92
END USER LICENSE AGREEMENT
FOR THE USE OF THE TRAVEL AND TRAFFIC INFORMATION SERVICES
PROVIDED IN EUROPE
1
SCOPE
1.1
This End User License Agreement ("
EULA
") contains the terms and conditions regarding your use
of the Services (as defined below in section 2.6) provided by the Service Provider (as defined below
in section 2.7) in the Territory (as defined below in section 2.8) and material limitations to your
rights in that regard. If you are acting as an agent or other representative of a company or another
legal person, such as an officer or other employee acting for your employer, then "you" and "your"
mean your principal, the entity or other legal person for whom you are acting.
1.2
This EULA has been made publicly available in the Service Provider Traffic web service on the
Service Provider’s official website (http://www.Service Providertraffic.com/eula/). Howe
ver, if you
have not reviewed this EULA prior to opening the sales package of the Product (as defined below
in section 2.5), you should read this printed version of the EULA carefully as it is a legal agreement
between you and the Service Provider as if the Service Provider and you physically signed this
EULA. If you would like to get an unofficial translation of this EULA from English to your respective
local language in the Territory, please visit the above-mentioned website. By opening the sales
package of the Product that you’ve purchased containing this EULA and thereafter commencing
the use of the Services, you automatically accept and agree to be bound by the terms and
conditions contained in this EULA. However, if you do not agree to all of the terms and conditions
contained in this EULA, you may not use the Services.
2
DEFINITIONS
2.1
“
Act
” shall mean the applicable local consumer protection laws and
regulations.
2.2
“
Data
” shall mean collectively the travel and traffic information and the related location data made
available to you through the Services by the Service Provider.
2.3
“
Intellectual Property Rights
” shall mean all copyrights, trademarks, trade
secrets, patents and
other intellectual property rights recognized in any jurisdiction worldwide, including all applications
and registrations with respect thereto.
2.4
“
Manufacturer
” shall mean the manufacturer of the Product and its affiliates.
2.5
“
Product
”
shall mean the personal navigation device enabled to receive the Services
manufactured, marketed, sold and distributed by the Manufacturer.
2.6
“
Services
” shall mean the provision of the Data to you by the Service Provider.
2.7
“
Service Provider
” shall mean Servic
e Provider Mediamobile SA with the French corporate ID B
403334 618 and registered address 27, boulevard Hippolyte Marquès, 94200 Ivry sur Seine -
France
2.8
“
Territory
” shall mean the countries of Belgium, Bulgaria, Croatia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania,
Slovenia, Sweden, Turkey and United Kingdom.
3
LICENSE GRANT
3.1
The Service Provider hereby grants to you a non-exclusive right to use the Services in the Territory
for the life of the Product, or when the third party licenses, services and information required for
providing the Services become unavailable on commercially reasonable terms, or until the Service
Provider discontinues providing the Services in the form as they were provided when you
purchased the Product, whichever is the shortest.