3
Terms and conditions in relation
to the Tele Atlas navigation data
Object and right of use: This agreement relates to
the digital map data (the ‘data’) included in the
accompanying package. Tele Atlas grants the
buyer the right to use the data combined with
one (1) car navigation system. The buyer only
becomes the owner of the material data carrier
and does not acquire the ownership of the data.
The buyer is not permitted to fully or partly modify
the data, to combine it with software, to analyse it
by means of reverse-engineering, or to make
products derived from it. The buyer is explicitly
prohibited from downloading the digital maps
and programs contained in the data or from
transferring these to another data carrier or com-
puter. If the buyer should sell or otherwise part
with the data carrier, he must impose the obliga-
tions contained in this agreement on the
receiver. Unauthorized hiring, lending, public
performance and broadcasting is prohibited.
Guarantee and liability: The use of the data in a
navigation system means that calculation errors
can occur caused by local environmental condi-
tions and/or incomplete data. For the above men-
tioned reasons Tele Atlas can not warrant that
the data operates error-free. To the extent permit-
ted by national laws, Tele Atlas shall not be liable
for any damages arising out of the use of the
data, except for damages caused by gross negli-
gence or intent.
THE TELE ATLAS DATA ARE PROVIDED ON AN
“AS IS” AND “WITH ALL FAULTS BASIS”
TELE ATLAS AND ITS LICENSORS :
—EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY,
MERCHANTABLE QUALITY, EFFECTIVENESS,
COMPLETENESS, ACCURACY, TITLE AND FIT-
NESS FOR A PARTICULAR PURPOSE. NO
ORAL OR WRITTEN ADVICE OR INFORMA-
TION PROVIDED BY TELE ATLAS OR ITS
LICENSORS, SHALL CREATE A WARRANTY,
AND LICENSEE IS NOT ENTITLED TO RELY ON
ANY SUCH ADVICE OR INFORMATION, AND
—SHALL IN NO EVENT BE LIABLE TO LICENSEE
FOR MATTERS ARISING OUT OF THE SUB-
JECT MATTER OF THE AGREEMENTS,
WHETHER IN CONTRACT, TORT OR OTHER-
WISE , AND
—SHALL NOT BE LIABLE TO LICENSEE FOR
ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSI-
NESS INFORMATION, AND THE LIKE) ARIS-
ING OUT OF THE AGREEMENTS OR THE USE
OF OR INABILITY TO USE THE TELE ATLAS
DATA, EVEN IF THEY HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Licensee shall indemnify Tele Atlas and its licen-
sors and their respective officers, employees and
agents, from and against all claims, demands or
actions, irrespective of the nature of the cause of
the claim, demand or action alleging loss, costs,
expenses, damages or injuries (including injuries
resulting from death) arising out of the use of the
Tele Atlas data.
