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    							Agreement), and thus your use of the
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    CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: HERE
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    must notify HERE prior to seeking
    additional or alternative rights in the Data. I. US/Canada Territory A. United States Data. The End-User
    Terms for any Application containing
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    							B. Canada Data. The following provi-
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    ”), including Her Majesty the Queen
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    shall not be liable: (i) in respect of
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    spective of the nature of the cause
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    Data; or (ii) in any way for loss of
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    consequential loss of any kind
    resulting from any defect in the
    Data. 2. Copyright Notice: In connection with
    each copy of all or any portion of the
    Data for the Territory of Canada, Client
    shall affix in a conspicuous manner the
    following copyright notice on at least
    one of: (i) the label for the storage
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    packaged with the copy, such as user
    manuals or end user license agree-
    ments: 
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    taken with permission from Canadian
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    the Queen in Right of Canada, ©
    Queen's Printer for Ontario, © Canada
    Post Corporation, GeoBase®,  © The
    Department of Natural Resources
    Canada. All rights reserved. ”
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    wise agreed by the parties, in connec-
    tion with the provision of any portion
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    to End-Users as may be authorized
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    ably conspicuous manner, with terms
    (set forth with other end user terms
    required to be provided under the
    Agreement, or as otherwise may be
    provided, by Client) which shall include
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    and NRCan: The Data may include or reflect
    data of licensors, including Her
    Majesty the Queen in the Right of
    Canada (“Her Majesty ”), Canada
    Post Corporation (“Canada Post”)
    and the Department of Natural
    Resources Canada (“NRCan ”). Such
    data is licensed on an  “as is”  basis.
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    Canada Post and NRCan, make no
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    warranties respecting such data,
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    tion to all of the rights and obligations
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    sions of this Section are inconsistent
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    sions of the Agreement, the provisions
    of this Section shall prevail. II. Mexico. The following provision applies
    to the Data for Mexico, which includes
    certain data from the Instituto Nacional
    de Estadística y Geografía (“INEGI”):
    A. Any and all copies of the Data and/or
    packaging containing Data for Mexico
    shall contain the following notice:
    “Fuente: INEGI (Instituto Nacional de
    Estadística y Geografía)”
    III. Latin America Territory A. Third Party Notices. Any and all copies
    of the Data and/or packaging relating
    thereto shall include the respective Third
    Party Notices set forth below and used
    as described below corresponding to
    the Territory (or portion thereof)
    included in such copy: Notice
    Territory
    “INSTITUTO GEOGRAFICO
    MILITAR DEL ECUADOR
    AUTORIZACION N° IGM-
    2011-01- PCO-01 DEL 25 DE
    ENERO DE 2011”
    Ecuador
    “source: © IGN 2009 - BD
    TOPO ®”
    “Fuente: INEGI (Instituto
    Nacional de Estadística y
    Geografía)”
    Guade-
    loupe,
    French
    Guiana
    and
    Marti-
    nique
    Mexico
    IV. Middle East Territory
    362
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							A. Third Party Notices. Any and all copies
    of the Data and/or packaging relating
    thereto shall include the respective Third
    Party Notices set forth below and used
    as described below corresponding to
    the Territory (or portion thereof)
    included in such copy:
    Notice
    Country
    “© Royal Jordanian
    Geographic Centre ”. The
    foregoing notice require-
    ment for Jordan Data is a
    material term of the Agree-
    ment. If Client or any of its
    Jordan
    permitted sublicensees (if
    any) fail to meet such
    requirement, HERE shall
    have the right to terminate
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    HERE’ s database for the country of
    Jordan (“ Jordan Data ”) for use in Enter-
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    Enterprise Applications if such party is
    (i) a non-Jordanian entity using the
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    tions”  shall mean Geomarketing applic-
    ations, GIS applications, mobile business
    asset management applications, call
    center applications, telematics applica-
    tions, public organization Internet
    applications or for providing geocoding
    services. V. Europe Territory
    A. Use of Certain Traffic Codes in Europe 1. General Restrictions Applicable to
    Traffic Codes. Client acknowledges
    and agrees that in certain countries of
    the Europe Territory, Client will need
    to obtain rights directly from third
    party RDS-TMC code providers to
    receive and use the Traffic Codes in
    the Data and to deliver to End-Users
    Transactions in any way derived from
    or based on such Traffic Codes. For
    such countries, HERE shall deliver the
    Data incorporating Traffic Codes to
    Client only after receiving certification
    from Client of its having obtained such
    rights.
    2. Display of Third Party Rights
    Legends for Belgium. Client shall, for
    each Transaction that uses Traffic
    Codes for Belgium, provide the
    following notice to the End-User:
    “Traffic Codes for Belgium are
    provided by the Ministerie van de
    Vlaamse Gemeenschap and the
    Ministèrie de l ’Equipement et des
    Transports. ”
    B. Paper Maps. With respect to any
    license granted to Client relating to
    making, selling or distributing paper
    maps (i.e., a map fixed on a paper or
    paper-like medium): (a) such license
    with respect to Data for the Territory of
    Great Britain is conditioned on Client’ s
    entering into and complying with a
    separate written agreement with the
    Ordnance Survey (“OS ”) to create and
    sell paper maps, Client’ s paying to the
    OS any and all applicable paper map
    royalties, and Client’ s complying with
    the OS copyright notice requirements;
    (b) such license for selling or otherwise
    distributing for charge with respect to
    Data for the Territory of Czech Republic
    363
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							is conditioned on Client’
    s obtaining prior
    written consent from Kartografie a.s.;
    (c) such license for selling or distributing
    with respect to Data for the Territory of
    Switzerland is conditioned on Client’ s
    obtaining a permit from Bundesamt für
    Landestopografie of Switzerland; (d)
    Client is restricted from using Data for
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    maps with a scale between 1:5,000 and
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    from using any Data to create, sell or
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    or substantially similar, in terms of data
    content and specific use of color,
    symbols and scale, to paper maps
    published by the European national
    mapping agencies, including without
    limitation, Landervermessungämter of
    Germany, Topografische Dienst of the
    Netherlands, Nationaal Geografisch
    Instituut of Belgium, Bundesamt für
    Landestopografie of Switzerland,
    Bundesamt für Eich-und Vermessung-
    swesen of Austria, and the National
    Land Survey of Sweden.
    C. OS Enforcement. Without limiting
    Section IV(B) above, with respect to
    Data for the Territory of Great Britain,
    Client acknowledges and agrees that
    the Ordnance Survey (“OS ”) may bring
    a direct action against Client to enforce
    compliance with the OS copyright notice
    (see Section IV(D) below) and paper
    map requirements (see Section IV(B)
    above) contained in this Agreement.
    D. Third Party Notices. Any and all
    copies of the Data and/or packaging
    relating thereto shall include the
    respective Third Party Notices set forth
    below and used as described below
    corresponding to the Territory (or
    portion thereof) included in such copy:
    Notice
    Country(ies) “© Bundesamt für Eich-
    und Vermessungswesen
    ”
    Austria
    “© EuroGeographics”
    Croatia
    Cyprus,
    Estonia,
    Latvia,
    Lithuania,
    Moldova,
    Poland,
    Slovenia
    and/or
    Ukraine
    “source: © IGN 2009 – BD
    TOPO ®”
    France
    “Die Grundlagendaten
    wurden mit Genehmigung
    der zuständigen Behörden
    entnommen”
    Germany
    “Contains Ordnance
    Survey data © Crown
    copyright and database
    right 2010 Contains Royal
    Mail data © Royal Mail
    copyright and database
    right 2010”
    Great
    Britain
    “Copyright Geomatics
    Ltd.”
    Greece
    “Copyright © 2003; Top-
    Map Ltd.”
    Hungary
    “La Banca Dati Italiana è
    stata prodotta usando
    quale riferimento anche
    cartografia numerica ed al
    tratto prodotta e fornita
    dalla Regione Toscana. ”
    Italy
    “Copyright © 2000;
    Norwegian Mapping
    Authority”
    Norway
    “Source: IgeoE – Portugal ”
    Portugal
    364
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							“Información geográfica
    propiedad del CNIG”
    Spain
    “Based upon electronic
    data © National Land
    Survey Sweden. ”
    Sweden
    “Topografische
    Grundlage: © Bundesamt
    für Landestopographie.
    Switzerland
    E. Respective Country Distribution. Client
    acknowledges that HERE has not
    received approvals to distribute map
    data for the following countries in such
    respective countries: Albania, Belarus,
    Kyrgyzstan, Moldova and Uzbekistan.
    HERE may update such list from time to
    time. The license rights granted to Client
    under this TL with respect to the Data
    for such countries are contingent upon
    Client’
    s compliance with all applicable
    laws and regulations, including, without
    limitation, any required licenses or
    approvals to distribute the Application
    incorporating such Data in such
    respective countries.
    VI. Australia Territory A. Third Party Notices. Any and all copies
    of the Data and/or packaging relating
    thereto shall include the respective Third
    Party Notices set forth below and used
    as described below corresponding to
    the Territory (or portion thereof)
    included in such copy: Copyright. Based on data provided
    under license from PSMA Australia
    Limited (www.psma.com.au). Product incorporates data which is ©
    20XX Telstra Corporation Limited, GM
    Holden Limited, Intelematics Australia
    Pty Ltd and Continental Pty Ltd.
    B. Third Party Notices for Australia. In
    addition to the foregoing, the End-User
    Terms for any Application containing
    RDS-TMC Traffic Codes for Australia
    shall contain the following notice:
    “Product incorporates traffic location
    codes which is © 20XX Telstra Corpora-
    tion Limited and its licensors. ”
    VII. China Territory
    Personal Use Only
    You agree to use this Data together with
    [insert name of Client Application] for the
    solely personal, non-commercial purposes
    for which you were licensed, and not for
    service bureau, time-sharing or other
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    as necessary for your personal use to (i)
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    do not remove any copyright notices that
    appear and do not modify the Data in any
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    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.
    Restrictions
    Except where you have been specifically
    licensed to do so by NAV2 , and without
    limiting the preceding paragraph, 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)
    365
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							with or in communication with any
    positioning devices or any mobile or
    wireless-connected electronic or computer
    devices, including without limitation
    cellular phones, palmtop and handheld
    computers, pagers, and personal digital
    assistants or PDAs. You agree to cease
    using this Data if you fail to comply with
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    Limited Warranty
    NAV2 warrants that (a) the Data will
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    the accompanying written materials for a
    period of ninety (90) days from the date
    of receipt, and (b) any support services
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    described in applicable written materials
    provided to you by NAV2, and NAV2’
    s
    support engineers will make commercially
    reasonable efforts to solve any problem
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    rigCustomer Remedies
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    Limited Liability:
    TO THE EXTENT PERMITTED BY
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    WARRANTY, EVEN IF NAV2 OR ITS
    LICENSORS HAVE BEEN ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES. UNDER
    NO CIRCUMSTANCES SHALL NAV2’
    s OR
    ITS SUPPLIERS ’ LIABILITY HEREUNDER
    EXCEED THE PRICE PAID. Certain liability
    exclusions may not be permitted under
    applicable law, so to that extent the above
    exclusion may not apply to you.
    366
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
    							Export Control
    You agree not to export to anywhere any
    part of the Data provided to you or any
    direct product thereof except in
    compliance with, and with all licenses and
    approvals required under, applicable
    export laws, rules and regulations.
    IP Protection
    The Data are owned by NAV2 or its
    suppliers and are protected by applicable
    copyright and other intellectual property
    law and treaties. The Data are provided
    solely on the basis of a license to use, not
    sale.
    Entire Agreement
    These terms and conditions constitute the
    entire agreement between NAV2(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.
    Governing Law.
    The above terms and conditions shall be
    governed by the laws of the People
    ’s
    Republic of China, 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. Any dispute arising
    from or in connection with the Data
    provided to you hereunder shall be
    submitted to the Shanghai International
    Economic and Trade Arbitration
    Commission for arbitration. Gracenote® Copyright
    CD and music-related data from
    Gracenote, Inc., copyright© 2000-2007
    Gracenote. Gracenote Software, copyright
    © 2000-2007 Gracenote. This product and
    service may practice one or more of the
    following U.S. Patents #5,987,525,
    #6,061,680, #6,154,773, #6,161,132,
    #6,230,192, #6,230,207, #6.240,459,
    #6,330,593 and other patents issued or
    pending. Some services supplied under
    license from Open Globe, Inc. for U.S.
    Patent: #6,304,523.
    Gracenote and CDDB are registered
    trademarks of Gracenote. The Gracenote
    logo and logotype, and the "Powered by
    Gracenote
    ™" logo are trademarks of
    Gracenote.
    Gracenote® End User License Agreement
    (EULA)
    This device contains software from
    Gracenote, Inc. of 2000 Powell Street
    Emeryville, California 94608
    ("Gracenote").
    The software from Gracenote (the
    "Gracenote Software") enables this device
    to do disc and music file identification and
    obtain music-related information, including
    name, artist, track, and title information
    ("Gracenote Data") from online servers
    ("Gracenote Servers"), and to perform
    other functions. You may use Gracenote
    Data only by means of the intended End
    User functions of this device.
    This device may contain content belonging
    to Gracenote's providers. If so, all of the
    restrictions set forth herein with respect to
    Gracenote Data shall also apply to such
    content and such content providers shall
    be entitled to all of the benefits and
    protections set forth herein that are
    available to Gracenote.
    367
    F-650/750 (TBC) , enUSA, First Printing Appendices 
    						
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