[TELENAV SHOTGUN™ END USER LICENSE AGREEMENT]
Please read these terms and conditions carefully before you use TeleNav Shotgun or the TeleNav Connected Service™. Your use of TeleNav Shotgun or TeleNav Connected Service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not break the seal of the package, launch, or otherwise use TeleNav Shotgun or the TeleNav Connected Service.
These terms and conditions represent the agreement (“Agreement”) between you and TeleNav, Inc. (“TeleNav”) with respect to the TeleNav Shotgun personal navigation device (“Shotgun”), the TeleNav Shotgun software (including upgrades, modifications, or additions to that software) (collectively “TeleNav Software”), and the TeleNav Connected Service (“TCS”). All references herein to “you” and “your” means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement. Additionally, of your account information, as well as other payment and personal information provided by you to TeleNav (directly or through the use of Shotgun, TeleNav Software and TCS), is subject to TeleNav’s privacy policy located at http://www.telenav.com.
TeleNav may revise this Agreement and the privacy policy at any time, with or without notice to you. You agree to visit http://www.telenav.com from time to time to review the then current version of this Agreement and of the privacy policy, and you agree to remain bound by such future versions of this Agreement and privacy policy for as long as you continue to own the Shotgun.
SAFE AND LAWFUL USE
Certain state laws prohibit drivers from using suction mounts or otherwise improperly mounting devices while operating motor vehicles, or from placing devices in ways that impair visibility out of a vehicle or pose risks to passengers or other individuals. Alternative mounting solutions must be used in these cases, and you agree to be fully responsible for mounting and securing the device legally and safely in any vehicle. (See, e.g., Minnesota Statutes 2005, Section 169.71). TeleNav shall not be liable for any fines, penalties or damages that may result from failure to comply with any state laws while driving.
You acknowledge that devoting attention to Shotgun or to TeleNav Software may pose a risk of injury or death to you and others in situations that otherwise require your undivided attention, and you therefore agree to comply with the following when using Shotgun and the TeleNav Software: (a) observe all traffic laws and otherwise drive safely; (b) use your own personal judgment while driving. If you feel that a route suggested by Shotgun and the TeleNav Software instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions; (c) do not input destinations, or otherwise manipulate Shotgun and the TeleNav Software, unless your vehicle is stationary and parked; (d) do not use Shotgun or the TeleNav Software for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement; (e) arrange all GPS and wireless devices and cables necessary for use of Shotgun and the TeleNav Software in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).
You agree to indemnify and hold TeleNav harmless against all claims resulting from any dangerous or otherwise inappropriate use of the Shotgun or of the TeleNav Software in any moving vehicle, including as a result of your failure to comply with the directions above.
ACCOUNT INFORMATION
You agree: (a) when signing up for TCS or registering your Shotgun, to provide TeleNav with true, accurate, current, and complete information about yourself, and (b) to inform TeleNav promptly of any changes to such information, and to keep it true, accurate, current and complete. If you provide TeleNav with any information that is untrue, inaccurate, not current or incomplete, or TeleNav has reasonable grounds to suspect so, TeleNav may suspend or terminate your access to TCS.
TELENAV CONNECTED SERVICE
The TeleNav Connected Service (TCS) is a subscription-based program that allows your Shotgun to send and receive information from TeleNav’s servers via a wireless connection, providing features such as traffic alerts and online pre-planning, and enables you to access additional functionality relating to your Shotgun using a Website made available to you by TeleNav. Please read this section carefully before you use the TeleNav Connected Service, as it defines certain additional terms and conditions that will specifically apply to your use of the TeleNav Connected Service. Your use of TeleNav Connected Service indicates that you accept this Agreement, including these terms and conditions, and the terms of TeleNav’s privacy policy, available at http://www.telenav.com. If you do not accept these terms and conditions and privacy policy, do not launch or otherwise use the TeleNav Connected Service.
Your Location and Route
Network coverage is required for TCS. For TeleNav to provide TCS, TeleNav must record your route information, including your point of origin, the address of your destination, the starting time of your trip, and the route you are instructed to follow, and must periodically receive your GPS location from the GPS hardware associated with Shotgun.
In using TCS, you allow TeleNav to access your GPS hardware and otherwise obtain this location and route information, and to record, compile and display such information internally. Such information is subject to TeleNav’s privacy policy located at http://www.telenav.com.
TCS License and Use Limitations
Subject to your compliance with the terms and conditions of this Agreement and continued payment of the applicable fees, TeleNav hereby grants to you a personal, non-exclusive, non-transferable license to use TCS, solely in connection with your use of the Shotgun. This license shall terminate when the earliest of the following occurs: (a) this Agreement terminates, or (b) your access to TCS is suspended, canceled or otherwise terminated.
Payment
Before your TCS access is activated, you must (i) provide TeleNav with a valid major credit card (American Express, VISA or MasterCard), or (ii) enter into a direct billing or prepaid agreement with TeleNav. You agree to pay all fees charged to your account for TCS (including applicable state and local taxes), in accordance with TeleNav’s billing terms in effect at the time the charge becomes payable. You will be charged such fees each month, even if you do not use TCS. TeleNav reserves the right to change the fees for TCS at any time, upon prior notice to you. If payment cannot be charged to your credit card or your credit card charge is returned to TeleNav for any reason, or you otherwise fail to pay the charges for TCS when due, TeleNav reserves the right to pursue any and all legal remedies to collect the amounts owed by you, and to suspend or terminate your access to TCS.
Termination of TCS
TeleNav reserves the right to discontinue TCS generally and/or to terminate your access to TCS at any time for any or no reason, and without notice to you. You may terminate TCS at any time while maintaining the rest of this Agreement in effect by calling TeleNav Customer Support at (888) 353-6288. Any such cancellation by you shall become effective upon TeleNav’s receipt of your notice. Upon any termination of your TCS, TeleNav shall have no liability to you or any further obligations under this Agreement, other than to provide you with a refund in accordance with TeleNav’s then current refund policy, unless such termination is for cause. For a copy of TeleNav’s refund policy, visit http://www.telenav.com.
SOFTWARE LICENSE
Subject to your compliance with the terms of this Agreement, TeleNav hereby grants to you a personal, non-exclusive, non-transferable license (except as expressly permitted below in connection with your sale or permanent transfer of the Shotgun), without the right to sublicense, to use the TeleNav Software (in object code form only and in the form preinstalled on the Shotgun) in order to access and use Shotgun. This license shall terminate upon any termination or expiration of this Agreement. You agree that you will use Shotgun and the TeleNav Software only for your personal business or leisure purposes, and not to provide commercial navigation services to other parties.
Limitations
You agree not to do any of the following: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the TeleNav Software, TCS, or any part thereof; (b) attempt to derive the source code, audio library or structure of the TeleNav Software without the prior express written consent of TeleNav; (c) remove from the TeleNav Software or TCS, or alter, any of TeleNav’s or its suppliers’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings; (d) distribute, sublicense or otherwise transfer the TeleNav Software to others, except as integrated into the Shotgun as part of your sale or permanent transfer of the Shotgun; (e) distribute, sublicense or otherwise transfer access to TCS to others. In the event that you sell or otherwise permanently transfer the Shotgun and therefore assign this Agreement as permitted below, you will continue to be responsible for payment of the TCS fees until you notify us of this assignment and ask us explicitly to either cancel the TCS service or transfer it to the new owner of the Shotgun (provided the new owner continues to pay the TCS fees); (f) use the Shotgun, TeleNav Software or TCS in any manner that (i) infringes the intellectual property or proprietary rights, rights of publicity or privacy or other rights of any party, (ii) violates any law, statute, ordinance or regulation, including but not limited to laws and regulations related to spamming, privacy, consumer and child protection, obscenity or defamation, or (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (g) violate or attempt to violate the security of TCS, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with, disrupt or disable service to any end user, host or network, including, without limitation, via means of overloading, "flooding", "mail-bombing" or "crashing", (iv) forging any TCP/IP packet header or any part of the header information in any e-mail, (v) taking any action in order to obtain services to which you are not entitled or (vi) sending any virus, worm, trojan horse or other harmful code or attachment. Violations of system or network security may result in civil or criminal liability; and (h) lease, rent out, or otherwise permit unauthorized access by third parties to the Shotgun, TeleNav Software or TCS without advanced written permission of TeleNav.
LIMITED WARRANTY AND DISCLAIMERS
TeleNav warrants that Shotgun will conform with its published specifications and be free from defects in materials or workmanship for one (1) year from the date of purchase. During such warranty period, in the event of a warranty defect, your sole and exclusive remedy is that TeleNav will replace the Shotgun without charge to you for either parts or labor, except that you will be responsible for shipping and handling costs. The warranty above excludes any nonconformance caused by normal wear and tear, misuse, accident, moisture, liquids, proximity or exposure to heat, abuse, negligence, unauthorized repair, physical damage to the internal components or to the surface of the Shotgun, or failure to abide by the directions contained in this Agreement or in the applicable documentation. In particular, you agree that dismantling, opening, or otherwise tampering with the Shotgun in any way will void this warranty.
Shotgun units replaced under warranty may be new, factory reconditioned, refurbished, re-manufactured or functionally equivalent and will be furnished only on an exchange basis. Replacement Shotgun units are warranted as above for the remainder of the original applicable warranty period.
If the replacement of your Shotgun is initiated during the applicable warranty but is completed after the applicable warranty period has expired, the warranty period for the replaced product will be six (6) months from the date of replacement. After one (1) year from the date of the original Shotgun purchase, you will be required to pay for the replacement of all parts, and for all labor and shipping charges.
An original or copy of a sales receipt from the original authorized sales retailer is required for warranty service. Online sales auction confirmations are NOT accepted for warranty verification. If you have any doubts whether your retailer is authorized by TeleNav to sell the Shotgun and pass onto you this warranty, please contact TeleNav immediately, before purchasing the Shotgun (if you are reading this Agreement in advance), or in any event without unwrapping the Shotgun.
To receive warranty service, you must contact customer support at 888-353.6288 during the warranty period to explain the defect and to obtain a Return Materials Authorization (RMA) number. You will be asked for your email address for TeleNav to send you an RMA number and details for returning the Product to TeleNav. Alternatively, you may receive this information verbally over the phone. The Product must be returned in the original packaging with (i) a copy of the email from TeleNav identifying your RMA number, or some other writing specifying your RMA number, and (ii) proof of purchase in the form of a copy of your original receipt. You must return the Product within seven (7) days of receiving an RMA number, along with an explanation of the defect, to the address provided to you by customer support. All shipping and insurance costs relating to any warranty claim will be your responsibility.
TeleNav also does not warrant the accuracy of the map or other data used for Shotgun and the TeleNav Software. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions.
TeleNav also does not warrant that your use of TCS will be uninterrupted or error-free. Rather, temporary interruptions of TCS may occur from time to time (such as when you drive into an area that has no coverage or when TCS or the TCS network is undergoing maintenance). TeleNav will exercise reasonable efforts to attempt to limit or prevent such occurrences. TeleNav also does not warrant the accuracy of the map or other data used for TCS. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions.
TeleNav has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but TeleNav makes no representations or warranties regarding the security of TCS or the transmission of data or information to and from TeleNav and Shotgun. TeleNav will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.
EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITED WARRANTY ABOVE, TELENAV EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES IN CONNECTION WITH THE SHOTGUN, TELENAV SOFTWARE AND THE TELENAV CONNECTED SERVICE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES WHICH MAY ARISE FROM COURSE OF DEALING, CUSTOM OR TRADE AND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SHOTGUN, TELENAV SOFTWARE AND TELENAV CONNECTED SERVICE. Certain jurisdictions do not permit the disclaimer of certain warranties, so this limitation may not apply to you.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TELENAV OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SHOTGUN, TELENAV SOFTWARE OR TELENAV CONNECTED SERVICE, EVEN IF TELENAV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE LIABILITY OF TELENAV AND OF ALL OF TELENAV’S SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SHOTGUN AND AS PART OF YOUR SUBSCRIPTION TO THE TELENAV CONNECTED SERVICE. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permissible pursuant to applicable law, in no event will TeleNav, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by Shotgun or the TeleNav Software. You are responsible for the entire risk arising out of your use of Shotgun and the TeleNav Software. For example but without limitation, you agree not to rely on Shotgun or the TeleNav Software for critical navigation in areas where the well-being or survival of you or others is dependent on the accuracy of navigation, as the maps or functionality of the Shotgun or the TeleNav Software are not intended to support such high risk applications, especially in more remote geographical areas.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold TeleNav 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 your use of Shotgun or the TeleNav Software.
ARBITRATION AND GOVERNING LAW
You agree that any dispute, claim or controversy arising out of or relating to this Agreement, Shotgun, the TeleNav Software or TCS shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association in the County of Santa Clara, California. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties. You expressly agree to waive your right to a jury trial.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. To the extent judicial action is necessary in connection with the binding arbitration, both TeleNav and you agree to submit to the exclusive jurisdiction of the courts of the County of Santa Clara, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
FCC NOTICE
The TeleNav Shotgun navigation hardware device (“Product”) has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This Product generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this Product does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: (a) Reorient or relocate the receiving antenna; (b) Increase the separation between the equipment and receiver; (c) Connect the equipment into an outlet on a circuit different from that to which the receiver is connected; and (d) Consult the dealer or an experienced radio/TV technician for help. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) This device must accept any interference received, including interference that may cause undesired operation. Modifications not expressly approved by TeleNav could void your authority to operate the equipment under FCC rules. The FCC ID is marked on the label at the rear of device, which is clearly visible to all persons at the time of purchase.
TeleNav, Inc. declares that the Product is installed with an irreplaceable battery. The Product must not be body worn (i.e., placed in a pocket) while turned on.
ASSIGNMENT
You may not resell, assign, or transfer this Agreement or any of your rights or obligations, except in totality, in connection with your sale or permanent transfer of the Shotgun, and expressly conditioned upon the new user of the Shotgun agreeing to be bound by the terms and conditions of this Agreement. Any such sale, assignment or transfer that is not expressly permitted under this paragraph will result in immediate termination of this Agreement, without liability to TeleNav, in which case you and all other parties shall immediately cease all use of the Shotgun and the TeleNav Software. Notwithstanding the foregoing, TeleNav may assign this Agreement to any other party at any time without notice, provided the assignee remains bound by this Agreement.
MISCELLANEOUS
This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof.
Except for the limited licenses expressly granted in this Agreement, TeleNav retains all right, title and interest in and to the Shotgun, TeleNav Software and TCS, including without limitation all related intellectual property rights. No licenses or other rights which are not expressly granted in this Agreement are intended to, or shall be, granted or conferred by implication, statute, inducement, estoppel or otherwise, and TeleNav and its suppliers and licensors hereby reserve all of their respective rights other than the licenses explicitly granted in this Agreement.
By using Shotgun, the TeleNav Software and TCS, you consent to receive from TeleNav all communications, including notices, agreements, legally required disclosures or other information in connection with Shotgun, the TeleNav Software and TCS (collectively, “Notices”) electronically. TeleNav may provide such Notices by posting them on TeleNav’s Website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of Shotgun, the TeleNav Software and TCS.
TeleNav’s or your failure to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
The headings in this Agreement are for convenience of reference only, will not be deemed to be a part of this Agreement, and will not be referred to in connection with the construction or interpretation of this Agreement. As used in this Agreement, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”
If you have any questions regarding the terms of this Agreement, please contact TeleNav by sending an email to care@telenav.com, by writing to TeleNav Customer Service, 1130 Kifer Road, Sunnyvale, CA 94086, or by calling TeleNav Customer Support at (888) 353-6288.
OTHER VENDORS TERMS AND CONDITIONS
Shotgun, the TeleNav Software, and TeleNav Connected Service utilizes map and other data licensed to TeleNav by third party vendors for the benefit of you and other end users. This Agreement includes end-user terms applicable to these companies (included at the end of this Agreement), and thus your use of Shotgun, the TeleNav Software, and TeleNav Connected Service is also subject to such terms. You agree to comply with the following additional terms and conditions, which are applicable to TeleNav’s third party vendor licensors:
End User Terms Required by Tele Atlas North America, Inc.
Shotgun, the TeleNav Software, and TCS utilize software licensed to TeleNav by Tele Atlas North America, Inc. (“Tele Atlas”). You may use this software (the “Tele Atlas Software”) as part of Shotgun subject to the following terms and conditions:
You may only use the Tele Atlas Software for internal business or personal uses.
Your use of the Tele Atlas Software is otherwise limited by the scope of the license agreement between Tele Atlas and TeleNav.
The Tele Atlas Software is the confidential information of Tele Atlas.
You are prohibited from making any unauthorized copies of the Tele Atlas Software.
You are prohibited from removing or obscuring any copyright or trademark notice, or restrictive legend with respect to the Tele Atlas Software.
The liability of Tele Atlas and its suppliers is limited by the limitation of liability provision set forth above.
The Tele Atlas Software is provided “as is” and on a “with all faults basis”, and Tele Atlas and its suppliers expressly disclaim all other warranties, express or implied, including but not limited to the implied warranties of non-infringement, merchantability, satisfactory quality, accuracy, title and fitness for a particular purpose. No oral or written advice or information provided by Tele Atlas or any of its agents, employees or third party providers shall create a warranty, and you are not entitled to rely on any such advice or information. This disclaimer is an essential condition of this Agreement.
In the event that you are a government entity, the following provisions apply to you:
U.S. GOVERNMENT RIGHTS. If you are an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 227.72021 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data – commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this Agreement, the construction that provides greater limitations on the Government’s rights shall control. Contractor/manufacturer is Tele Atlas North America, Inc., 11 Lafayette Street, Lebanon, NH 037661445. Phone: 603.643.0330. The Tele Atlas Software is ©1984-200_ by Tele Atlas North America, Inc. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Tele Atlas Software is a trade secret and a proprietary commercial product and not subject to disclosure.
If you are an agency, department, or other entity of any State government, the United States Government or any other public entity or funded in whole or in part by the United States Government, then you hereby agree to protect the Tele Atlas Software from public disclosure and to consider the Tele Atlas Software exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Tele Atlas Software. In the event that such exemption is challenged under any such laws, this Agreement shall be considered breached and any and all right to retain any copies or to use the Tele Atlas Software shall be terminated and considered immediately null and void. Any copies of the Tele Atlas Software held by you shall immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this Agreement shall be considered terminated and null and void, in its entirety, and any and all copies of the Tele Atlas Software shall immediately be destroyed.
You acknowledge that the use of the Tele Atlas Software with a non-Tele Atlas map may result in increased variance between the location displayed on the map and ground truth location.
You shall not provide display or allow access to the actual numerical latitude and longitude coordinates of the Tele Atlas Software.
You are prohibited from using the Tele Atlas Software (i) to create mailing lists or (ii) for other such similar uses.
Tele Atlas shall be a third party beneficiary of TeleNav’s rights under this Agreement.
EFFECTIVE AS OF MAY 1ST 2007
Other Third Party Components
* png.h - header file for PNG reference library
*
* libpng version 1.2.23 - November 6, 2007
* Copyright (c) 1998-2007 Glenn Randers-Pehrson
* (Version 0.96 Copyright (c) 1996, 1997 Andreas Dilger)
* (Version 0.88 Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.)
*
* Authors and maintainers:
* libpng versions 0.71, May 1995, through 0.88, January 1996: Guy Schalnat
* libpng versions 0.89c, June 1996, through 0.96, May 1997: Andreas Dilger
* libpng versions 0.97, January 1998, through 1.2.23 - November 6, 2007: Glenn
* See also "Contributing Authors", below.
* COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:
*
* If you modify libpng you may insert additional notices immediately following
* this sentence.
*
* libpng versions 1.2.6, August 15, 2004, through 1.2.23, November 6, 2007, are
* Copyright (c) 2004, 2006-2007 Glenn Randers-Pehrson, and are
* distributed according to the same disclaimer and license as libpng-1.2.5
* with the following individual added to the list of Contributing Authors:
*
* Cosmin Truta
*
* libpng versions 1.0.7, July 1, 2000, through 1.2.5, October 3, 2002, are
* Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are
* distributed according to the same disclaimer and license as libpng-1.0.6
* with the following individuals added to the list of Contributing Authors:
*
* Simon-Pierre Cadieux
* Eric S. Raymond
* Gilles Vollant
*
* and with the following additions to the disclaimer:
*
* There is no warranty against interference with your enjoyment of the
* library or against infringement. There is no warranty that our
* efforts or the library will fulfill any of your particular purposes
* or needs. This library is provided with all faults, and the entire
* risk of satisfactory quality, performance, accuracy, and effort is with
* the user.
*
* libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are
* Copyright (c) 1998, 1999, 2000 Glenn Randers-Pehrson, and are
* distributed according to the same disclaimer and license as libpng-0.96,
* with the following individuals added to the list of Contributing Authors:
*
* Tom Lane
* Glenn Randers-Pehrson
* Willem van Schaik
*
* libpng versions 0.89, June 1996, through 0.96, May 1997, are
* Copyright (c) 1996, 1997 Andreas Dilger
* Distributed according to the same disclaimer and license as libpng-0.88,
* with the following individuals added to the list of Contributing Authors:
*
* John Bowler
* Kevin Bracey
* Sam Bushell
* Magnus Holmgren
* Greg Roelofs
* Tom Tanner
*
* libpng versions 0.5, May 1995, through 0.88, January 1996, are
* Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.
*
* For the purposes of this copyright and license, "Contributing Authors"
* is defined as the following set of individuals:
*
* Andreas Dilger
* Dave Martindale
* Guy Eric Schalnat
* Paul Schmidt
* Tim Wegner
*
* The PNG Reference Library is supplied "AS IS". The Contributing Authors
* and Group 42, Inc. disclaim all warranties, expressed or implied,
* including, without limitation, the warranties of merchantability and of
* fitness for any purpose. The Contributing Authors and Group 42, Inc.
* assume no liability for direct, indirect, incidental, special, exemplary,
* or consequential damages, which may result from the use of the PNG
* Reference Library, even if advised of the possibility of such damage.
*
* Permission is hereby granted to use, copy, modify, and distribute this
* source code, or portions hereof, for any purpose, without fee, subject
* to the following restrictions:
*
* 1. The origin of this source code must not be misrepresented.
*
* 2. Altered versions must be plainly marked as such and
* must not be misrepresented as being the original source.
*
* 3. This Copyright notice may not be removed or altered from
* any source or altered source distribution.
*
* The Contributing Authors and Group 42, Inc. specifically permit, without
* fee, and encourage the use of this source code as a component to
* supporting the PNG file format in commercial products. If you use this
* source code in a product, acknowledgment is not required but would be
* appreciated.
www.sourceforge.net/projects/tinyxml
Original code (2.0 and earlier) copyright (c) 2000-2006 Lee Thomason
(www.grinninglizard.com)
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any
damages arising from the use of this software.
Permission is granted to anyone to use this software for any
purpose, including commercial applications, and to alter it and
redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must
not claim that you wrote the original software. If you use this
software in a product, an acknowledgment in the product documentation
would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and
must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source
distribution.
zlib.h -- interface of the 'zlib' general purpose compression library
version 1.2.3, July 18th, 2005
Copyright (C) 1995-2005 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
The data format used by the zlib library is described by RFCs (Request for
Comments) 1950 to 1952 in the files http://www.ietf.org/rfc/rfc1950.txt
(zlib format), rfc1951.txt (deflate format) and rfc1952.txt (gzip format).