3. LIMITATION OF LIABILITY
IN NO EVENT SHALL PIONEER BE LIABLE FOR ANY DAMAGES,
CLAIM OR LOSS INCURRED BY YOU (INCLUDING, WITHOUT
LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPE-
CIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST
PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVEST-
MENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSI-
NESS, LOSS OF ANY GOODWILL, OR DAMAGES) RESULTING
FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN
IF PIONEER HAS BEEN INFORMED OF, KNEW OF, OR SHOULD
HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE
AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIA-
BILITY, MISREPRESENTATION, AND OTHER TORTS. IF PIO-
NEER’S WARRANTY DISCLAIMER OR LIMITATION OF LIABILITY
SET FORTH IN THIS AGREEMENT SHALL OR FOR ANY REASON
WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE,
YOU AGREE THAT PIONEER’S LIABILITY SHALL NOT EXCEED
FIFTY PERCENT (50%) OF THE PRICE PAID BY YOU FOR THE
ENCLOSED PIONEER PRODUCT.
Some countries do not allow the exclusion or limitation of inciden-
tal or consequential damages, so the above limitation or exclusion
may not apply to you. This warranty disclaimer and limitation of
liability shall not be applicable to the extent that any provision of
this warranty is prohibited by any country or local law which can-
not be preempted.
4. EXPORT LAW ASSURANCES
You agree and certify that neither the Software nor any other tech-
nical data received from Pioneer, nor the direct product thereof,
will be exported outside the country or district (the “Country”) gov-
erned by the government having jurisdiction over you (the “Gov-
ernment”) except as authorised and as permitted by the laws and
regulations of the Government. If the Software has been rightfully
obtained by you outside of the Country, you agree that you will not
re-export the Software nor any other technical data received from
Pioneer, nor the direct product thereof, except as permitted by the
laws and regulations of the Government and the laws and regula-
tions of the jurisdiction in which you obtained the Software.
5. TERMINATION
This Agreement is effective until terminated. You may terminate it
at any time by destroying the Software. The Agreement also will
terminate if you do not comply with any terms or conditions of this
Agreement. Upon such termination, you agree to destroy the Soft-
ware.
6. MISCELLANEOUS
This is the entire Agreement between Pioneer and you regarding
its subject matter. No change in this Agreement shall be effective
unless agreed to in writing by Pioneer. If any provision of this
Agreement is declared invalid or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect.
Tele Atlas End User Licensing
Terms
THIS IS A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN
YOU, THE END USER, AND PIONEER and its licensors of Data
product (sometimes collectively “Licensors”). BY USING YOUR
COPY OF THE LICENCED DATA, YOU AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
1.
Grant of License.
Licensors grant you a non-transferable, nonexclusive licence to
use the map data and business points of interest information (the
“POIs”), (together, the “Data”) contained on these discs, solely for
personal, non-commercial use and not to operate a service
bureau or for any other use involving the processing of data of
other persons or entities. You may make one (1) copy of the Data
for archival or backup purposes only but you may not otherwise
copy, reproduce, modify, make derivative works, derive the struc-
ture of or reverse engineer the Data. The Data is restricted for use
with the PIONEER Product(s). The Data contains confidential and
proprietary information and materials, and may contain trade
secrets, so you agree to hold the Data in confidence and in trust
and not to disclose the Data or any portions in any form, including
by renting, leasing, publishing, leasing, sublicensing or transfer-
ring the Data to any third party. You are explicitly prohibited from
downloading the digital maps and programmes contained in the
Data or from transferring these to another data carrier or compu-
ter. You are prohibited from using the POIs (i) to create mailing
lists or (ii) for other such similar uses.
2.
Ownership.
The Data is copyrighted by the Licensors and the Licensors retain
all ownership rights in the Data. You agree not to alter, remove,
obliterate, or obscure any copyright notice or proprietary legend
contained in or on the Data. The current copyrights are as follows:
Data Source © 2008 Tele Atlas
© BEV, GZ 1368/2003
© DAV
© IGN France Michelin data © Michelin 2008
© Ordnance Survey of Northern Ireland
© Norwegian Mapping Authority, Public Roads
Administration / © Mapsolutions
© Swisstopo
Topografische ondergrond Copyright
© dienst voor het kadaster en de openbare registers, Apeldoorn
2008
© Roskartographia
This product includes mapping data licenced from Ordnance Sur-
vey with the permission of the Controller of Her Majesty’s Station-
ery Office.
© Crown copyright and/or database right 2008.
All rights reserved. Licence number 100026920.
3.
Warranty Disclaimer.
THE DATA IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS
BASIS” AND PIONEER, ITS LICENSORS, AND ITS LICENCED DIS-
TRIBUTORS AND SUPPLIERS (COLLECTIVELY, “SUPPLIERS”)
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WAR-
RANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, EFFEC-
TIVENESS, COMPLETENESS, ACCURACY, TITLE AND FITNESS
FOR A PARTICULAR PURPOSE. PIONEER, ITS LICENSORS AND
SUPPLIERS DO NOT WARRANT THAT THE DATA WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF THE DATA
WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR
WRITTEN ADVICE GIVEN BY PIONEER, ITS LICENSORS, SUPPLI-
ERS OR ANY OF THEIR RESPECTIVE EMPLOYEES CREATES A
WARRANTY OR IN ANY WAY INCREASES PIONEER’, ITS LICEN-
SORS OR SUPPLIERS LIABILITY AND YOU MAY NOT RELY ON
ANY SUCH INFORMATION OR ADVICE. THIS DISCLAIMER IS AN
ESSENTIAL CONDITION OF THIS AGREEMENT AND YOU
ACCEPT THE DATA ON THIS BASIS.
MAN-CNDV-80MDX-EN.fm Page 4 Wednesday, April 2, 2008 9:33 AM
