Alpine INE-W947E Owner's Manual download pdf (Page 81)

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01GB05INE-W947E.fm

ALPINE INE-W947E 68-24567Z10-A (EN)

END USER LICENCE AGREEMENT

(NAVTEQ)

PLEASE READ THIS END USER LICENCE AGREEMENT

CAREFUL BEFORE USING THE NAVTEQ DATABASE

NOTICE TO THE USER

THIS IS A LICENCE AGREEMENT - AND NOT AN AGREEMENT

FOR SALE - BETWEEN YOU AND NAVTEQ B.V. FOR YOUR

COPY OF THE NAVTEQ NAVIGABLE MAP DATABASE,

INCLUDING ASSOCIATED COMPUTER SOFTWARE, MEDIA

AND EXPLANATORY PRINTED DOCUMENTATION PUBLISHED

BY NAVTEQ (JOINTLY ”THE DATABASE”). BY USING THE

DATABASE, YOU ACCEPT AND AGREE TO ALL TERMS AND

CONDITIONS OF THIS END USER LICENCE 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 NAVTEQ or its

licensors. Ownership of the media on which the Database is

contained is retained by NAVTEQ and/or your supplier until after

you have paid in full any amounts due to NAVTEQ and/or your

supplier pursuant to this Agreement or similar agreement(s)

under which goods are provided to you.

LICENCE GRANT

NAVTEQ grants you a non-exclusive licence to use the Database

for your personal use or, if applicable, for use in your business’

internal operations. This licence does not include the right to

grant sub-licences.

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 NAVTEQ reasonable opportunity to

provide said information on reasonable terms, including costs, to

be determined by NAVTEQ.

TRANSFER OF LICENCE

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 NAVTEQ. Multi-disc sets may only

be transferred or sold as a complete set as provided by NAVTEQ

and not as subset thereof.

LIMITED WARRANTY

NAVTEQ 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

NAVTEQ’s Criteria for Accuracy and Completeness existing on

the date you acquired the Database; these criteria are available

from NAVTEQ at your request. If the Database does not perform

in accordance with this limited warranty, NAVTEQ 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 NAVTEQ’s entire liability and your sole remedy

against NAVTEQ. Except as expressly provided in this section,

NAVTEQ 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. NAVTEQ

does not warrant that the Database is or will be error free. No

oral or written information or advice provided by NAVTEQ, 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 NAVTEQ directly, you

may have statutory rights against the person from whom you

have acquired the Database in addition to the rights granted by

NAVTEQ hereunder according to the law of your jurisdiction. The

above warranty of NAVTEQ 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 NAVTEQ 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 NAVTEQ

has been advised of the possibility of such damages. In any

event NAVTEQ’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.

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Alpine INE-W947E Owner's Manual Page 81

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