You as used herein refers to you as an individual end user of HERE Products and/or the company or other legal entity which uses HERE Products for its internal business purposes and on behalf of which you are using the HERE Products ("you" or "your").
2) Minimum Age and Authorization
If you as an individual user are accepting the Terms on behalf of the company or other legal entity, you represent and warrant that you have the authority to do so.
3) Personal Data
Subject to your full and continued compliance with the Terms and the applicable laws, HERE grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited personal license to access HERE Products for your own use or use within your company.
5) Supplier Content, Third-Party Websites and Additional Terms
HERE Products may include content from suppliers which are subject to the acknowledgements and terms available here or links to third party websites. You hereby agree to adhere to the terms applicable to such third-party content. HERE is not responsible for third party websites and a link to such website does not imply any endorsement of such website. Additional terms of third-party content, products or services may apply where made accessible via HERE Products.
6) Your Content
You may be able to submit content or other information ("Your Content") to HERE. Unless otherwise agreed with HERE in accordance with clause 20 of the Terms below, you must own or otherwise control all rights, including copyrights, to Your Content and HERE does not claim ownership in Your Content.
By submitting Your Content to HERE, you grant HERE, its affiliates and its suppliers a world-wide, non-exclusive, sub-licensable, royalty-free, perpetual and irrevocable license to use, store, copy, publicly perform, display, distribute, modify and create derivative works from Your Content for the purposes of providing, promoting, monetizing and improving HERE Products and other products and services by HERE, its affiliates, and its suppliers.
HERE may remove any content stored, sent or otherwise processed via HERE Products if necessary to protect its rights or the rights of third parties. HERE may do so with immediate effect and without prior notice, but it will try to inform you in advance to give you reasonable time to mitigate the infringement itself. To the extent permitted by law, HERE shall inform you of any reports received from a third party alleging infringement of their rights with respect to data uploaded by you.
You may but have no obligation to provide feedback, comments, ideas or other suggestions regarding HERE Products ("Feedback") to HERE. If you provide any Feedback to HERE, you agree that HERE, its affiliates and its suppliers may use such Feedback for any purpose, without limitation and without any obligation to you.
8) Acceptable Use Policy
Your use of HERE Products is subject to your compliance with the Acceptable Use Policy. Any restrictions mentioned in the Acceptable Use Policy, these Terms or otherwise described by HERE do not apply to the extent that such use cannot be prohibited by HERE contractually due to applicable mandatory law (dwingend recht).
9) Modifications and Availability of HERE Products
To the maximum extent permitted by applicable mandatory law (dwingend recht), HERE may, in its sole discretion, modify, update, discontinue or limit the availability of HERE Products in whole or in part, such as for reasons related to maintenance, development of functionality, or requiring payment for functionality that was previously provided free-of-charge. HERE will strive to provide a notification of changes that may significantly impact the use of HERE Products to the end users of HERE Products.
HERE Products may not be accessible from all countries, may be provided only in selected languages and may not be available during maintenance breaks and operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
The discontinuation of HERE Products at any time result in deletion of Your Content from HERE Products.
10) Exclusion of Warranty
HERE PRODUCTS ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW (DWINGEND RECHT), NEITHER HERE, ITS AFFILIATES NOR ITS SUPPLIERS WARRANT THAT HERE PRODUCTS WILL BE UNINTERRUPTED, ERROR OR VIRUS-FREE, ACCURATE OR COMPLETE. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT FROM OR WITHIN HERE PRODUCTS.
11) Limitation of Liability
YOUR USE OF HERE PRODUCTS IS AT YOUR OWN DISCRETION AND SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY MANDATORY LAW (DWINGEND RECHT), HERE, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR LOST PROFITS, LOST REVENUES, LOSS OR RECOVERY OF DATA, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR EXPENSES OF ANY KIND. IN NO EVENT SHALL THE TOTAL LIABILITY OF HERE, REGARDLESS OF THE LEGAL BASIS OF THE CLAIM (E.G. TORT, CONTRACT OR OTHERWISE), ITS AFFILIATES AND SUPPLIERS TO YOU EXCEED THE AMOUNT OF FIFTY EURO (50.00 €). THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS SHALL NOT APPLY TO DAMAGES AS A RESULT OF INTENT OR DELIBERATE RECKLESSNESS (OPZET OF BEWUSTE ROEKELOOSHEID) BY HERE.
12) Your safe use of HERE Products
Location or map data, directions or other features or content included in or accessible by HERE Products may be inaccurate or incomplete and may depend on network availability. You need to rely on your own judgement and take into account the real-world conditions. You are responsible for your own conduct and must observe the local laws when using HERE Products. HERE Products are not intended to be relied upon in situations where precise data is needed or where inaccurate or incomplete data may lead to death, personal injury.
You agree to indemnify and hold harmless HERE, its affiliates, contractors and suppliers from any demands, loss, liability, claims or expenses (including attorney’s fees) arising out of or related to your violation of any of the Terms and/or out of the use of HERE Products.
14) Choice of Law and Venue
The Terms are exclusively governed by the laws of the Netherlands without regard to its conflicts of law provisions. Any dispute between you and HERE related to the Terms or the use of HERE Products shall be submitted to the competent court in Amsterdam, the Netherlands. This exclusive designation of applicable law and forum shall leave unaffected your rights under the mandatory laws (dwingend recht) of your own country of residence in the European Union.
15) Changes in Terms
HERE may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, HERE will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. You hereby agree that your continued use of HERE Products constitutes your compelling evidence of your consent to any changes and modification. If you do not agree to the modifications to the Terms, you may not continue to use HERE Products.
16) Intellectual Property
HERE and its suppliers retain all intellectual property and other rights, title and interest in HERE Products and in all other HERE products, content, software and other properties provided or used through HERE Products.
17) Term and Termination
The agreement under the Terms becomes valid when you have accepted the Terms or start using HERE Products, whichever occurs earlier. You may terminate (opzeggen) the agreement under the Terms at any time by ceasing to use HERE Products and any and all rights granted to you by HERE under these Terms will automatically and immediately be revoked. HERE may suspend your access to HERE Products or terminate (ontbinden) agreement (a) with immediate effect and without a prior notice in case you are in breach of the Terms or HERE reasonably believes that you are in breach of the Terms or applicable law or have not used HERE Products for a period of six (6) months; and (b) for any reason with three (3) months prior written notice. The provisions of the Terms that are intended to survive termination, such as all rights granted by you to HERE and any indemnifications provided by you to HERE, remain valid after termination.
18) US Government End Users
HERE Products are "Commercial Items" as that term is defined at 48 C.F.R. 2.101 and may only be licensed to United States Government end users as Commercial Items in accordance with the Terms.
19) Copyright Infringement Notices
If you believe that your copyrights have been infringed in HERE Products you may provide a notice by (a) email with "Copyright Infringement Notice" in the subject line to firstname.lastname@example.org, (b) by mailing a document titled "Copyright Infringement Notice" to HERE North America LLC, Attn: Copyright Agent/Legal Department, 425 W. Randolph Street, Chicago, Illinois 60606, USA or (c) via an online form, if available. In your notice you must:
• identify the original copyrighted work you claim is infringed;
• identify the content in HERE Products that you claim is infringing the copyrighted work and where it is located;
• provide your full name, mailing address, telephone number, and email address;
• provide a statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;
• provide a statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner, or are authorized to act on behalf of the copyright owner of an exclusive right that is claimed to be infringed; and
• provide your physical or electronic signature.
20) Order of Precedence
You may have executed a separate agreement with HERE for the use of HERE Products. In case of any conflict between such separate agreement and the Terms, the terms of the separate agreement prevail.
The Terms are between you and HERE, except to the extent explicitly mentioned otherwise in these Terms. If a provision in the Terms is not enforceable under applicable mandatory law (dwingend recht), then the unenforceable part of the provision shall be removed, and the other provisions remain in full force and effect. There will not be any waiver of HERE’s rights unless expressly agreed to by HERE in writing. You may not assign or transfer your rights and obligations under the Terms without HERE’s express written consent. HERE may assign its rights and obligations under the Terms to its corporate parent, its subsidiaries, or to any company under common control with HERE. Additionally, HERE may assign its rights and obligations under the Terms to a third party in connection with a merger, acquisition, sale of assets or by operation of law.
22) Accessing HERE Products via iOS
If you are using HERE Products via mobile apps available in the Apple App-store, the following terms will also apply:
Apple Inc. ("Apple") is not a party to these Terms and HERE is responsible for the offering and content of HERE Products via mobile apps of HERE and its partners in the Apple App-store. To the extent that these Terms deviate from Apple’s Media Services Terms and Conditions, the latter terms apply and shall have priority and you hereby acknowledge that you have had the opportunity to review them. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the HERE Products and related mobile apps. In the event of any failure of HERE Products and mobile apps used to access HERE Products to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the HERE Products and the mobile app used to access HERE Products, and Apple shall not be liable for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms if you access HERE Products via iOS, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this clause of the Terms against you as a third-party beneficiary.