NAVIGATION
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TERMS AND CONDITIONS
License Limitations on Use: You agree that
your li¬cense to use this Data is limited to and
conditioned on use for solely personal,
noncommercial purposes, and not for service
bureau, timesharing or other similar purposes.
Except as otherwise set forth herein, 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.
License Limitations on Transfer: Your limited
license does not allow transfer or resale of the
Data, except on the condition that you may
transfer the Data and all accompanying
materials on a permanent basis if: (a) you
retain no copies of the Data; (b) the recipient
agrees to the terms of this End User License
Agreement; and (c) you transfer the Data in
the exact same form as you purchased it by
physically transferring the original media (e.g.,
the CDROM or DVD you purchased), all
original packaging, all Manuals and other
documentation. Specifically, Multidisc sets
may only be transferred or sold as a complete
set as provided to you and not as a subset
thereof.
Additional License Limitations: Except
where you have been specifically licensed to
do so by HERE in a separate written
40
agreement, and without limiting the preceding
paragraph, your license is conditioned on use
of the Data as prescribed in this agreement,
and 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, including without limitation, cellular
phones, palmtop and handheld computers,
pagers, and personal digital assistants or
PDAs.
Warning: This Data may contain inaccurate or
incom¬plete information due to the passage
of time, changing circumstances, sources
used and the nature of collecting
comprehensive geographic Data, any of which
may lead to incorrect results.
No Warranty: This Data is provided to you "as
is", and you agree to use it at your own risk.
HERE 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: HERE AND ITS
LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR
NONINFRINGEMENT. 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: HERE 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 THIS DATA; 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 DATA, ANY DEFECT IN THIS DATA, OR
THE BREACH OF THESE TERMS OR
CON¬DITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF HERE OR ITS