ADDITONAL LEGAL NOTICES
The data ("Data") is provided for your personal, internal use
only and not for resale. It is protected by copyright, and is subject to the following terms and
conditions which are agreed to by you, on the one hand, and Intelligent Media Ventures, LLC
("Intelligent Media Ventures, LLC") and its licensors (including their licensors and
suppliers) on the other hand.
© 2002 Navigation Technologies Corporation All rights reserved.
TERMS AND CONDITIONS
Personal Use Only. You agree to use this Data together with Intelligent
Media Ventures, LLCs authorized Application for the solely personal, non-commercial purposes
or which you were licensed, and not for service bureau, time-sharing or other similar purposes.
Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy
this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that
you do not remove any copyright notices that appear and do not modify the Data in any way. You agree
not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of
this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent
permitted by mandatory laws.
Restrictions. Except where you have been specifically licensed to do so
by Intelligent Media Ventures, LLC, and without limiting the preceding paragraph, you may not (a)
use this Data with any products, systems, or applications installed or otherwise connected to or in
communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route
guidance, fleet management or similar applications; or (b) with or in communication with any
positioning devices or any mobile or wireless-connected electronic or computer devices, including
without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital
assistants or PDAs.
No Warranty. This Data is provided to you "as is," and you
agree to use it at your own risk. Intelligent Media Ventures, LLC and its licensors (and their
licensors and suppliers) make no guarantees, representations or warranties of any kind, express or
implied, arising by law or otherwise, including but not limited to, content, quality, accuracy,
completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or
results to be obtained from this Data, or that the Data or server will be uninterrupted or
error-free.
Disclaimer of Warranty: INTELLIGENT MEDIA VENTURES, LLC AND ITS
LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF
QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some
States, Territories and Countries do not allow certain warranty exclusions, so to that extent the
above exclusion may not apply to you.
Disclaimer of Liability: INTELLIGENT MEDIA VENTURES, LLC AND ITS
LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY
CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION
ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR
POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF INTELLIGENT
MEDIA VENTURES, LLC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some
States, Territories and Countries do not allow certain liability exclusions or damages limitations,
so to that extent the above may not apply to you.
Disclaimer of Endorsement: Reference to any products, services, processes,
hypertext links to third parties or other Data by trade name, trademark, manufacturer, supplier or
otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by
Intelligent Media Ventures, LLC or its licensors. Product and service information are the sole
responsibility of each individual vendor. The Navigation Technologies name and logo, the NAVTECH and
NAVTECH ON BOARD trademarks and logos, and other trademarks and trade names owned by Navigation
Technologies Corporation may not be used in any commercial manner without the prior written consent
of Navigation Technologies.
Export Control. You agree not to export from anywhere any part of the
Data provided to you or any direct product thereof except in compliance with, and with all licenses
and approvals required under, applicable export laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold Intelligent Media
Ventures, LLC and its licensors (including their respective licensors, suppliers, assignees,
subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders,
agents and representatives of each of them) free and harmless from and against any liability, loss,
injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind
or character, including but not limited to attorneys fees, arising out of or in connection
with any use or possession by you of this Data.
Entire Agreement. These terms and conditions constitute the entire
agreement between Intelligent Media Ventures, LLC (and its licensors, including their licensors and
suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and
all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law. The above terms and conditions shall be governed by the
laws of the 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 the NAVTECH Data is being acquired 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, (i) for acquisitions conducted by the
Department of Defense, the NAVTECH Data is licensed with "Limited Rights" in accordance
with the rights set forth at DFARS 252.227-7013(b)(3), Technical Data-Noncommercial Items, and
NAVTECH Data delivered or otherwise furnished with "Limited Rights" shall be marked with
the following "Limited Rights Notice" set forth at DFARS 252.227-7013(f)(3), and shall be
treated in accordance with such Notice:
|
Limited Rights
Contract No.: __________________________________________________
Contractor (Manufacturer/ Supplier) Name: Navigation Technologies Corporation
Contractor (Manufacturer/Supplier) Address: 222 Merchandise Mart Plaza, Suite 900,
Chicago, Illinois 60654
The Government's rights to use, modify, reproduce, release, perform, display, or
disclose these technical data are restricted by paragraph (b)(3) of the Rights in Technical
Data-Noncommercial Items clause contained in the above identified contract. Any reproduction of
technical data or portions thereof marked with this legend must also reproduce the markings. Any
person, other than the Government, who has been provided access to such data must promptly notify
the above named Contractor.
|
and; (ii) for civilian agency acquisitions, the NAVTECH Data is licensed in
accordance with the rights set forth at FAR 52.227-14(g)(1), Rights in Data-General (Protection
of limited rights data and computer software). In the event that the Contracting Officer
requires the delivery of limited rights NAVTECH Data that has been withheld or would otherwise be
withholdable in accordance with FAR 52.227-14(g)(1), the NAVTECH Data is licensed with "Limited
Rights" as set forth in the following "Limited Rights Notice" at FAR 52.227-14(g)(2)
(Alternate II), which shall be affixed to the NAVTECH Data and the NAVTECH Data shall be treated in
accordance with such Notice (which shall be marked on any reproduction of these data, in whole or in
part):
|
LIMITED RIGHTS NOTICE (JUN 1987)
These data are submitted with limited rights under Government Contract No.
_____ (and subcontract ______, if appropriate). These data may be reproduced and used by the
Government with the express limitation that they will not, without written permission of the
Contractor, be used for purposes of manufacture nor disclosed outside the Government; except that
the Government may disclose these data outside the Government for the following purposes, if any,
provided that the Government makes such disclosure subject to prohibition against further use and
disclosure: There are no additional purposes permitting disclosure of such Data.
The manufacturer/supplier of the Data is Navigation Technologies Corporation,
222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654.
|
If the Contracting Officer refuses to use either of the licenses provided in (i)
or (ii), herein, the Contracting Officer must notify Navigation Technologies Corporation prior to
seeking additional or alternative rights in the NAVTECH Data.