Pioneer AVIC-N5 Terms and Conditions for the Tele Atlas Data, Limitation of Liability

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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.

1Grant of License.

Tele Atlas grants you a non-transferable, non- exclusive license to use the map data and business points of interest information (the “POIs”), (together, the “Data”) contained on these discs, solely for personal, non-commer- cial 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 other- wise copy, reproduce, modify, make derivative works, derive the structure of or reverse engi- neer 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. You are prohibited from removing or obscuring any copyright, tra- demark notice or restrictive legend.

2Ownership.

The Data is copyrighted by Tele Atlas and its li- censors and they retain all ownership rights in the Data. You agree not to alter, remove, oblit- erate, or obscure any copyright notice or pro- prietary legend contained in or on the Data.

3Warranty Disclaimer.

THE DATA IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” AND TELE ATLAS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN- CLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MER-

CHANTABILITY, SATISFACTORY QUALITY, AC- CURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRIT- TEN ADVICE OR INFORMATION PROVIDED BY TELE ATLAS OR ANY OF ITS AGENTS, EM- PLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH AD- VICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDI- TION OF THE AGREEMENT.

4Limitation of Liability.

TELE ATLAS SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DA- MAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTER- RUPTION OR THE LIKE, REGARDLESS OF WHETHER YOU WERE ADVISED OF THE POS- SIBILITY OF SUCH DAMAGES. NOTWITH- STANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TELE ATLAS SHALL HAVE NO MONETARY LIABILITY TO YOU FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.

5Termination.

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 Agree- ment, you shall return the Data (including all documentation and all copies) to Tele Atlas and its suppliers.

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