DATABASE"). BY DULY SIGNING AND RETURNING THIS AGREEMENT TO US AND IN ANY EVENT BY USING THE DATABASE,YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS OF THIS END USER LICENSE AGREE- MENT ("EULA"). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PROMPTLY RETURN THE DATABASE,ALONG WITH ALL OTHER ACCOMPA- NYING ITEMS,TO YOUR SUPPLIER FOR A REFUND.
OWNERSHIP
The database and the copyrights and intellectual property or neighboring rights therein are owned by Navigation Technologies or its licensors. Ownership of the media on which the Database is contained is retained by Navigation Technologies and/or your supplier until after you have paid in full any amounts due to Navigation Technologies and/or your supplier pursuant to this EULA or similar agreement(s) under which goods are provided to you.
LICENSE GRANT
Navigation Technologies grants you a
LIMITATIONS ON USE
The Database is restricted for use in the specific system for which it was created. Except to the extent explicitly permitted by mandatory laws (e.g. national laws based on the European Software Directive (91/250) and the Database Directive (96/9)), you may not extract or reutilize substantial parts of the contents of the Database nor reproduce, copy, modify, adapt, translate, disassemble, decompile, reverse engineer any portion of the Database. If you wish to obtain interoperabil- ity information as meant in (the national laws based on) the European Software Directive, you shall grant Navigation Technologies reasonable opportunity to pro- vide said information on reasonable terms, including costs, to be determined by Navigation Technologies.
TRANSFER OF LICENSE
You may not transfer the Database to third parties, except when installed in the system for which it was created or when you do not retain any copy of the Database, and provided that the transferee agrees to all terms and conditions of this EULA and confirms this in writing to Navigation Technologies.
LIMITED WARRANTY
Navigation Technologies warrants that, subject to the Warnings set out below, for a period of 12 months after acquisition of your copy of the Database, it will per- form substantially in accordance with Navigation Technologies' Criteria for Accuracy and Completeness existing on the date you acquired the Database; these criteria are available from Navigation Technologies at your request. If the Database does not perform in accordance with this limited warranty, Navigation Technologies will use reasonable efforts to repair or replace your
Database or to rescind this EULA.This shall be Navigation Technologies' entire liability and your sole remedy against Navigation Technologies. Except as expressly provided in this section, Navigation Technologies does not warrant nor make any representations regarding the use of results of the use of the database in terms of its correctness, accuracy, reliability, or otherwise. Navigation Technologies does not warrant that the Database is or will be error free. No oral or written infor- mation or advice provided by Navigation Technologies, your supplier or any other person shall create a warranty or in any way increase the scope of the limited warranty described above.The limited warranty set forth in this EULA does not affect or prejudice any statutory legal rights that you may have under the legal warranty against hidden defects.
If you did not acquire the Database from Navigation Technologies directly, you may have statutory rights against the person from whom you have acquired the Database in addition to the rights granted by Navigation Technologies hereunder according to the law of your jurisdiction.The above warranty of Navigation Technologies shall not affect such statutory rights and you may assert such rights in addition to the warranty rights granted herein.
LIMITATION OF LIABILITY
The price of the Database does not include any consideration for assumption of risk of consequential, indirect or unlimited direct damages which may arise in connection with your use of the Database. Accordingly, in no event shall Navigation Technologies be liable for any consequential or indirect damages, including without limitation, loss of revenue, data, or use, incurred by you or any third party arising out of your use of the Database, whether in an action in con- tract or tort or based on a warranty, even if Navigation Technologies has been advised of the possibility of such damages. In any event Navigation Technologies' liability for direct damages is limited to the price of your copy of the Database.
THE LIMITED WARRANTY AND LIMITATION OF LIABILITY, SET FORTH IN THIS EULA, DO NOT AFFECT OR PREJUDICE YOUR STATUTORY RIGHTS WHERE YOU HAVE ACQUIRED THE DATABASE OTHERWISE THAN IN THE COURSE OF A BUSINESS.
WARNINGS
The Database reflects reality as existing before you received the Database and it comprises data and information from government and other sources, which may contain errors and omissions. Accordingly, the Database may contain inaccurate or incomplete information due to the passage of time, changing circumstances, and due to the nature of the sources used.The Database does not include or reflect information on - inter alia - neighborhood safety; law enforcement; emer- gency assistance; construction work; road or lane closures; vehicle or speed restrictions; road slope or grade; bridge height, weight or other limits; road or traffic conditions; special events; traffic congestion; or travel time.
GOVERNING LAW |
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This Agreement shall be governed by the laws of the jurisdiction, in which you |
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reside at the date of acquisition of the Database. Should you at that | - 102 - |
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