Tele Atlas North America , Inc. - The Digital Mapping Company

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IMPORTANT - READ CAREFULLY BEFORE ACCESSING THIS WEB SITE.

By accessing this web site you accept this Agreement.

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND Tele Atlas North America , INC. BY ACCESSING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THIS WEB SITE.

1. GRANT OF LICENSE. Tele Atlas North America grants you a non-transferable, non-exclusive license to use the map images and information contained on this web site (the "Products"), solely for your own personal use, only with one central processing unit at any one time. Business uses are expressly prohibited. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Products. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Products or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means. You shall not use the Products to operate a service bureau or for any other use involving the processing of data of or for other persons or entities. You do not receive any, and Tele Atlas North America retains all, ownership rights in the Products. The Products are copyrighted and may not be copied, even if modified or merged with other Products. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Products.

2. LIMITED WARRANTY AND LIABILITY. The Products are provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Products. The Products are complex and may contain some nonconformities, defects or errors. Tele Atlas North America does not warrant that the Products will meet your needs or expectations, that operations of the Products will be error free or uninterrupted, or that all nonconformities can or will be corrected. This Limited Warranty is non-transferable.

THE EXPRESS WARRANTY IN THIS SECTION 2 IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY Tele Atlas North America . Tele Atlas North America MAKES AND USER RECEIVES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. THE STATED EXPRESS WARRANTY IS THE EXCLUSIVE REMEDY FOR DAMAGES AND IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF Tele Atlas North America .

IN NO EVENT SHALL Tele Atlas North America BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY USER (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA) IRRESPECTIVE OF WHETHER Tele Atlas North America HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF Tele Atlas North America 'S LIMITED WARRANTY OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT Tele Atlas North America 'S LIABILITY SHALL NOT EXCEED $100.00. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal, state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

3. MISCELLANEOUS. This is the exclusive Agreement between Tele Atlas North America and you regarding its subject matter. You may not assign any part of this Agreement without Tele Atlas North America 's prior written consent. This Agreement shall be governed by the internal laws of California. You shall pay any taxes on the Products or transactions, except for those based on Tele Atlas North America 's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any notice under this Agreement shall be delivered by U.S. certified mail, return receipt requested, or by overnight courier to Tele Atlas North America at the address below.

COMMERCIAL COMPUTER SOFTWARE

The Products are a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995) consisting of "commercial computer software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Governmental End Users acquire the software with only those license rights set forth herein. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that these Products are trade secret and proprietary commercial products and not subject to disclosure. The Products are copyright (c) 1984-2001 by Tele Atlas North America , Inc. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.


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