English
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non-European Union NAVTEQ Data
The above terms and conditions shall be governed
by the laws of Illinois, without giving effect to (i) its
conflict of laws provisions, or (ii) the United Nations
Convention for Contracts for the International Sale
of Goods, which is explicitly excluded. You agree
to submit to the jurisdiction of Illinois for any
and all disputes, claims and actions arising from
or in connection with the Data provided to you
hereunder.
Government End Users. If End User is an agency,
department, or other entity of the United States
Government, or funded in whole or in part by
the U.S. Government, then use, duplication,
reproduction, release, modification, disclosure
or transfer of the Product and accompanying
documentation is subject to restrictions as set
forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD
commercial computer software definition), DFARS
27.7202-1 (DOD policy on commercial computer
software), FAR 52.227-19 (JUN 1987) (commercial
computer 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
technical 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 control. The
contractor/manufacturer is Garmin International,
Inc., 1200 East 151st Street, Olathe, KS 66062, USA
and NAVTEQ North America LLC, 222 Merchandise
Mart Plaza, Suite 900, Chicago, Illinois 60654.
Traffic Service End-user Subscriber
Agreement
The Traffic Service Provider holds the rights to
the traffic incident data and RDS/TMC network
through which it is delivered. You may not modify,
copy, scan, or use any other method to reproduce,
duplicate, republish, transmit, or distribute in any
way any portion of traffic incident data. You agree
to indemnify, defend, and hold harmless the Traffic
Service Provider (and its affiliates) and Garmin Ltd.
(and its subsidiaries) against any and all claims,
damages, costs, or other expenses that arise
directly or indirectly out of (a) your unauthorized
use of the traffic incident data or the RDS/TMC
network, (b) your violation of this End User
Subscriber Agreement and/or (c) any unauthorized
or unlawful activities by you in connection
herewith.
The Traffic Service Data is informational only. You
assume all risk of use. The Traffic Service Provider,
Garmin Ltd. (and its subsidiaries), and their
suppliers make no representations about content,
traffic and road conditions, route usability, or speed.
Garmin and its Traffic Service Provider(s) make no
warranty of fitness or compatibility of the traffic
data with the Garmin product and no warranty that
the traffic data will operate properly as integrated
and interfaced with the Garmin product. In
addition, Garmin and its Traffic Service Provider(s)
make no warranty with regard to the reliability,
accuracy, exhaustiveness and completeness of
the traffic data, which may contain inaccuracies
and/or errors from time to time. To the maximum
extent permitted by applicable law, any and all
warranties of any kind whatsoever with regard to
the traffic data are hereby expressly waived and
excluded, including, but not limited to, those of
merchantability, fitness for a particular purpose,
accuracy or completeness of the traffic data, and/or
a lack of viruses.
Garmin and its Traffic Service Provider(s) disclaim
all liability for any loss, injury, or damage resulting
from use of or inability to use the Garmin product
and traffic data as a result of weather difficulties,
the destruction of transmitters and/or other
broadcasting infrastructures, a natural disaster, and/
or a lack of reliability, completeness or accuracy
of the traffic data. In no event shall Garmin or
its Traffic Service Provider(s) be liable to you or
any other party for any compensatory, indirect,
incidental, special, or consequential damages
(including, without limitation, indirect, direct,
special, punitive, or exemplary damages for loss
of business, loss of profits, business interruption,
or loss of business information) arising out of the
use of or inability to use the Garmin product or the
traffic data, even if Garmin has been advised of the
possibility of such damages.
If you purchase or your Garmin product is pre-
loaded with “lifetime” or “one-time” traffic, you will
receive traffic data for one (1) compatible Garmin
product until your product’s useful life expires
or Garmin no longer receives traffic data from its
Traffic Service Provider. Your traffic subscription
may not be transferred to another person or
another Garmin product. Garmin may terminate
this Agreement for any reason, including, but not
limited to, if Garmin finds that you have violated
any of the terms of this Agreement or the contract
between Garmin and its Traffic Service Provider
terminates.
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