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END USER LICENSE AGREEMENT (HERE)
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFUL BEFORE
USING THE HERE DATABASE
NOTICE TO THE USER
THIS IS A LICENSE AGREEMENT - AND NOT AN AGREEMENT FOR SALE
- BETWEEN YOU AND HERE B.V. FOR YOUR COPY OF THE HERE
NAVIGABLE MAP DATABASE, INCLUDING ASSOCIATED COMPUTER
SOFTWARE, MEDIA AND EXPLANATORY PRINTED DOCUMENTATION
PUBLISHED BY HERE (JOINTLY ”THE DATABASE”). BY USING THE
DATABASE, YOU ACCEPT AND AGREE TO ALL TERMS AND
CONDITIONS OF THIS END USER LICENSE AGREEMENT
(“AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PROMPTLY RETURN THE DATABASE, ALONG WITH ALL
OTHER ACCOMPANYING ITEMS, TO YOUR SUPPLIER FOR A REFUND.
OWNERSHIP
The Database and the copyrights and intellectual property or
neighboring rights therein are owned by HERE or its licensors.
Ownership of the media on which the Database is contained is
retained by HERE and/or your supplier until after you have paid in full
any amounts due to HERE and/or your supplier pursuant to this
Agreement or similar agreement(s) under which goods are provided
to you.
LICENSE GRANT
HERE grants you a non-exclusive license to use the Database for your
personal use or, if applicable, for use in your business’ internal
operations. This license does not include the right to grant sub-
licenses.
LIMITATIONS ON USE
The Database is restricted for use in the specific system for which it
was created. Except to the extent explicitly permitted by mandatory
laws (e.g. national laws based on the European Software Directive
(91/250) and the Database Directive (96/9)), you may not extract or
reutilize substantial parts of the contents of the Database nor
reproduce, copy, modify, adapt, translate, disassemble, decompile,
reverse engineer any portion of the Database. If you wish to obtain
interoperability information as meant in (the national laws based on)
the European Software Directive, you shall grant HERE reasonable
opportunity to provide said information on reasonable terms,
including costs, to be determined by HERE.
TRANSFER OF LICENSE
You may not transfer the Database to third parties, except when
installed in the system for which it was created or when you do not
retain any copy of the Database, and provided that the transferee
agrees to all terms and conditions of this Agreement and confirms
this in writing to HERE. Multi-disc sets may only be transferred or sold
as a complete set as provided by HERE and not as subset thereof.
LIMITED WARRANTY
HERE warrants that, subject to the warnings set out below, for a
period of 12 months after acquisition of your copy of the Database, it
will perform substantially in accordance with HERE’s Criteria for
Accuracy and Completeness existing on the date you acquired the
Database; these criteria are available from HERE at your request. If the
Database does not perform in accordance with this limited warranty,
HERE will use reasonable efforts to repair or replace your non-
conforming copy of the Database. If these efforts do not lead to
performance of the Database in accordance with the warranties set
out herein, you will have the option to either receive a reasonable
refund of the price you paid for the Database or to rescind this
Agreement. This shall be HERE’s entire liability and your sole remedy
against HERE. Except as expressly provided in this section, HERE does
not warrant nor make any representations regarding the use of
results of the use of the Database in terms of its correctness, accuracy,
reliability, or otherwise. HERE does not warrant that the Database is or
will be error free. No oral or written information or advice provided by
HERE, your supplier or any other person shall create a warranty or in
any way increase the scope of the limited warranty described above.
The limited warranty set forth in this Agreement does not affect or
prejudice any statutory legal rights that you may have under the legal
warranty against hidden defects.
If you did not acquire the Database from HERE directly, you may have
statutory rights against the person from whom you have acquired the
Database in addition to the rights granted by HERE hereunder
according to the law of your jurisdiction. The above warranty of HERE
shall not affect such statutory rights and you may assert such rights in
addition to the warranty rights granted herein.
LIMITATION OF LIABILITY
The price of the Database does not include any consideration for
assumption of risk of consequential, indirect or unlimited direct
damages which may arise in connection with your use of the
Database. Accordingly, in no event shall HERE be liable for any
consequential or indirect damages, including without limitation, loss
of revenue, data, or use, incurred by you or any third party arising out
of your use of the Database, whether in an action in contract or tort or
based on a warranty, even if HERE has been advised of the possibility
of such damages. In any event HERE’s liability for direct damages is
limited to the price of your copy of the Database.
THE LIMITED WARRANTY AND LIMITATION OF LIABILITY, SET FORTH IN
THIS AGREEMENT, DO NOT AFFECT OR PREJUDICE YOUR STATUTORY
RIGHTS WHERE YOU HAVE ACQUIRED THE DATABASE OTHERWISE
THAN IN THE COURSE OF A BUSINESS.
WARNINGS
The Database 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. The Database does not include or reflect
information on - inter alia - neighborhood safety; law enforcement;
emergency assistance; construction work; road or lane closures;
vehicle or speed restrictions; road slope or grade; bridge height,
weight or other limits; road or traffic conditions; special events; traffic
congestion; or travel time.
