END USER LICENSE AGREEMENT FOR DISTRIBUTION BY HERE FOR THE AMERICAS/ASIA PACIFIC
END USER TERMS
The content provided ("Data") is licensed, not sold. By opening this package, or installing, copying, or otherwise using the Data, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you are not permitted to install, copy, use, resell or transfer the Data. If you wish to reject the terms of this agreement, and have not installed, copied, or used the Data, you must contact your retailer or HERE North America, LLC (as defined below) within thirty (30) days of purchase for a refund of your purchase price. To contact HERE, please visit www.here.com. The Data is provided for your personal, internal use only and may not be resold. It is protected by copyright, and is subject to the following terms (this "End User License Agreement") and conditions which are agreed to by you, on the one hand, and HERE and its licensors (including their licensors and suppliers) on the other hand. For purposes of these terms, "HERE" shall mean (a) HERE North America, LLC with respect to Data for the Americas and/or the Asia Pacific region and (b) HERE Europe B.V. for Data for Europe, the Middle East and/or Africa. The Data includes certain information and related content provided under license to HERE from third parties and is subject to the applicable supplier terms and copyright notices set forth at the following URL: here.com/supplier_terms.
TERMS AND CONDITIONS
License Limitations on Use: You agree that your license 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 CD-ROM 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 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 incomplete 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
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 CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF HERE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Export Control: You agree not to export from anywhere any part of the Data or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce. To the extent that any such export laws, rules or regulations prohibit HERE from complying with any of its obligations hereunder to deliver or distribute Data, such failure shall be excused and shall not constitute a breach of this Agreement.
Entire Agreement: These terms and conditions constitute the entire agreement between HERE (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Severability: You and HERE agree that if any portion of this agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Agreement shall be given full force and effect.
Governing Law: The above terms and conditions shall be governed by the laws of the State of Illinois (for Data for the Americas and/or the Asia Pacific region) or The Netherlands (for Data for Europe, the Middle East and Africa), without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. For any and all disputes, claims and actions arising from or in connection with the Data ("Claims"), you agree to submit to the personal jurisdiction of (a) the State of Illinois for Claims related to Data for the Americas and/or the Asia Pacific region provided to you hereunder, and (b) The Netherlands for Data for Europe, the Middle East and/or Africa provided to you hereunder.
Government End Users: If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, this Data is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with this End User License Agreement, and each copy of Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use", and be treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME:
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS:
425 West Randolph Street, Chicago, IL 60606.
This Data is a commercial item as defined in FAR 2.101 and is subject to the End User License Agreement under which this Data was provided. © 1987-2013 HERE. All rights reserved. If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify HERE prior to seeking additional or alternative rights in the Data.