Legal Notices

Terms and Conditions

License Grant.  You agree to use this Data together with Oracle eLocation Hosted Service, Oracle eLocation Hosted Mapping service, Oracle eLocation Hosted Routing Service, Oracle eLocation Hosted Geocoding Service solely as follows:

(a)     You may download and print driving directions, route manifests and other locational content derived from the Data, as made available by Oracle eLocation Hosted Service, Oracle eLocation Hosted Mapping service, Oracle eLocation Hosted Routing Service, Oracle eLocation Hosted Geocoding Service (the “Results”);

(b)     You may transmit such Results to your display device or electronic device, whether portable or located in a vehicle, including any hand-held or in-vehicle computer, for display and printing;

(c)     You may use the Results as described in (a) and (b) for your own personal or internal business purposes; and

(d)   If you are a business, you may use the Results and/or information derived therefrom in your business interactions with your customers, partners, distributors and prospective customers (for clarity, such parties are not intended to include the general public) and disclose and/or distribute static, non-editable copies thereof (which shall include display of the Navigation Technologies Corporation copyright notice) to such parties, provided that (i) such Results and/or information derived therefrom are not used for a business of making, distributing, licensing and/or selling driving directions, route manifests and other locational content and (ii) such parties are not permitted to use such Results and/or information derived therefrom for any other purpose than doing business with you in the capacity of your customer, partner, distributor or prospective customer. 

Restrictions.  Except where you have been specifically licensed to do so by Oracle, 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) 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.

No Warranty.  This Data is provided to you “as is,” and you agree to use it at your own risk.  Oracle and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.

Disclaimer of Warranty: Oracle AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability:  Oracle AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF Oracle  OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Disclaimer of Endorsement: Reference to any products, services, processes, hypertext links to third parties or other Data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Oracle  or its licensors.  Product and service information are the sole responsibility of each individual vendor.  The Navigation Technologies name and logo, the NAVTECH and NAVTECH ON BOARD trademarks and logos, and other trademarks and trade names owned by Navigation Technologies Corporation may not be used in any commercial manner without the prior written consent of Navigation Technologies.

Export Control.  You agree not to export from 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.

Indemnity.  You agree to indemnify, defend and hold Oracle and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of this Data.

Entire Agreement.  These terms and conditions constitute the entire agreement between Oracle  (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.

and; (ii) for civilian agency acquisitions, the NAVTECH Data is licensed in accordance with the rights set forth at FAR 52.227-14(g)(1), Rights in Data-General (Protection of limited rights data and computer software).  In the event that the Contracting Officer requires the delivery of limited rights NAVTECH Data that has been withheld or would otherwise be withholdable in accordance with FAR 52.227-14(g)(1), the NAVTECH Data is licensed with “Limited Rights” as set forth in the following “Limited Rights Notice” at FAR 52.227-14(g)(2) (Alternate II), which shall be affixed to the NAVTECH Data and the NAVTECH Data shall be treated in accordance with such Notice (which shall be marked on any reproduction of these data, in whole or in part):

If the Contracting Officer refuses to use either of the licenses provided in (i) or (ii), herein, the Contracting Officer must notify Navigation Technologies Corporation prior to seeking additional or alternative rights in the NAVTECH Data.

Supplier Requirements & Notices

Canada

The following provisions apply to NT Technology for the coverage area of Canada, which may include or reflect data from third party licensors, including Her Majesty the Queen in Right of Canada (“Third Party Data”):

1.     Disclaimer and Limitation:  Oracle agrees that its use of the Third Party Data is subject to the following provisions:

(A)   Disclaimer:  The Third Party Data is licensed on an “as is” basis.  The licensors of such data, including HER MAJESTY THE QUEEN, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.

(B)   Limitation on liability:  THE third party DATA licensors, including Her Majesty The Queen, shall not be liable: (i) IN respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of such data; or (ii) in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data.

2.     Copyright Notice:  In connection with a Hosted Service, Oracle shall conspicuously display the following copyright notice on any Results for the coverage area of Canada:  “This data includes information taken with permission from Canadian authorities, including © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario.”

3.     End User Terms: In connection with the provision of any portion of the NT Technology for the coverage area of Canada to End Users as may be authorized under the Agreement, Oracle shall provide such End Users, in a reasonably 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 Oracle) which shall include the following provisions on behalf of the Third Party Data licensors, including Her Majesty The Queen:

The LICENSED data may include or reflect data of licensors, including Her Majesty The Queen in Right of Canada.  Such data is licensed on an “as is” basis.  the licensors, including Her Majesty the queen, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.

the licensors, including Her Majesty the queen, shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the data or the LICENSED data.  the licensors, including Her Majesty the queen, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data or the LICENSED data.

End User shall indemnify and save harmless the licensors, including Her Majesty the Queen and the Minister, and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or possession of the data or the NT Technology.

4.     Additional Provisions:  The provisions set forth in this Exhibit are in addition to all of the rights and obligations of the parties under the Agreement.  To the extent that any of the provisions in this Exhibit are inconsistent with, or conflict with, provisions of the Agreement, the provisions of this Exhibit shall prevail.

Europe

The following provisions apply to the NT Technology for and to the extent indicated respecting any coverage area including any country of Europe, which may include or reflect data from respective third party licensors:

1.     Paper Maps.  Oracle shall not have any right or license to use, or license the use of, the NT Technology for any coverage area including any country of Europe to create paper maps of any kind (as used herein “paper map” shall mean any literary work in the form of a map fixed on a paper or paper-like medium which is intended to be commercially distributed as a paper map).

2.     OS Enforcement.  With respect to NT Technology for the coverage area of Great Britain, Oracle acknowledges and agrees that the Ordnance Survey (“OS”) may bring a direct action against Oracle to enforce compliance with the OS copyright notice (see Section 4 below) and paper map requirements (see Section 1 above) contained in this Agreement.

3.     Traffic Codes.  The following provisions apply to any grant of license for use of NT Technology that includes Traffic Codes. 

A.                   General Restrictions Applicable to Traffic Codes.  Oracle acknowledges and agrees that in certain countries of the coverage area of Europe, Oracle will need to obtain rights directly from third party RDS-TMC code providers to receive and use the Traffic Codes in the NT Technology and to distribute information, data, applications, products and/or services in any way derived from or based on such Traffic Codes.  For such countries, NT shall provide Oracle with a contact name or title, address, phone number, email address and/or any other relevant contact information to obtain such rights.  NT shall deliver the relevant Traffic Codes to Oracle only after receiving certification from Oracle of its having obtained such rights; however, NT will provide the NT Technology without such Traffic Codes to Oracle pursuant to the Agreement.

B.                   Display of Third Party Rights Legend for Belgium.  Oracle shall, for each provision of information, data, applications, products and/or services that uses Traffic Codes for Belgium, provide the following notice to the End User:  “Traffic Information is provided by the Ministerie van de Vlaamse Gemeenschap and the Ministèrie de l’Equipement et des Transports.” 

4         Third Party Notices.  Any Results of a Hosted Service shall include the respective Third Party Notices set forth below and used as described below corresponding to the coverage area (or portion thereof) included in such Results: