Pioneer AVIC-9DVD, AVIC-80DVD Terms and Conditions for the Tele Atlas Data, Grant of License

Terms and Conditions for the Tele Atlas Data

THIS IS A LEGAL AGREEMENT (THE “AGREE- MENT”) BETWEEN YOU, THE END USER, AND TELE ATLAS NORTH AMERICA, INC. (“Tele Atlas”). BY USING YOUR COPY OF THE TELE ATLAS DATA, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1.Grant of License.

Tele Atlas grants you a non-transferable, non- exclusive license to use the map data and busi- ness points of interest information (the “POIs”), (together, the “Data”) contained on these discs, solely for personal, non-commercial use and not to operate a service bureau or for any other use involving the processing of data of other persons or entities. You may make one (1) copy of the Data for archival or backup purposes only but you may not otherwise copy, reproduce, modify, make derivative works, derive the structure of or reverse engineer the Data. The Data contains confidential and proprietary information and materials, and may contain trade secrets, so you agree to hold the Data in confidence and in trust and not to disclose the Data or any portions in any form, including by renting, leasing, publish- ing, leasing, sublicensing or transferring the Data to any third party.

2.Ownership.

The Data is copyrighted by Tele Atlas and its licensors and they retain all ownership rights in the Data. You agree not to alter, remove, obliter- ate, or obscure any copyright notice or proprie- tary legend contained in or on the Data.

3.Warranty Disclaimer.

THE DATA IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” AND TELE ATLAS, ITS LICENSORS, AND ITS LICENSED DISTRIBUTORS AND SUPPLIERS (COLLECTIVELY, “SUPPLI- ERS”) EXPRESSLY DISCLAIM ALL OTHER WAR- RANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRAN- TIES OF NON-INFRINGEMENT, MERCHANTABIL- ITY, EFFECTIVENESS, COMPLETENESS, ACCURACY, TITLE AND FITNESS FOR A PARTIC- ULAR PURPOSE. TELE ATLAS, ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE DATA WILL MEET YOUR REQUIREMENTS OR

THAT THE OPERATION OF THE DATA WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN ADVICE GIVEN BY TELE ATLAS, ITS LICENSORS, SUPPLIERS OR ANY OF THEIR RESPECTIVE EMPLOYEES CREATES A WAR- RANTY OR IN ANY WAY INCREASES TELE ATLAS’, ITS LICENSORS OR SUPPLIERS LIABIL- ITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS DISCLAIMER IS AN ESSENTIAL CONDITION OF THIS AGREE- MENT AND YOU ACCEPT THE DATA ON THIS BASIS.

4.Limitation of Liability.

IN NO EVENT SHALL TELE ATLAS’, ITS LICEN- SORS’ OR SUPPLIER’ AGGREGATE LIABILITY FOR ALL MATTERS ARISING OUT OF THE SUB- JECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR YOUR COPY OF THE TELE ATLAS DATA. TELE ATLAS, ITS LICEN- SORS AND SUPPLIERS SHALL NOT BE LIABLE IN ANY MATTER TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUP- TION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE DATA, EVEN IF TELE ATLAS, ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POS- SIBILITY OF SUCH DAMAGES.

5.Termination.

This Agreement will terminate immediately and automatically, without notice, if you breach any term of this Agreement. You agree that in the event of termination of the Agreement, you shall return the Data (including all documentation and all copies) to Tele Atlas and its suppliers.

6.Indemnity.

You agree to indemnify, defend and hold Tele Atlas, its Licensors, and its Suppliers (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, share- holders, agents and representatives) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any