END-USER TERMS
The data (“Data”) is provided for your personal, internal use only and
not for resale. It is protected by
copyright, and is subject to the following terms and conditions which are
agreed to by you, on the one hand, and [Oracle America (“[LICENSEE]”) and its
licensors (including their licensors and suppliers) on the other hand.
© 2012 NAVTEQ []. All rights reserved.
The Data for areas of Canada includes information taken with permission
from Canadian authorities, including: © Her Majesty the Queen in Right of
Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase Ň.
© United
States Postal Service ® 2005. Prices are
not established, controlled or approved by the United States Postal Service
®. The following trademarks and
registrations are owned by the USPS:
United States Postal Service, USPS, and ZIP+4.
TERMS AND CONDITIONS
License Grant. You agree to use this Data together
with the Oracle Technology Network application Maps.Oracle.Com (a.k.a.
eLocation.oracle.com) 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 this
website Maps.Oracle.Com (a.k.a. eLocation.oracle.com) (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 displaying 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 NAVTEQ 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 [LICENSEE], 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.
Warning. The Data 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.
No Warranty. This Data is provided to you
“as is,” and you agree to use it at your own risk. [LICENSEE] 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: [LICENSEE] 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: [LICENSEE]
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 [LICENSEE] 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.
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.
Entire Agreement. These terms and conditions
constitute the entire agreement between [LICENSEE] (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 State of California, witthout 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. You agree to submit
to the jurisdiction of California for any and all disputes, claims and actions
arising from or in connection with the Data provided to you hereunder.
Government End Users. If the Data is being acquired by or on behalf
of the United States government or any other entity seeking or applying rights
similar to those customarily claimed by the United States government, the Data
is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is
licensed in accordance with The Oracle License and Services Agreement (OLSA),
and each copy of Data delivered or otherwise furnished shall be marked and
embedded as appropriate with the following “Notice of Use,” and shall be
treated in accordance with such Notice:
Notice of Use
Contractor
(Manufacturer/ Supplier) Name: NAVTEQ
Contractor
(Manufacturer/Supplier) Address: 222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654
This Data is a commercial item as
defined in FAR 2.101 and is subject to the Legal Notices and Terms
of Use under which this Data was provided.
© 2012 NAVTEQ – All rights reserved.
If the Contracting Officer,
federal government agency, or any federal official refuses to use the legend
provided herein, the Contracting Officer, federal government agency, or any
federal official must notify NAVTEQ prior to seeking additional or alternative
rights in the Data.