License Agreement for RouteBuddy Products
This License Agreement includes all RouteBuddy Software and Digital Map Products
The following is a legal software licence agreement between you, the end user, and RouteBuddy Ltd, which covers your use of software and content provided by RouteBuddy Ltd. Carefully read this licence agreement before using the Software.
Installing the Software on a device indicates that you have read this licence agreement, agreed to its terms and have accepted download purchase. If you purchased a physical product such as software, data or maps on a CD / DVD / USB Flash stick or Hard Drive and, prior to installation, do not agree to the terms of the licence, you may return the RouteBuddy software and maps or data to the place where you obtained it for a refund, with full return postage costs being your own responsibility. If the RouteBuddy software was downloaded then you have by-default-accepted ownership of the software, however you may click DISAGREE/DECLINE if you do not accept the use-conditions and do not wish to install the software, maps or data. For RouteBuddy software included with your purchase of hardware, you must return the entire hardware/software package in order to obtain a refund.
You have the right to cancel within seven days of your contract with us, or seven days of receipt of the goods (whichever is the longer). If you do cancel your order, you will have your payment returned. Please contact email@example.com if you wish to apply for a refund.
If a payment has been made in error, please contact firstname.lastname@example.org, refunds are at managers’ discretion.
Note: Refunds may be subject to deductions of external costs which, it is agreed, are not borne by RouteBuddy, these are usually eCommerce and Credit Card fees but may also include a nominal amount to cover for management of any transaction or restocking / cancellation of product licence codes.
1. Grant of Licence
This licence permits you to use one copy of the Software, documentation and any fonts or images accompanying this licence whether on disk, in read only memory, on any other media or in any other form (collectively the "RouteBuddy Software") on any single device. For each software licensee, the program can be "in use" on only one computer or hardware device at any given time. The Software is "in use" when it is either loaded into RAM or installed into the hard disk or other permanent memory of a hardware device. This licence does not provide for the software to be installed on a network server for distribution to other devices or end-users. You may not modify, translate, reverse assemble, decompile, disassemble or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Software, including without limitation any such mechanism used to restrict or control the functionality of the Software, or (ii) to derive the source code or the underlying ideas, algorithms, structure or organisation from the Software (except to the extent that such activities may not be prohibited under applicable law). Our data providers are third party beneficiaries of rights granted under this licence but are not party to the licence granted herein and shall have no obligations thereunder.
Your rights under this licence will terminate automatically without notice from RouteBuddy if you fail to comply with any term(s) of this licence.
2. Permitted Licence Uses and Restrictions
This software is for non-commercial use only and your rights to the Software are strictly limited to home, personal or recreational use only by you and not for the benefit of third parties. The geographical information made available for display using the Software is provided under a nonexclusive, non-transferable licence for use only by you. You may not use the Software or the geographical information made available for display using the Software, or any prints or screen outputs generated with the Software in any commercial or business environment or for any commercial or business purposes for yourself or any third parties. This licence allows you to install and use the RouteBuddy Software. The RouteBuddy Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorised or legally permitted to reproduce. You may not make the RouteBuddy Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the RouteBuddy Software in machine-readable form for backup purposes only; provided that the backup copy includes all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this licence or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the RouteBuddy Software or any part thereof. Printouts, photocopies, Portable Document Formats, and any form of saved image format of maps, mapping components, text, graphics and index tables may be taken for your own use including for use in personal educational and personal research documents and projects. Printouts, photocopies, Portable Document Formats, and any form of saved image format of maps, mapping components, text, graphics and index tables may not be be circulated for republication, promotional purposes or sale, nor may they be taken and used interactively with any software program other than the RouteBuddy Application. Copyright in this material irrespective of its form of presentation will however vest in the owners of the original map data. please refer to the legal notices of our data suppliers.
THE ROUTEBUDDY SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT OR MARINE NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL MACHINES/SYSTEMS, OR ANY OTHER SUCH HAZARDOUS ACTIVITY OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE ROUTEBUDDY SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
RouteBuddy software is designed for route-planning and transfer of route data, and some-but-not-all-maps, to a GPS device; The software is not intended for navigation, nor intended for route guidance en-route, the user accepts that for emergency use he or she could use features provided within the software for 'emergency-navigation-only' and are to be used at their own risk. Furthermore extra precautions should be taken as the software, maps and data contained therein are not solely to be relied on as they are all subject to change over time. It is understood between RouteBuddy Ltd and the RouteBuddy software user that care and caution are taken at all times along with utilising self-common-sense in operation of the software.
It is agreed between user and RouteBuddy Ltd that RouteBuddy do not accept responsibility for the data in any map, or POI, route or trail data, we resell or offer or for any Errors or Omissions in the said data.
If any user decides to use a RouteBuddy map or chart in the air whilst piloting or navigating an aircraft then they do so at their own risk; RouteBuddy software is not intended for aerial navigation or routing but only planning before (or analysing data after) the event.
3. RouteBuddy Store, Maps, POI, Route and Trails Store, Data and other Services
This software enables access to RouteBuddy's Store, for Maps, POIs, Routes and Trails and other map based information, for sale and other services (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms of service which will be presented to you before you can use such Services.
You understand that by using any of the Services from RouteBuddy users on any of the pages supported by RouteBuddy users such as "Users' Data" and in the RouteBuddy Forum, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that RouteBuddy shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and RouteBuddy categories and sub-categories and the like) and descriptions are provided for your convenience, and you acknowledge and agree that RouteBuddy does not guarantee their accuracy or content.
Certain Services may include materials from third parties or links to certain third party web sites. You acknowledge and agree that RouteBuddy is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. RouteBuddy does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that RouteBuddy is not in any way responsible for any such use by you.
You agree that the Services, including but not limited to - graphics, map images and files, and editorial content, contain proprietary information and material that is owned by RouteBuddy and/or its licensors and/or partners, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.
RouteBuddy and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will RouteBuddy be liable for the removal of or disabling of access to any such Services. RouteBuddy may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
The Software that is licensed is protected by copyright laws, international treaty provisions, and all other applicable national laws. The Software must be treated like all other copyrighted materials (e.g. books and musical recordings). This licence does not allow the Software to be rented or leased, lent or sub-licensed subject to you being allowed to make a one-time permanent transfer of all of your licence rights to the RouteBuddy software to another party, provided that you may not rent, lease, lend or sublicensee the RouteBuddy Software.
Title, ownership rights, and all intellectual property rights in and to the Software and any accompanying documentation, and any copy of the foregoing, shall remain the sole and exclusive property of our data suppliers or RouteBuddy Ltd (where applicable), and/or its third party licensors and/or partners. You agree to abide by the copyright law and all other applicable laws. You acknowledge that the Software contains valuable confidential information and trade secrets of its right holders.
6. Limited Warranty on Media
RouteBuddy warrants the media on which the RouteBuddy software is recorded and delivered by RouteBuddy to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of original retail purchase. Your exclusive remedy under this section shall be, at RouteBuddy's option, replacement of the RouteBuddy software which is returned to RouteBuddy or an authorised representative with a copy of the receipt. This Limited Warranty and any Implied Warranties on the media including, but not limited to, the implied warranties of merchantability, of satisfactory quality, and of fitness for a particular purpose, are limited in duration to ninety (90) days from the date of the original retail purchase. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. The limited warranty set forth herein is the only warranty made to you and is provided in lieu of any other warranties (if any) created by any documentation or packaging. This limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ROUTEBUDDY OR ROUTEBUDDY'S DATA SUPPLIERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ROUTEBUDDY SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ROUTEBUDDY OR ROUTEBUDDY'S DATA SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall RouteBuddy's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty pounds sterling (GBP/50.00), The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Warranty Disclaimer
NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THIS SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES FOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ROUTEBUDDY AND ROUTEBUDDY'S DATA SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES NOT STATED HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU, AND NOT ROUTEBUDDY, ANY OF ROUTEBUDDY'S DATA SUPPLIERS OR AN AUTHORISED DISTRIBUTOR, ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS. YOUR SOLE REMEDY AND THE ENTIRE LIABILITY OF ROUTEBUDDY LTD ARE SET FORTH ABOVE. IN NO EVENT WILL ROUTEBUDDY LTD OR AN AUTHORISED DISTRIBUTOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE SUCH SOFTWARE.
Your rights with respect to the Software under this licence is effective until terminated. Such rights will terminate automatically without notice to you from RouteBuddy if you fail to comply with any terms of this licence. From the termination of this licence, you shall cease all use of the RouteBuddy software and destroy all copies, full or partial, of the RouteBuddy software. Alternatively, you shall return all copies of the software to the party from which the software was acquired.
10. Governing Law
This Agreement between the software user and RouteBuddy Ltd is governed by the laws of England and Wales.
11. Third Party Data and Service Terms and Conditions
RouteBuddy software contains Map data from various suppliers and reserves the right to add new map data at any time and, at which time, new and extant-conditions-in-this-document, for those providers will apply as relevant to protecting their rights and data.
It is expressly understood that for the purposes of this agreement between "you-the-end-user" and RouteBuddy Ltd that you are also entering into agreement(s) with our map providers, as and when you purchase and user their map data, as supplied in end-user-format by RouteBuddy Ltd. and the full end-user Terms and Conditions are appended to this EULA under the '12. Acknowledgement - RouteBuddy Map Partners' heading below.Current RouteBuddy Ltd EULA agreements exist with map data suppliers as listed below, but do not exclude new partners who are always covered by RouteBuddy's licence conditions until their specific particular Terms and Conditions are entered on the RouteBuddy EULA.
- TomTom Licensing (formerly Tele Atlas Maps).
- Ordnance Survey Great Britain
- IGN France
- Harvey Map Services Limited
12. Acknowledgement - RouteBuddy Map Partners
The end user will ensure that the following acknowledgement of RouteBuddy's Map and Data partner end-user-licence-agreements is applied and accepted and where applicable for location or installation.
• Ordnance Survey Terms and Conditions:
RouteBuddy software contains Map data from Ordnance Survey, Adanac Drive,
SOUTHAMPTON, SO16 0AS.
The RouteBuddy application for Apple's Mac OS X, Apple's iOS, and Microsoft Windows enables the end user to read and display RouteBuddy topographic map data supplied by Ordnance Survey and to perform other functions. You may use Ordnance Survey Data only by means of the intended End User functions of RouteBuddy's application software and in agreement with the Ordnance Survey Terms and Conditions which state in their 'Consumer Applications and Websites' contract:
6.1.2: The Ordnance Survey products and/or services cannot be used as a Navigation Product.
6.1.4: The Consumer may create, for non-commercial use, user-generated routes; and to download for their own personal non-commercial use User Generated Routes.
6.1.5: Consumers are permitted to download via our own On-Demand-Service User Generated Routes created by our consumers, provided that the consumer shall not amalgamate such User_generated-Routes to create a network of User-Generated-Routes.
6.1.6: RouteBuddy Consumers are permitted to download Coordinates for their own personal non-commercial use.
6.2.1: The Consumer may use the Leisure Product (including downloading and using Licensed Data from a Premium On-Demand Service) on no more than one Device concurrently and on no more than five Devices in total.
Should you wish to use Ordnance Survey map data on more than two devices then please apply to RouteBuddy Ltd for an extra licence, for which a fee will be payable.
• TomTom Licensing Terms and Conditions:
TomTom Licensing requires that "Before delivering or providing access to the Value Added Product to an End User, Licensee, Service Providers and Distributors shall require the End User to accept the terms of a legally binding end user licence agreement consistent with the terms of this Agreement and containing provisions at least as restrictive as those provisions identified in the Sublicence Agreement as below". Accepting and Agreeing RouteBuddy's EULA is also acceptance and agreement of TomTom's Sub-license Agreement.
The licence is restricted for End User's own personal use and not for resale, distribution, sublicence or commercial use.
This Licence includes a provision acknowledging that the Licensed Products are the confidential information of TomTom and prohibiting disclosure of the Licensed Products to third parties.
This Licence expressly prohibits unauthorised copying.
This Licence prohibits the removal or obscuring of any copyright, trademark notice, or restrictive legend.
This Licence includes a provision whereby TomTom shall have the right to audit the Service Provider or End User.
This Licence includes a provision whereby TomTom is a third party beneficiary of Licensee's rights under the End User Licence Agreement. For example:
The covenants and obligations undertaken by the End User herein are intended for the direct benefit of TomTom and may be enforced by TomTom directly against the End User.
This Licence includes the following limitation of liability language:
NEITHER TOMTOM NOR ITS SUPPLIERS SHALL BE LIABLE TO THE UNDERSIGNED/AGREED or ACCEPTED EULA ACTION FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOMTOM SHALL HAVE NO MONETARY LIABILITY TO THE UNDERSIGNED/AGREED or ACCEPTED EULA ACTION FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.
This Licence disclaims all warranties of TomTom and its suppliers of the same scope as in this Agreement and as below:
THE LICENSED PRODUCTS ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS BASIS" AND TOMTOM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TOMTOM OR ANY OF ITS AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.
End Users shall acknowledge that the use of the Licensed Products with a non-TomTom map may result in increased variance between the location displayed on the map and ground truth location.
End Users shall not provide display or allow access to the actual numerical latitude and longitude coordinates.
End User shall not use the Value Added Product to create (or assist in the creation of) a digital map database. A "digital map database" means a database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable turn-by-turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges.
End User shall not use the Value Added Product to provide competitive information about TomTom or its products to third parties.
The Value Added Product may not be used for in-flight navigation.
In the event that any End User is a government entity, the following terms and conditions apply:
U.S. GOVERNMENT RIGHTS. If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in any applicable DFARS or FAR. In case of conflict between any of the FAR and/or DFARS that may apply to the Licensed Product, the construction that provides greater limitations on the Government's rights shall control. Contractor/manufacturer is TomTom North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Phone: 603.643. 0330. The Licensed Products are (c) 2006-201_ by TomTom. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed Products are a trade secret and a proprietary commercial product and not subject to disclosure.
If End User is an agency, department, or other entity of any State government, the United States Government or any other public entity or funded in whole or in part by the United States Government, then End User hereby agrees to protect the Licensed Products from public disclosure and to consider the Licensed Products exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Licensed Products. In the event that such exemption is challenged under any such laws, this EULA shall be considered breached and any and all right to retain any copies or to use of the Licensed Products shall be terminated and considered immediately null and void. Any copies of the Licensed Products held by Licensee shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this EULA shall be considered terminated and null and void, in its entirety, and any and all copies of the Licensed Products shall immediately be destroyed.
A. MultiNet(r) data of the United Kingdom. End Users shall agree to the following:
1. End User shall be prohibited from removing or obscuring any copyright, trademark or restrictive legend belonging to Ordnance Survey.
3. Disclaim all liability of Ordnance Survey with respect to the MultiNet(r) data of the United Kingdom.
4. Prohibit the use of the MultiNet(r) data of the United Kingdom in any printed, published form that results in Value Added Product to be distributed freely or sold to the public without the prior permission of Ordnance Survey.
5. Indemnify Ordnance Survey 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 MultiNet(r) data of the United Kingdom.
6. End User accepts the obligation to, on request, provide Ordnance Survey with information on what products and/or services containing and/or derived from the Licensed Licensed Products they produce.
7. End User is liable to Ordnance Survey in the event of discovery of breach of the aforementioned contractual terms.
The rights of TomTom as defined in this Agreement apply as well for Ordnance Survey's auditors and/or the National Audit Office in case of delivery of UK data. Any sum payable shall be subject to interest at two percent (2%) over the base rate from time to time of National Westminster Bank plc from the date this sum was originally due up to the date of payment (whether before or after judgment).
Ordnance Survey and/or the National Audit Office shall have the right to audit End Users books or accounts directly on exactly the same terms as Licensee is so obliged in this Agreement so that Ordnance Survey has this right of audit in respect of any provider of products and/or services containing and/or derived from Licensed Licensed Products.
Licensee hereby agrees that in the event of discovery of breach, the relevant End Users in breach and Licensee shall be jointly and severally liable to Ordnance Survey.
B. MultiNet(r) data of Norway. End User is prohibited from using the MultiNet(r) data of Norway to create commercial general purpose printed or digital maps, which are similar to the basic national products of the Norwegian Mapping Authority.
C. Additional provisions for Premium Points of Interest (the "POIs"). With respect to the POI Licensed Products: End User specifically agrees that he or she shall not:
(i) Except as otherwise specifically set forth herein, licence or otherwise provide the POI Licensed Products to any third party for the purposes of resale, sub-licensing, redistribution or for the purpose of compiling, enhancing, verifying, supplementing, adding to or deleting from any mailing list, geographic or trade directories, business directories, classified directories, classified advertising which is sold, rented, published, furnished or in any manner provided to a third party;
(ii) Make the POI Licensed Products available in an on-line environment unless properly secured and/or encrypted to prevent unauthorised access to the POI Licensed Products; and
(iii) Use the POI Licensed Products, either in whole or in part, as a factor in (a) establishing an individual's eligibility for credit or insurance; (b) connection with underwriting individual insurance; (c) evaluating an individual for employment or promotions, reassignment or retention as an employee; (d) in connection with a determination of an individual's eligibility for a licence or other benefit granted by a governmental authority; or (e) for soliciting survivors of deceased persons.
(iv) Create mailing or telemarketing lists unless authorised in this Agreement.
(v) End User will house the POI Licensed Products on the Internet behind firewalls and will implement a system of controls that will (i) protect the integrity of the POI Licensed Products; (ii) control access to the POI Licensed Products and (iii) prevent unauthorised usage or copying of the POI Licensed Products.
(vi) End User shall display the POI Licensed TomTomProduct copyright notice at all times in conjunction with the TomTom copyright notice. As of the Effective Date of this Agreement, the copyright notice for the POI Licensed Product is:
Following restrictions will apply to usage of the POI Licensed Products for Internet Applications:
"Internet" means a free to consumer delivery of transactions, and shall be comprised of (a) electronic map images including, but not limited to, jpeg, gif, tif, pdf, bit-mapped or raster images; (b) any geocoded addresses displayed as icons on the map display; and (c) route information between addresses provided to End Users as text directions and/or highlighted on the map display combined with third party business listings marketed by Licensee on the internet. The Internet cannot be used with a sensor, as a navigation system, as a commercial application, or as an in-vehicle component.
(i) Search by business name or single category in a geography (city, state or zip)
(ii) No all business search permitted
(iii) No multiple category search permitted
(iv) No more than ten (10) results per page
(v) No more than seven (7) pages per search
(vi) Infogroup logo (no text attribution) to be displayed on all pages, except as detailed in Article 10.2
(vii) ZIP codes may be displayed only one record at a time
(viii) Following information may be displayed to End Users on public website
(a) Business Name
(c) Phone number
(d) Contact Name (in case of professionals)
(e) Cuisine information (no category information to be displayed)
(ix) End Users with more than five (5) million page views per month are to be authorised by Infogroup.
Following restrictions will apply to usage of the POI Licensed Products for Enterprise Data Usage:
"Enterprise Data Usage" means internal usage within corporations for analysis purposes. The POI Licensed Products will not be incorporated into a Value Added Products and will not be redistributed in any way. Only employees of the enterprise will have access to the data.
(i) POI Licensed Products to be used only in conjunction with the Licensed Products
(ii) Search business name or single category (no all business searches are permitted)
(iii) No ZIP code display in summary view, ZIP codes may be displayed one (1) record at time
(iv) No more than ten (10) records per page
(v) End Users with over five (5) million page views per month are to be authorised by Infogroup
D. Additional Provisions with respect to the Brand Icon Licensed Product (the "Brand Icon Licensed Product"):
(i) End User agrees that the use of Brand Icon Licensed Product subject to the terms and conditions set forth in this Agreement and that there may be additional third party terms, conditions and restrictions to which the use of the Brand Icon Licensed Product will be subject provided to the End User from time to time by Licensee in the release notes applicable to the Value Added Product.
(ii) Should End User enter into any commercial arrangement for advertising, pay-for-placement, promotion or any similar paid brand marketing exposure with any owners (or their representatives) of any of the brand icons supplied with the Brand Icon Licensed Product, TomTom shall receive no less than twenty five percent (25%) of any revenues collected in the context of any such commercial arrangement, unless otherwise agreed-to in advance and in writing by both parties.
E. Additional Provisions with respect to the data for China: End User agrees that any Licensed Product which contains data of China may be subject to additional terms and conditions which shall be provided to End User when available to TomTom. China data may not be exported from China.
F. Additional Provisions with respect to the data for India: End User agrees that any Licensed Product which contains data of India may be subject to additional terms and conditions which shall be provided to End User when available to TomTom. India data may not be exported from India.
G. Additional Provisions with respect to the data for Korea: End User agrees that any Licensed Product which contains data of Korea may be subject to additional terms and conditions which shall be provided to Licensee when available to TomTom. Korea data may not be exported from Korea.
H. As of the Effective Date, the following restriction applies to the Licensed Products: The 6-digit alpha/numeric Canadian Postal Codes contained in any Licensed Product cannot be used for bulk mailing of items through the Canadian postal system. Furthermore, the 6-digit alpha/numeric Canadian Postal Codes must be wholly contained in the Value Added Product and shall not be extractable. Canadian Postal Codes cannot be displayed or used for postal code look-up on the Internet, nor can they be extracted or exported from any application to be utilised in the creation of any other data set or application.
I. Additional Provisions with respect to the HD Traffic. Licensee specifically agrees that it shall not: (i) store the data for more than twenty-four (24) hours on Licensee's servers; (ii) broadcast or make the HD Traffic available except to authorised End Users; and (iii) use the feed or information received via the feed for historical data purposes (including but not limited to collection or analysis).
J. Additional provisions with respect to the Local Points of Interest North America Licensed Product: It is expressly prohibited to use the Local Points of Interest North America for (a) telephone call routing related applications; (b) screen pop applications, (c) CD-ROM director of other derivative directory product; (d) verification services; (e) caller name services; and (f) online marketing lead verification services.
The licence granted herein is for your personal-use-only and not for transfer, distribution, or disclosure to third parties or use for the benefit of third parties and you agree to limit use to the authorised number of concurrent users, Servers, subscribers, or transactions as applicable.
The licence granted herein does not allow you to operate a service bureau or any other use of the RouteBuddy software that involves the processing of data of other persons or entities, use the Licensed Products other than (1) with software provided by Licensee; or, if applicable, (2) while connected to Licensee's website, nor assign, time-share, lend or lease, or rent the Licensed Products claim title or any ownership interest in the Licensed Products passing to the End User or any other party deriving or attempting to derive the structure of the Licensed Products use, duplicate (except for a single archival copy), reproduce, disclose, publish, distribute, or transfer the Licensed Products other than as specifically allowed, remove or obscure any copyright, trademark notice, or restrictive legend, modify or create any derivative work of the Licensed Products use the Licensed Products to provide competitive information about our third party data suppliers or the Licensed Products to third parties create any derivative product that competes with the Licensed Products.
15. Controlling Law and Severability
This Licence will be governed by and construed in accordance with the laws of England and Wales, this applies to any worldwide purchase of RouteBuddy software ('RouteBuddy' or an appointed third-party being the seller), maps or data by the user (buyer and customer) as applied to agreements entered into and to be performed entirely within the laws of the United Kingdom and as the law would be applied between United Kingdom residents, specifically the Laws of England and Wales. This licence shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this licence shall continue in full force and effect.
16. Complete Agreement; Governing Language
This Licence constitutes the entire agreement between the parties with respect to the use of the RouteBuddy Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use RouteBuddy's online store, or Partner's store, which will govern your use of such store and any map, or other data, downloads or material you purchase through that store. No amendment to or modification of this Licence will be binding unless in writing and signed by RouteBuddy. Any translation of this Licence is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Licence shall govern.
17. Bonjour for Windows Licence
APPLE INC. SOFTWARE LICENSE AGREEMENT FOR BONJOUR FOR WINDOWS
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
2. Permitted License Uses and Restrictions. This License allows you to install a reasonable number of copies of the Apple Software on computers that are owned or controlled by you for use internally by your employees whose job duties require the use of the Apple Software or for use on your personal home computer(s). No other use and no external redistribution of the Apple Software is permitted. You may make one copy of the Apple Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Apple Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred. Academic Copies: If the Apple Software package has an academic label or if you acquired the Apple Software at an academic discount, you must be an Eligible Educational End User to use the Apple Software. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).
4. Consent to Use of Data. You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software.
6. Limited Warranty on Media (if applicable). Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple’s option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
10. Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
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