Users. If you acquire the Navigation Product by or on behalf of the United States
Government or any other entity seeking or applying rights similar to those customarily claimed by the
United States Government, you are on notice that the Navigation Product is a commercial item as that
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