TeleNav GPS Navigator™ Terms of Use

Please read these terms and conditions of use ("Terms of Use") carefully before you launch the TeleNav GPS Navigator on your wireless device. Your use of the TeleNav GPS Navigator indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the TeleNav GPS Navigator.

INTRODUCTION

These Terms of Use represent the agreement ("Agreement") between you and TeleNav, Inc. ("TeleNav") with respect to the TeleNav GPS Navigator service ("TeleNav Service"). 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.

TeleNav may revise these terms and conditions at any time, with or without notice to you. You should visit http://www.telenav.com from time to time to review the then current terms and conditions for the TeleNav Service.

THE TELENAV SERVICE

The TeleNav Service allows you to obtain via your wireless device GPS-assisted navigation instructions to destinations throughout most of the United States or Canada, depending on your cellular carrier. Use of the TeleNav Service requires payment of a monthly fee, which includes download to your wireless device of the TeleNav GPS Navigator software and any upgrades, modifications, or additions thereto (collectively, "TeleNav Software"), but does not include any hardware that may be required for certain wireless devices (such as a standalone GPS receiver). A complete description of the TeleNav Service is available at the Products link on TeleNav's website, located at http://www.telenav.com/products.

The TeleNav Service is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

The TeleNav Service utilizes map and other data licensed to TeleNav by third parties for the benefit of you and other end users. This Agreement includes end-user terms required by these companies (set forth at the end of this Agreement), and thus your use of the TeleNav Service is limited by and subject to such terms.

YOUR LOCATION AND ROUTE INFORMATION

For TeleNav to provide the TeleNav Service, 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 your wireless device.

In using the TeleNav Service, 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. Your use of the TeleNav Service indicates that you accept the terms of TeleNav's privacy policy.

SAFE AND LAWFUL USE OF THE TELENAV SERVICE

You agree to comply with the following when using the TeleNav Service:

Observe all traffic laws and otherwise drive safely.
Use your own personal judgment while driving. If you feel that a route suggested by the TeleNav Service 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.
Do not input destinations, or otherwise interact with the TeleNav Service, unless your vehicle is stationary and parked.
Do not use the TeleNav Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Arrange all GPS and wireless devices and cables necessary for use of the TeleNav Service 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).

PAYMENT

Before your TeleNav Service will be activated, you must: (i) provide TeleNav with a valid major credit card (American Express, VISA or MasterCard); (ii) enter into a direct billing or prepaid agreement with TeleNav; or (iii) subscribe to the TeleNav Service through your wireless telephone carrier, and agree to pay the relevant charges to such carrier.

You agree to pay all fees charged to your account for the TeleNav Service (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 the TeleNav Service. TeleNav reserves the right to change the fees for the TeleNav Service 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 the TeleNav Service 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 the TeleNav Service.

TELEPHONE CHARGES

You are responsible for any fees assessed by your wireless telephone carrier to access the TeleNav Service, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the TeleNav Service, such as Shared Address.

TeleNav reserves the right to change at any time the phone number designated for you to access the TeleNav Service, including eliminating any toll-free numbers.

TERMINATION

TeleNav reserves the right to terminate your access to the TeleNav Service at any time for any or no reason and without notice to you.

You may terminate the TeleNav Service at any time by notifying TeleNav via: (i) an email addressed to care@telenav.com; (ii) a letter addressed to TeleNav, Inc., 1130 Kifer Road, Sunnyvale, CA 94086; or (iii) a phone call to TeleNav Customer Support at (888) 353-6284. Any such cancellation by you shall become effective upon TeleNav's receipt of your notice.

Upon any termination of your TeleNav Service, 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.

ACCOUNT INFORMATION

You agree: (a) when signing up for the TeleNav Service, to provide TeleNav with true, accurate, current, and complete information about yourself, and (b) to inform TeleNav promptly of any changes to such information 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 has the right to suspend or terminate your access to the TeleNav Service.

All of your account information, as well as other payment and personal information provided by you to TeleNav, is subject to TeleNav's privacy policy located at http://www.telenav.com. Your use of the TeleNav Service indicates that you accept the terms of TeleNav's privacy policy.

SOFTWARE LICENSE

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the TeleNav Service.

Except for the limited license expressly granted herein, TeleNav shall own all right, title and interest in and to the TeleNav Software, including without limitation all intellectual property rights therein.

You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the TeleNav Software, or any part thereof.
Attempt to derive the source code, audio library or structure of the TeleNav Software without the prior express written consent of TeleNav.
Remove from the TeleNav Software, or alter, any of TeleNav's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the TeleNav Software to others.

DISCLAIMERS

The TeleNav Service and the TeleNav Software are provided "as is" and without warranties of any kind either express or implied. TeleNav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

You understand and agree that the TeleNav Software is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data, that results from the download of such software.

TeleNav does not warrant that the TeleNav Service or the TeleNav Software will not infringe on third party intellectual property rights.

TeleNav also does not warrant that your use of the TeleNav Service will be uninterrupted or error-free. Rather, temporary interruptions of the TeleNav Service may occur from time to time (such as when you drive into an area that has no cell phone coverage or when the TeleNav Service or your carrier's network is undergoing maintenance). TeleNav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will TeleNav be liable for any financial or other damages due to such interruptions.

TeleNav also does not warrant the accuracy of the map or other data used for the TeleNav Service. 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 the TeleNav Service or the transmission of data or information to and from TeleNav and your wireless device. TeleNav will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall TeleNav or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the TeleNav Service or the TeleNav Software, any defects in the TeleNav Service or the TeleNav Software, or any breach of this Agreement, even if TeleNav or its licensors have been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION

ARBITRATION AND GOVERNING LAW

You agree that any dispute, claim or controversy arising out of or relating to this Agreement, the TeleNav Service, or the TeleNav Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. 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.

MISCELLANEOUS

This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof.

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.

You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to TeleNav. Notwithstanding the foregoing, TeleNav may assign this Agreement to any affiliate at any time without notice.

By using the TeleNav Service, you consent to receive from TeleNav all communications, including notices, agreements, legally required disclosures or other information in connection with the TeleNav Service (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 the TeleNav Service.

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) 353-6284.

NOTE: Additional terms and conditions applicable to you are as follows:

END-USER TERMS REQUIRED BY NAVTEQ CORPORATION

The TeleNav Service utilizes data licensed to TeleNav by NAVTEQ Corporation ("NAVTEQ"). You may access this data ("Data") through the TeleNav Service subject to the following terms and conditions:

The Data is provided for your internal business and personal 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 TeleNav and its licensors (including their licensors and suppliers) on the other hand.

The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty, © Queen's Printer for Ontario, © Canada Post, GeoBase®.

NAVTEQ holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.

©United States Postal Service® 200X. 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

Internal Use Only. You agree to use this Data together with the TeleNav Service solely for the internal business and personal use for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, 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 TeleNav, 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. TeleNav 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: TELENAV 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: WITHOUT IN ANY WAY LIMITING THE LIMITATION OF LIABILITY PROVISION SET FORTH ABOVE, TELENAV 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 TELENAV 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 TeleNav (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 Illinois, 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. You agree to submit to the jurisdiction of the State of Illinois for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.

Users in Canada. The Data may include or reflect data of licensors, including Her Majesty and Canada Post. Such data is licensed on an "as is" basis. The licensors, including Her Majesty and Canada Post, 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 and Canada Post, 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 Data. The licensors, including Her Majesty and Canada Post, 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 Data.

You shall indemnify and save harmless the licensors, including Her Majesty the Queen, the Minister of Natural Resources of Canada and Canada Post, 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 Data.

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, NAVTEQ Data (hereinafter "Data") is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with these Terms of Use, 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: 425 West Randolph Street, Chicago, Illinois 60606

This Data is a commercial item as defined in FAR 2.101 and is subject to [insert the name of the terms/conditions in which this notice is included] under which this Data was provided.

© 200X 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.

END-USER TERMS REQUIRED BY TELE ATLAS NORTH AMERICA, INC.

The TeleNav Service utilizes software licensed to TeleNav by Tele Atlas North America, Inc. ("Tele Atlas"). You may use this software (the "Tele Atlas Software") through the TeleNav Service subject to the following terms and conditions:

You may only use the Tele Atlas Software for internal business or personal use and not for resale, sublicense or commercial use.
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 and you are prohibited from disclosing the Tele Atlas Software to third parties.
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 in these Terms of Use.
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.
Tele Atlas shall be a third party beneficiary of TeleNav's rights under these Terms of Use.
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 227.7202-1 (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 these Terms of Use, 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 03766-1445. Phone: 603.643.0330. The Tele Atlas Software is © 2006-200_ by Tele Atlas. 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, these Terms of Use shall be considered breached and any and all right to retain any copies or to use of 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, these Terms of Use 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 or telemarketing lists or (ii) for other such similar uses.

Effective as of June 11, 2010

TeleNav Navigator™ Términos De Uso—México

Se ruega al usuario leer con cuidado estas condiciones de uso (Términos de uso) antes de activar el TeleNav GPS Navigator en su dispositivo inalámbrico. La utilización de TeleNav GPS Navigator por parte del usuario indica su aceptación de estos términos y condiciones. Si no acepta estos términos y condiciones, se le ruega no activar ni utilizar de otro modo el TeleNav GPS Navigator.

INTRODUCCIÓN

Estos términos de uso constituyen el contrato (el "Contrato") entre el usuario y TeleNav, Inc. ("TeleNav") con respecto al servicio de TeleNav GPS Navigator ("Servicio de TeleNav"). Toda referencia en el presente al "usuario" significa usted, sus empleados, representantes y contratistas y cualquier otra persona física o jurídica que el usuario autorice a acceder al Servicio de TeleNav y beneficiarse del mismo; en el entendido de que, al hacerlo, se considerará que dicha persona física o jurídica ha aceptado estos términos y condiciones y que ha quedado obligada conforme al presente Contrato.

TeleNav podrá modificar estos términos y condiciones en cualquier momento con o sin notificación. TeleNav podrá notificar al usuario en forma electrónica mediante mensaje enviado a su dispositivo inalámbrico informando la modificación de los términos y condiciones y la fecha de entrada en vigencia de dicha modificación. El usuario deberá visitar http://www.telenav.com periódicamente para verificar los términos y condiciones del Servicio de TeleNav vigentes en dicho momento.

EL SERVICIO DE TELENAV

El Servicio de TeleNav permite al usuario obtener, por medio de su dispositivo inalámbrico, instrucciones de navegación asistida por un Sistema de Posicionamiento Global ("GPS") para destinos en la mayor parte de México, (en adelante, el "Territorio Autorizado"). El uso del Servicio de TeleNav requiere el pago de un cargo mensual, que consiste en una cantidad de pesos mexicanos que se informará al usuario previamente por medio de su dispositivo inalámbrico y que será cargada y cobrada por su prestador en su factura mensual. El pago de dicho cargo mensual incluye la descarga del software de TeleNav GPS Navigator y cualquier actualización, modificación o suplemento del mismo (conjuntamente, el "Software de TeleNav") a su dispositivo inalámbrico, pero no comprende hardware alguno que pueda ser necesario para ciertos dispositivos inalámbricos (por ejemplo, un receptor GPS autosuficiente). En el enlace Productos del sitio web de TeleNav puede obtenerse una descripción completa del Servicio de TeleNav, localizable en http://www.telenav.com/products.

El Servicio de TeleNav es para el uso empresarial o personal interno del usuario, estando prohibida su reventa o su traspaso u otro tipo de enajenación a cualquier otra persona física o jurídica.

El Servicio de TeleNav utiliza mapas y otros datos licenciados a TeleNav por terceros a beneficio del usuario y de otros usuarios finales. Este Contrato incluye los términos y condiciones para usuarios finales que exigen dichas empresas (expuestas al final del presente Contrato); por lo tanto, el uso del Servicio de TeleNav por parte del usuario queda limitado por dichos términos y condiciones y sujeto a los mismos.

INFORMACIÓN SOBRE LA UBICACIÓN Y RUTA DEL USUARIO

A fin de que TeleNav preste el Servicio de TeleNav, TeleNav debe registrar la información de ruta del usuario, incluyendo su punto de origen, la dirección de su destino, la hora de comienzo de su viaje y la ruta que se le indica seguir, debiendo recibir periódicamente la ubicación GPS del hardware GPS vinculado con el dispositivo inalámbrico del usuario. Toda esta información que el usuario proporcione a TeleNav se recibirá en carácter de información confidencial, privada y personal, comunicada exclusivamente con el fin específico de la prestar el Servicio de TeleNav. Por lo tanto, TeleNav se obliga a no revelar o compartir dicha información con persona física o jurídica alguna, a menos que sea con la expresa autorización del usuario, salvo en la medida de lo necesario para prestar el Servicio de TeleNav e informar las operaciones a nuestros terceros licenciantes.

Al utilizar el Servicio de TeleNav, el usuario permite a TeleNav acceder a su hardware de GPS y obtener de cualquier otro modo dicha información sobre su ubicación y ruta, así como a registrar, compilar y desplegar dicha información a efectos internos. Dicha información queda sujeta a la política de privacidad de TeleNav, localizable en http://www.telenav.com. El uso del Servicio de TeleNav por parte del usuario indica que éste ha leído y acepta dichos términos y condiciones de la política de privacidad de TeleNav.

UTILIZACIÓN SEGURA Y LÍCITA DEL SERVICIO DE TELENAV

Al utilizar el Servicio de TeleNav, el usuario se obliga a:

Cumplir con todas las leyes y reglamentos de tránsito y demás normas aplicables, y, en general, conducir con seguridad.
Emplear su criterio personal cuando esté conduciendo. Si considera que una ruta sugerida por el Servicio de TeleNav le instruye realizar una maniobra poco segura o ilícita, lo pone en una situación insegura, o le indica ingresar a una zona que considera insegura, no debe seguir dichas instrucciones.
No ingresar destinos ni interactuar de otro modo con el Servicio de TeleNav, a menos de que su vehículo esté inmóvil y estacionado.
No utilizar el Servicio de TeleNav con fines ilegales, no autorizados, no previstos, inseguros, peligrosos o ilícitos, o que sean de otro modo incongruentes con el presente Contrato.
Arreglar los dispositivos GPS e inalámbricos y el cableado que sean necesarios para utilizar el Servicio de TeleNav en forma segura en su vehículo, de modo que no interfieran con la conducción por parte del usuario ni impidan la operación de cualquier dispositivo de seguridad (por ejemplo, una bolsa de aire).

PAGO

Antes de activarse su Servicio de TeleNav, el usuario deberá (i) proporcionar a TeleNav una tarjeta de crédito válida de amplia circulación (American Express, VISA o MasterCard); o (ii) celebrar con TeleNav un acuerdo de facturación directa o pago anticipado; o (iii) inscribirse al Servicio de TeleNav por medio de su prestador de telefonía inalámbrica, obligándose a pagar los cargos pertinentes a dicho prestador.

El usuario se obliga a pagar todos los cargos cobrados a su cuenta por el Servicio de TeleNav (incluyendo los impuestos estatales y locales aplicables) de acuerdo con los términos y condiciones de facturación de TeleNav o de su prestador de telecomunicaciones que se encuentren vigentes en el momento en que deba pagarse el cargo. Dichos cargos le serán cobrados mensualmente aun cuando el usuario no utilice el Servicio de TeleNav. TeleNav se reserva el derecho de modificar los cargos del Servicio de TeleNav sin notificar dicha modificación anticipadamente al usuario. Si el usuario no está de acuerdo con los nuevos cargos y cuotas, puede cancelar su Servicio de TeleNav y suspender así cualquier cargo futuro.

En caso de que no pudiera cobrarse el pago a la tarjeta de crédito del usuario, o si el cargo de su tarjeta de crédito fuera devuelto a TeleNav por cualquier motivo, o si el usuario dejara de otro modo de pagar a su vencimiento los cargos del Servicio de TeleNav, TeleNav se reserva el derecho de promover las acciones legales que procedan a fin de cobrar las cantidades adeudadas por el usuario y a suspender o rescindir su acceso al Servicio de TeleNav.

CARGOS TELEFÓNICOS

Corre a cargo del usuario cualquier cargo que cobre su prestador de telefonía inalámbrica por el acceso al Servicio de TeleNav, incluyendo cualquier cargo por plan de datos o cualquier tarifa fija, cargo por comunicaciones fuera del área de servicio, roaming u otro cargo de conexión telefónica.

TeleNav se reserva el derecho de modificar en cualquier momento el número telefónico designado para el acceso del usuario al Servicio de TeleNav, incluyendo la eliminación de cualquier número de marcación sin costo.

RESCISIÓN

TeleNav se reserva el derecho de rescindir el acceso del usuario al Servicio de TeleNav en cualquier momento, en caso que el usuario deje de cumplir o acatar los términos y condiciones del presente Contrato.

TeleNav podrá rescindir este Contrato en cualquier momento, y sin incurrir en responsabilidad u obligación alguna para con el usuario conforme al presente Contrato, en caso que TeleNav deje de prestar el Servicio de TeleNav en general a sus clientes en el Territorio Autorizado.

El usuario podrá rescindir en cualquier momento la prestación del Servicio de TeleNav mediante: (i) comunicación por correo electrónico dirigida a care@telenav.com (ii) carta dirigida a TeleNav, Inc., 1130 Kifer Road, Sunnyvale, CA 94086 (iii) llamada telefónica dirigida al Centro de Atención al Cliente de TeleNav, al número (888) 353-6284. Dicha cancelación realizada por el usuario tendrá efecto a partir del momento en que TeleNav reciba su notificación.

En cualquier caso de rescisión del Servicio de TeleNav, TeleNav no incurrirá en responsabilidad alguna ni tendrá obligación alguna para con el usuario conforme al presente Contrato, salvo la de efectuarle un reembolso de conformidad con la política de reembolsos de TeleNav vigente en ese momento, excepto en el caso de rescisión con causa. Se puede consultar una copia de la política de reembolsos de TeleNav en http://www.telenav.com.

INFORMACIÓN SOBRE LA CUENTA

El usuario se obliga a: (a) proporcionar a TeleNav información veraz, exacta, actualizada y completa acerca del usuario al contratar el Servicio de TeleNav y (b) informar a TeleNav de forma oportuna acerca de cualquier cambio en dicha información a fin de mantener su veracidad, exactitud, actualidad e integridad.

En caso de que el usuario proporcione a TeleNav información que sea falsa, inexacta, desactualizada o incompleta, o que TeleNav tenga motivos fundados para sospechar que así sea, TeleNav tendrá derecho a suspender o rescindir el acceso del usuario al Servicio de TeleNav.

Toda información sobre la cuenta del usuario, como también la demás información sobre pagos o datos personales que facilite el usuario a TeleNav, está sujeta a la política de privacidad de TeleNav, localizable en http://www.telenav.com. La utilización del Servicio de TeleNav por parte del usuario implica su aceptación de los términos y condiciones de dicha política de privacidad de TeleNav.

LICENCIA DE SOFTWARE

Sujeto a su cumplimiento de los términos y condiciones de este Contrato, por medio del presente TeleNav otorga al usuario una licencia personal no exclusiva e intransmisible para: (i) descargar o copiar de otro modo el Software de TeleNav a su dispositivo inalámbrico y (ii) utilizar el Software de TeleNav (únicamente en forma de código objeto) en dicho dispositivo inalámbrico a fin de acceder y utilizar el Servicio de TeleNav.

Dicha licencia quedará sin efecto al producirse la rescisión del presente Contrato o ante cualquier suspensión, rescisión o cancelación del acceso del usuario al Servicio de TeleNav.

A excepción de la licencia limitada que es otorgada expresamente en virtud del presente, TeleNav será el propietario de todo derecho, titularidad y participación en el Software de TeleNav, incluyendo, de manera enunciativa mas no limitativa, todos los derechos de propiedad industrial sobre el mismo.

El usuario se obliga a no:

Realizar ingeniería inversa, descompilar, desensamblar, traducir, modificar, alterar o cambiar de otro modo el Software de TeleNav o cualquier elemento del mismo.
Intentar derivar el código fuente, la biblioteca de audio o la estructura del Software de TeleNav sin el consentimiento previo por escrito de TeleNav.
Quitar del Software de TeleNav, o alterar, cualquiera de las marcas, nombres comerciales, logotipos, notificaciones de patentes o derechos de autor, u otras notificaciones o inscripciones de TeleNav o de cualquier proveedor del mismo.
Distribuir, sublicenciar o transmitir de otro modo el Software de TeleNav a terceros.

RENUNCIAS DE RESPONSABILIDAD

En la máxima medida en que lo permita la legislación aplicable, ni TeleNav ni sus licenciantes o proveedores, ni los representantes o empleados de cualquiera de los mismos, asumen en ningún caso responsabilidad alguna por las decisiones o acciones tomadas por el usuario o por cualquier otra persona sobre la base de la información prestada por el Servicio de TeleNav o el Software de TeleNav. El usuario es responsable por la totalidad del riesgo que origine el uso del Servicio de TeleNav y el Software de TeleNav por parte del usuario.

Tanto el Servicio de TeleNav como el Software de TeleNav se prestan tal y como se encuentren y sin garantía alguna, ya sea expresa o implícita. TeleNav renuncia a toda garantía, expresa o implícita, incluyendo, de manera enunciativa mas no limitativa, las garantías implícitas de comerciabilidad e idoneidad para un fin determinado.

Por cuanto ciertas exclusiones de garantía pueden no ser permitidas conforme a la legislación aplicable, es posible que algunas de las renuncias que anteceden no resulten aplicables en el caso particular del usuario.

OTRAS CONDICIONES

El usuario entiende y conviene en que el Software de TeleNav se descarga a su dispositivo inalámbrico por su propia cuenta y riesgo, siendo el usuario el único responsable de cualquier daño a su dispositivo inalámbrico, o cualquier pérdida de datos, que se puedan producir como resultado de dicha descarga de software.

TeleNav no garantiza que el Servicio de Telenav o el Software de TeleNav no violen los derechos de propiedad industrial de terceros.

Asimismo, TeleNav no garantiza que el uso del Servicio de TeleNav por parte del usuario sea ininterrumpido o libre de errores. Por el contrario, podrán producirse periódicamente interrupciones temporales del Servicio de TeleNav (por ejemplo, cuando el usuario conduzca su vehículo en una zona que no tiene cobertura de telefonía celular, o cuando el Servicio de TeleNav o la red del prestador telefónico del usuario se encuentre bajo mantenimiento). TeleNav realizará esfuerzos razonables para intentar limitar o evitar dichos acontecimientos, pero no será responsable bajo circunstancia alguna por ningún perjuicio económico o de cualquier otra índole que se deba a dichas interrupciones.

TeleNav tampoco garantiza la exactitud del mapa u otros datos utilizados para el Servicio de TeleNav. Es posible que dichos datos no siempre reflejen la realidad, debido, entre otras cosas, a la clausura de caminos, obras de construcción, las condiciones meteorológicas, la existencia de caminos nuevos y otras condiciones cambiantes.

TeleNav cuenta con políticas y procedimientos de seguridad tecnológica y operativa destinados a proteger la información del usuario contra pérdidas, uso indebido, alteraciones, o destrucción no intencional, pero TeleNav no hace declaración o garantía alguna respecto de la seguridad del Servicio de TeleNav ni respecto de la transmisión de datos o información entre TeleNav y el dispositivo inalámbrico del usuario. TeleNav no responderá ante el usuario o cualquier otra persona en el caso de una infiltración no autorizada de cualquiera de sus sistemas.

LIMITACIÓN DE RESPONSABILIDAD

En la medida en que lo permita la legislación aplicable, ni TeleNav ni sus licenciantes (ni sus respectivos licenciantes y proveedores) serán responsables bajo ninguna circunstancia ante el usuario o ante cualquier otra persona por las pérdidas, lesiones o daños (incluyendo, de manera enunciativa mas no limitativa, daños indemnizables, punitivos, especiales, incidentales, indirectos, ejemplares o eventuales) originados o relacionados con el uso del Servicio de TeleNav o del Software de TeleNav por parte del usuario o cualquier otra persona, cualquier defecto del Servicio de TeleNav o el Software de TeleNav, o cualquier incumplimiento del presente Contrato, aun cuando TeleNav o sus licenciantes hayan sido notificados de la posibilidad de que se produzcan dichos daños.

Por cuanto la limitación o exclusión de responsabilidad o de daños incidentales o eventuales pueden no ser permitidas conforme a la legislación aplicable, es posible que la exclusión que antecede no resulte aplicable en el caso particular del usuario.

INDEMNIZACIÓN

En la medida en que lo permita la legislación aplicable, el usuario se obliga a indemnizar, defender y mantener en paz y a salvo a TeleNav y a sus licenciantes (incluyendo a sus respectivos licenciantes, proveedores, cesionarios, subsidiarias y sociedades afiliadas, así como a los funcionarios, directores, empleados, accionistas, agentes y representantes de cada uno de éstos) ante cualquier responsabilidad, pérdida, lesión (incluyendo lesiones fatales), requerimiento, acción, costo, gasto o reclamación de cualquier índole, incluyendo, de manera enunciativa mas no limitativa, los honorarios de abogados originados o relacionados con la utilización del Servicio de TeleNav o del Software de TeleNav por parte del usuario.

ARBITRAJE Y LEGISLACIÓN APLICABLE

El usuario conviene en que cualquier pleito, reclamación o controversia que surja del presente Contrato, del Servicio de TeleNav o del Software de TeleNav, o que se relacione con cualquiera de éstos, se resolverá mediante arbitraje independiente celebrado ante un árbitro neutral y administrado por la Asociación Americana de Arbitraje (American Arbitration Association). El árbitro deberá aplicar las Reglas de Arbitraje Comercial (Comercial Arbitration Rules) de la Asociación Americana de Arbitraje (American Arbitration Association), y cualquier tribunal competente podrá dictar sentencia sobre el laudo arbitral dictado por dicho árbitro. Debe advertirse que no existe juez ni jurado en un proceso arbitral, y que la decisión del árbitro será vinculante para ambas partes. El usuario renuncia en forma expresa e irrevocable a cualquier foro o jurisdicción que pudiera corresponderle en virtud de su domicilio o residencia presente o futuro, o por cualquier otro motivo.

El presente Contrato y su cumplimiento se regirán y se interpretarán conforme a las leyes del Estado de California, sin dar cabida a sus disposiciones sobre conflictos de leyes. El usuario conviene en someterse a la jurisdicción exclusiva de los tribunales del Condado de Santa Clara, California.

DISPOSICIONES MISCELÁNEAS

El presente Contrato constituye el acuerdo completo entre TeleNav y el usuario con respecto al objeto del presente.

En caso de que TeleNav o el usuario no exija el cumplimiento de alguna disposición del presente, ello no afectará su derecho a exigir tal cumplimiento en cualquier momento posterior, y la renuncia de cualquier violación o incumplimiento del presente Contrato no será considerada como una renuncia de cualquier violación o incumplimiento posterior, ni una renuncia a la disposición misma.

En caso de declararse inejecutable cualquier disposición del presente, dicha disposición deberá modificarse para reflejar la intención de las partes, quedando en plena vigencia las demás disposiciones del presente Contrato.

El usuario no podrá revender, ceder o transmitir ninguno de los derechos que le derivan del presente. Cualquier intento de hacerlo podría ser causal de rescisión del presente Contrato, sin responsabilidad alguna por parte de TeleNav. Sin perjuicio de lo anterior, TeleNav podrá ceder el presente Contrato a cualquiera de sus sociedades afiliadas en cualquier momento y sin notificación alguna.

Al utilizar el Servicio de TeleNav, el usuario consiente en recibir de TeleNav en forma electrónica toda comunicación, incluyendo las notificaciones, convenios, declaraciones exigidas por ley u otra información relativa al Servicio de TeleNav (en su conjunto, las "Notificaciones"). TeleNav podrá realizar dichas Notificaciones mediante su publicación en el sitio web de TeleNav o mediante la descarga de dichas Notificaciones al dispositivo inalámbrico del usuario. En caso de que el usuario desee retirar su consentimiento para recibir Notificaciones en forma electrónica, deberá descontinuar el uso del Servicio de TeleNav.

Si el usuario tiene cualquier pregunta con respecto a las condiciones del presente Contrato, se le ruega comunicarse con TeleNav mediante correo electrónico dirigido a care@telenav.com, por escrito a TeleNav Customer Service, 1130 Kifer Road, Sunnyvale, CA 94086, o mediante llamada telefónica al Centro de Atención al Cliente de TeleNav, al número (888) 353-6284.

NOTA: A continuación se indican los términos y condiciones adicionales exigidas por terceros licenciantes de TeleNav y aplicables al usuario.

TÉRMINOS Y CONDICIONES PARA USUARIOS FINALES EXIGIDOS POR NAVTEQ CORPORATION

El Servicio de TeleNav utiliza datos licenciados a TeleNav por Navteq Corporation ("Navteq"). El usuario podrá acceder a dichos datos ("Datos") por medio del Servicio de TeleNav, sujeto a los siguientes términos y condiciones:

Los Datos se suministran exclusivamente para el uso personal y de negocios del usuario y no para su reventa. Los Datos están protegidos por derechos de autor, quedando sujetos a los siguientes términos y condiciones que se convienen entre el usuario, por una parte, y TeleNav y sus licenciantes (incluyendo a sus licenciantes y proveedores), por la otra.

Los Datos para zonas de Canadá comprenden información tomada con autorización de autoridades canadienses como las siguientes: © Su Majestad, © Imprenta de la Reina para Ontario, © Canada Post GeoBase®.

Navteq detenta una licencia no exclusiva del Servicio Postal Estadounidense (United States Postal Service)® para publicar y vender información ZIP+4®.

©United States Postal Service® 200X. Los precios no son establecidos, controlados ni aprobados por el United States Postal Service®. Las siguientes marcas e inscripciones son de propiedad del USPS: United States Postal Service, USPS y ZIP+4.

TÉRMINOS Y CONDICIONES

Uso Interno Exclusivo. El usuario conviene en utilizar estos Datos junto con el Servicio de TeleNav para los fines exclusivamente internos de negocios y personales que contempla su licencia y no para fines de oficinas de servicios, tiempo compartido u otros fines similares. Por lo tanto, pero sujeto a los límites establecidos en los párrafos siguientes, el usuario podrá copiar estos Datos únicamente en la medida en que sea necesario para su uso personal con el fin de: (i) visualizarlos y (ii) guardarlos, siempre que no retire los avisos de derecho de autor que allí figuran, ni modifique los Datos en forma alguna. El usuario conviene en no reproducir, copiar, modificar, descompilar, desensamblar o realizar ingeniería inversa sobre ninguna parte de estos Datos, y no podrá transmitirlos ni distribuirlos en forma alguna ni con fin alguno, salvo en la medida de lo permitido en virtud de las leyes vinculantes.

Restricciones. Salvo en la medida en que TeleNav le haya otorgado expresamente una licencia para hacerlo, y sin perjuicio de lo dispuesto en el párrafo precedente, el usuario no deberá: (a) utilizar estos Datos con ningún producto, sistema o aplicación que esté instalado o conectado de otro modo o en comunicación con vehículos aptos para la navegación, posicionamiento, despacho, guía de ruta en tiempo real o gestión de flotas de vehículos, o aplicaciones similares; ni (b) utilizar estos Datos con fines de comunicación, con ningún dispositivo de posicionamiento o dispositivo electrónico o de computación móvil o inalámbrico, incluyendo, de manera enunciativa mas no limitativa, teléfonos celulares, computadoras portátiles (palmtop o handheld), buscapersonas y equipos asistentes digitales personales o PDA.

Advertencia. Los Datos pueden incluir información inexacta o incompleta debido al transcurso del tiempo, cambios de circunstancias, fuentes utilizadas y las características inherentes a la recopilación de datos geográficos integrales, y cualquiera de dichos factores puede producir resultados erróneos.

Inexistencia de Garantía. Los presentes Datos se entregan al usuario tal y como se encuentren, y el usuario conviene en utilizarlos por su propia cuenta y riesgo. TeleNav y sus licenciantes (así como los licenciantes y proveedores de éstos) no hacen declaración ni garantía alguna, expresa o implícita, establecida por ley o de cualquier otro modo, incluyendo, de manera enunciativa mas no limitativa, sobre el contenido, calidad, exactitud, integridad, vigencia, confiabilidad, idoneidad para un fin determinado, utilidad, uso o resultados a obtenerse de dicho Datos, ni sobre el funcionamiento del servidor en forma ininterrumpido o sin errores.

Renuncia de Garantía: TELENAV Y SUS LICENCIANTES (INCLUYENDO LOS LICENCIANTES Y PROVEEDORES DE ÉSTOS) RENUNCIAN A TODA GARANTÍA, EXPRESA O IMPLÍCITA, EN CUANTO A CALIDAD, FUNCIONAMIENTO, COMERCIABILIDAD, IDONEIDAD PARA UN FIN DETERMINADO O INEXISTENCIA DE INFRACCIONES. En la medida en que algunos Estados, Territorios y Países no permiten ciertas exclusiones de garantías, la exclusión que antecede puede resultar inaplicable en el caso particular del usuario.

Renuncia de Responsabilidad: SIN LIMITAR EN FORMA ALGUNA LA CLÁUSULA DE LIMITACIÓN DE RESPONSABILIDAD ESTABLECIDA ANTERIORMENTE, TELENAV Y SUS LICENCIANTES (INCLUYENDO LOS LICENCIANTES Y PROVEEDORES DE ÉSTOS) NO RESPONDERÁN EN FORMA ALGUNA ANTE EL USUARIO: CON RESPECTO A NINGUNA RECLAMACIÓN, REQUERIMIENTO O ACCIÓN, SEA CUAL FUERE LA CAUSA DE LA MISMA, EN QUE SE ALEGUEN PÉRDIDAS, LESIONES O DAÑOS, DIRECTOS O INDIRECTOS, QUE PUDIERAN RESULTAR DEL USO O POSESIÓN DE DICHA INFORMACIÓN; NI POR CUALQUIER PÉRDIDA DE UTILIDADES, INGRESOS, CONTRATOS O AHORROS, U OTROS DAÑOS DIRECTOS, INDIRECTOS, INCIDENTALES, ESPECIALES O EVENTUALES, QUE RESULTEN DE LA UTILIZACIÓN DE DICHA INFORMACIÓN POR PARTE DEL USUARIO, DE SU INCAPACIDAD DE UTILIZAR DICHA INFORMACIÓN, DE CUALQUIER DEFECTO EN DICHA INFORMACIÓN, O DEL INCUMPLIMIENTO DE ESTOS TÉRMINOS Y CONDICIONES, EN CONCEPTO DE RESPONSABILIDAD CONTRACTUAL O BIEN EXTRACONTRACTUAL, O EN VIRTUD DE UNA GARANTÍA, AUN CUANDO TELENAV O SUS LICENCIANTES HAYAN SIDO NOTIFICADOS DE LA POSIBILIDAD DE QUE SE PRODUZCAN DICHOS DAÑOS. En la medida en que algunos Estados, Territorios y Países no permiten ciertas exclusiones de responsabilidad o la limitación de daños, lo anterior puede resultar inaplicable en el caso particular del usuario.

Control de Exportaciones. El usuario se obliga a no exportar, desde lugar alguno, elemento alguno de los Datos que le sean entregados, ni cualquier producto directo de los mismos, a menos de que sea de conformidad con todas las licencias y aprobaciones requeridas bajo las leyes, normas y reglamentos aplicables en materia de exportaciones.

Acuerdo Completo. Los presentes términos y condiciones constituyen el acuerdo completo entre TeleNav (y sus licenciantes, incluyendo los licenciantes y proveedores de éstos) y el usuario con respecto al objeto del presente Contrato, derogando en su totalidad cualquier acuerdo verbal o escrito que exista con anterioridad entre las partes con respecto a dicho objeto.

Legislación Aplicable. Los términos y condiciones precedentes se regirán por las leyes del Estado de, sin dar cabida ni (i) a sus disposiciones sobre conflictos de leyes ni (ii) a la Convención de las Naciones Unidas para los Contratos de Venta Internacional de Bienes (United Nations Convention on the International Sale of Goods), la que queda expresamente excluida. El usuario conviene en someterse a la jurisdicción del Estado de Illinois en caso de cualquier pleito, reclamación o acción que surja o se relacione con los Datos proporcionados al usuario de conformidad con el presente Contrato.

Usuarios en Canadá. Los Datos podrán incluir o reflejar datos de licenciantes, incluyendo a Su Majestad la Reina y Canada Post. Dichos datos se entregan bajo licencia tal y como se encuentren. Los licenciantes, incluyendo Su Majestad la Reina y Canada Post, no hacen declaración o garantía alguna, ya sea explícita o implícita, establecida por ley o de cualquier otro modo, sobre dichos datos, incluyendo, de manera enunciativa mas no limitativa, sobre su vigencia, integridad, exactitud o idoneidad para un fin determinado.

Los licenciantes, incluyendo a Su Majestad la Reina y Canada Post, no serán responsables ante ninguna reclamación, requerimiento o acción, sea cual fuere la causa de la misma, en que se aleguen pérdidas, lesiones o daños, directos o indirectos, que pudieran resultar del uso o posesión de los datos o de los Datos. Los licenciantes, incluyendo a Su Majestad la Reina y Canada Post, no serán responsables de forma alguna por la pérdida de ingresos o contratos, o por cualquier otro daño eventual de cualquier índole, que resulte de cualquier defectos en los datos o en los Datos.

El usuario deberá indemnizar y mantener en paz y a salvo a dichos licenciantes, incluyendo a Su Majestad la Reina, al Ministro de Recursos Naturales de Canadá y a Canada Post, y a sus respectivos funcionarios, empleados y agentes, ante cualquier reclamación, requerimiento o acción, sea cual fuere la causa de la misma, en que se aleguen pérdidas, costos, gastos, daños o lesiones (incluyendo lesiones fatales) que surjan del uso o posesión de los datos o de los Datos.

Usuarios Finales Gubernamentales. En el supuesto de que los Datos sean adquiridos por el gobierno de los Estados Unidos de América o alguna organización que lo represente o por cualquier

otra persona que procure obtener o aplicar derechos similares a los invocados habitualmente por el gobierno de los Estados Unidos de América, la información de Navteq

(de aquí en adelante llamados "Datos") es un "elemento commercial" conforme se define dicho término en la norma 48 C.F.R. ("FAR") 2.101 y se licenciará

de acuerdo con los presentes términos de uso y cada copia de Datos entregada o de otra manera deberá estar marcada o integrada según sea

lo apropiado de acuerdo a la siguiente "Notificación de uso" y debe de ser manejada de conformidad con dicha Notificación:

Notificación de Uso

Contratista (Fabricante / Proveedor) Nombre: NAVTEQ

Contratista (Fabricante / Proveedor) Domicilio: 425 West Randolph Street, Chicago, Illinois 60606

Estos datos constituyen un "commercial item" (elemento comercial) conforme se lo define en la norma FAR 2.101, quedando sujetos a (intertar el nombre de los términos/condiciones en la cual esta notificación está incluída) cuyo amparo fueron suministrados.

En el supuesto de que el Funcionario Contratante, organismo del gobierno federal o cualquier funcionario federal se niegue a utilizar la leyenda prevista en el presente, dicho Funcionario Contratante, organismo del gobierno federal o funcionario federal deberá notificar a Navteq antes de procurar la obtención de derechos adicionales o alternativos sobre los Datos.

TÉRMINOS Y CONDICIONES PARA USUARIOS FINALES EXIGIDOS POR TELE ATLAS NORTH AMERICA, INC.

El Servicio de TeleNav utilize software licenciado a TeleNav por Tele Atlas North America, Inc. ("Tele Atlas"). El usuario podrá utilizar dicho software (el "Software de Tele Atlas") por medio del Servicio de TeleNav, sujeto a los siguientes términos y condiciones:

El usuario sólo podrá utilizar el Software de Tele Atlas para fines personales o empresariales internos y no para revender, Sublicenciar o uso comercial.
La utilización del Software de TeleNav por parte del usuario queda limitada además por el alcance del contrato de licencia entre Tele Atlas y TeleNav.
El Software de Tele Atlas constituye información confidencial de Tele Atlas y el usuario final tiene prohibido compartir el sofware de TeleAtlas con terceras partes.
El usuario no deberá hacer copias no autorizadas del Software de Tele Atlas.
El usuario no deberá quitar u ocultar cualquier notificación de derecho de autor o marca, ni cualquier leyenda restrictiva, con respecto al Software de Tele Atlas.
La responsabilidad de Tele Atlas y sus proveedores queda limitada por la cláusula de limitación de responsabilidad establecida anteriormente en los Términos de uso.
El Software de Tele Atlas se proporciona "tal y como se encuentre" y "con todos los defectos que tenga", y Tele Atlas y sus proveedores renuncian expresamente a toda garantía, expresa o implícita, incluyendo de manera enunciativa mas no limitativa las garantías implícitas de inexistencia de infracciones, comerciabilidad, calidad satisfactoria, exactitud, titularidad e idoneidad para un fin determinado. Ninguna asesoría o información proporcionada en forma verbal o escrita por Tele Atlas o cualquiera de sus agentes, empleados o terceros proveedores constituirá una garantía, y por consiguiente el usuario no tiene derecho a confiar en dicha asesoría o información. La presente declaración es condición esencial del presente Contrato.

Tele Atlas deberá ser un beneficiario de terceras partes de los derechos que tiene TeleNav en sus términos de uso

En caso de que el usuario sea un organismo gubernamental, se le aplicarán las siguientes disposiciones:

DERECHOS DEL GOBIERNO DE LOS ESTADOS UNIDOS DE AMÉRICA. En caso de que el usuario sea una dependencia, departamento u otra entidad del Gobierno de los Estados Unidos de América, o sea financiado en forma total o parcial por el Gobierno de los Estados Unidos de América, el uso, duplicación, reproducción, difusión, modificación, revelación o transferencia del presente producto comercial y de su documentación acompañante queda limitada según los derechos LIMITADOS o RESTRINGIDOS descritos en DFARS 252.227-7014(a)(1) (JUN 1995) (definición de software de computación comercial establecida por el DOD), DFARS 227.7202-1 (política sobre software de computación comercial establecida por el DOD), FAR 52.227-19 (JUN 1987) (cláusula sobre software de computación comercial para dependencias civiles), DFAR"S 252.227-7015 (NOV 1995) (cláusula de datos técnicos - elementos comerciales establecida por el DOD); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (cláusula sobre datos técnicos y software de computación no comercial para dependencias civiles); y/o FAR 12.211 y FAR 12.212 (adquisiciones de elementos comerciales), según sea el caso. En caso de incongruencia entre cualquiera de las disposiciones FAR y DFARS relacionadas en el presente y este Contrato y en sus Términos de uso, regirá la interpretación que disponga mayores restricciones sobre los derechos del Gobierno. El Contratista / fabricante es Tele Atlas North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Teléfono: 603.643. 0330. El Software de Tele Atlas está amparado por los siguientes derechos de autor: ©2006-200_ de Tele Atlas TODOS LOS DERECHOS RESERVADOS. A los fines de cualquier disposición sobre revelación pública conforme a cualquier ley federal, estatal o local, queda convenido que el Software de Tele Atlas constituye un secreto comercial y un producto comercial de propiedad exclusiva, no estando sujeto a revelación.

En caso de que el usuario sea una agencia, departamento u otra entidad del Gobierno de los Estados Unidos de América, o sea financiado en forma total o parcial por el Gobierno de los Estados Unidos de América, el usuario se obliga por el presente a proteger el Software de Tele Atlas con el fin de evitar su revelación pública, y a considerar al Software de Tele Atlas como exento de cualquier ley, norma, reglamento o código, incluyendo las leyes Sunshine Act (Ley de Gobierno a la Luz del Día), Public Records Act (Ley de Registros Públicos), Freedom of Information Act (Ley de Libertad de Información) o equivalentes, que permita el acceso y/o la reproducción o utilización pública del Software de Tele Atlas. En caso de que dicha exención sea impugnada en virtud de cualquiera de dichas leyes, estos Términos de Uso deben ser considerados como sido violados, quedando rescindido y anulado de forma inmediata todo derecho a conservar copias o utilizar el Software de Tele Atlas. Toda copia del Software de Tele Atlas que obre en poder del usuario deberá ser destruido de forma inmediata. En caso de que cualquier tribunal competente considere que la presente cláusula es total o parcialmente nula o inejecutable por cualquier motivo, los Términos de USo se considerará rescindido y anulado en su totalidad, debiendo destruirse en forma inmediata toda copia del Software de Tele Atlas.
El usuario reconoce que el uso del Software de TeleNav con un mapa que no sea de Tele Atlas puede producir una mayor variación entre la ubicación que muestre el mapa y la ubicación real en el terreno.
El usuario no podrá facilitar la exhibición o permitir el acceso a las coordenadas reales de latitud y longitud del Software de Tele Atlas.
El usuario tiene prohibido utilizar el Software de Tele Atlas: (i) para crear listas de correo o telemercadeo (ii) para cualquier otro uso similar.

Váido a partir del 25 de Junio de 2010

TeleNav GPS Navigator™ Terms of Use for BlackBerry App World™

INTRODUCTION

THE TELENAV SERVICE

The TeleNav Service is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

YOUR LOCATION AND ROUTE INFORMATION

SAFE AND LAWFUL USE OF THE TELENAV SERVICE

You agree to comply with the following when using the TeleNav Service:

Observe all traffic laws and otherwise drive safely.
Use your own personal judgment while driving. If you feel that a route suggested by the TeleNav Service 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.
Do not input destinations, or otherwise interact with the TeleNav Service, unless your vehicle is stationary and parked.
Do not use the TeleNav Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Arrange all GPS and wireless devices and cables necessary for use of the TeleNav Service 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).

PAYMENT

TELEPHONE CHARGES

TeleNav reserves the right to change at any time the phone number designated for you to access the TeleNav Service, including eliminating any toll-free numbers.

TERMINATION

TeleNav reserves the right to terminate your access to the TeleNav Service at any time for any or no reason and without notice to you.

ACCOUNT INFORMATION

SOFTWARE LICENSE

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the TeleNav Service.

You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the TeleNav Software, or any part thereof.
Attempt to derive the source code, audio library or structure of the TeleNav Software without the prior express written consent of TeleNav.
Remove from the TeleNav Software, or alter, any of TeleNav's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the TeleNav Software to others.

DISCLAIMERS

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

TeleNav does not warrant that the TeleNav Service or the TeleNav Software will not infringe on third party intellectual property rights.

LIMITATION OF LIABILITY

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION

ARBITRATION AND GOVERNING LAW

MISCELLANEOUS

This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof.

NOTE: Additional terms and conditions applicable to you are as follows:

END-USER TERMS REQUIRED BY NAVTEQ CORPORATION

The TeleNav Service utilizes data licensed to TeleNav by NAVTEQ Corporation ("NAVTEQ"). You may access this data ("Data") through the TeleNav Service subject to the following terms and conditions:

The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty, © Queen's Printer for Ontario, © Canada Post, GeoBase®.

NAVTEQ holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.

TERMS AND CONDITIONS

Notice of Use

Contractor (Manufacturer/Supplier) Name: NAVTEQ

Contractor (Manufacturer/Supplier) Address: 425 West Randolph Street, Chicago, Illinois 60606

This Data is a commercial item as defined in FAR 2.101 and is subject to [insert the name of the terms/conditions in which this notice is included] under which this Data was provided.

© 200X NAVTEQ – All rights reserved.

END-USER TERMS REQUIRED BY TELE ATLAS NORTH AMERICA, INC.

You may only use the Tele Atlas Software for internal business or personal use and not for resale, sublicense or commercial use.
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 and you are prohibited from disclosing the Tele Atlas Software to third parties.
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 in these Terms of Use.
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.
Tele Atlas shall be a third party beneficiary of TeleNav's rights under these Terms of Use.
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 227.7202-1 (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 these Terms of Use, 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 03766-1445. Phone: 603.643.0330. The Tele Atlas Software is © 2006-200_ by Tele Atlas. 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, these Terms of Use shall be considered breached and any and all right to retain any copies or to use of 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, these Terms of Use 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 or telemarketing lists or (ii) for other such similar uses.

ADDITIONAL END-USER TERMS

Research In Motion Limited and Digital River, Inc., shall each be a third party beneficiary of TeleNav's rights under this Agreement.

Effective as of June 11, 2010

Your Navigator Deluxe™ Terms of Use for U.S. Cellular®

Please read these terms and conditions of use (“Terms of Use”) carefully before you launch the TeleNav GPS Navigator on your wireless device. Your use of the TeleNav GPS Navigator indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the TeleNav GPS Navigator.

INTRODUCTION

These Terms of Use represent the agreement (“Agreement”) between you and TeleNav, Inc. (“TeleNav”) with respect to the TeleNav GPS Navigator service (“TeleNav Service”). 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. These Terms of Use replace and supersede any license agreements or terms and conditions between TeleNav and you for the TeleNav Service that may appear on your wireless carrier’s web-site(s).

THE TELENAV SERVICE

The TeleNav Service allows you to obtain via your wireless device GPS-assisted navigation instructions to destinations throughout most of the United States or Canada, depending on your cellular carrier. Use of the TeleNav Service requires payment of a monthly fee, which includes download to your wireless device of the TeleNav GPS Navigator software and any upgrades, modifications, or additions thereto (collectively, “TeleNav Software”), but does not include any hardware that may be required for certain wireless devices (such as a standalone GPS receiver). A complete description of the TeleNav Service is available at the Products link on TeleNav’s website, located at http://www.telenav.com/products.

The TeleNav Service is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

YOUR LOCATION AND ROUTE INFORMATION

In using the TeleNav Service, 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. Your use of the TeleNav Service indicates that you accept the terms of TeleNav’s privacy policy.

SAFE AND LAWFUL USE OF THE TELENAV SERVICE

You agree to comply with the following when using the TeleNav Service:

Observe all traffic laws and otherwise drive safely.
Use your own personal judgment while driving. If you feel that a route suggested by the TeleNav Service 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.
Do not input destinations, or otherwise interact with the TeleNav Service, unless your vehicle is stationary and parked.
Do not use the TeleNav Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Arrange all GPS and wireless devices and cables necessary for use of the TeleNav Service 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).

PAYMENT

Your payment is made in connection with and though your relationship with your wireless telephone carrier. Any questions that you have related to payment should be referred to your wireless telephone carrier.

TELEPHONE CHARGES

TeleNav reserves the right to change at any time the phone number designated for you to access the TeleNav Service, including eliminating any toll-free numbers.

TERMINATION

TeleNav reserves the right to terminate your access to the TeleNav Service at any time in the event that you are not complying with these Terms of Service. You may terminate the TeleNav Service at any time by notifying your wireless telephone carrier of your desire to terminate. If your wireless telephone carrier is U.S. Cellular, you may call 1-888-944-9400 to terminate the TeleNav Service. You will no longer receive the TeleNav Service once you terminate it.

ACCOUNT INFORMATION

All of your account information, as well as other payment and personal information provided by you to TeleNav, is subject to TeleNav’s privacy policy located at http://www.telenav.com. Your use of the TeleNav Service indicates that you accept the terms of TeleNav’s privacy policy.

SOFTWARE LICENSE

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the TeleNav Service.

You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the TeleNav Software, or any part thereof.
Attempt to derive the source code, audio library or structure of the TeleNav Software without the prior express written consent of TeleNav.
Remove from the TeleNav Software, or alter, any of TeleNav’s or its suppliers’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the TeleNav Software to others.

DISCLAIMERS

The TeleNav Service and the TeleNav Software are provided “as is” and without warranties of any kind either express or implied. TeleNav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

TeleNav does not warrant that the TeleNav Service or the TeleNav Software will not infringe on third party intellectual property rights.

TeleNav also does not warrant that your use of the TeleNav Service will be uninterrupted or error-free. Rather, temporary interruptions of the TeleNav Service may occur from time to time (such as when you drive into an area that has no cell phone coverage or when the TeleNav Service or your carrier’s network is undergoing maintenance). TeleNav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will TeleNav be liable for any financial or other damages due to such interruptions.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TELENAV OR ITS LICENSORS (OR THEIR LICENSORS (OR THEIR LICENSORS AND SUPPLIERS) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, INJURY, OR DAMAGES (INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE BY YOU OR ANYONE ELSE OF THE TELENAV SERVICE OR THE TELENAV SOFTWARE, ANY DEFECTS IN THE TELENAV SERVICE OR THE TELENAV SOFTWARE, OR ANY BREACH OF THIS AGREEMENT, EVEN IF TELENAV OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

ARBITRATION AND GOVERNING LAW

MISCELLANEOUS

This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof.

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.

By using the TeleNav Service, you consent to receive from TeleNav all communications, including notices, agreements, legally required disclosures or other information in connection with the TeleNav Service (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 the TeleNav Service.

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) 353-6284.

NOTE: Additional terms and conditions applicable to you are as follows:

END-USER TERMS REQUIRED BY NAVTEQ CORPORATION

The TeleNav Service utilizes data licensed to TeleNav by NAVTEQ Corporation ("NAVTEQ"). You may access this data ("Data") through the TeleNav Service subject to the following terms and conditions:

The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty, © Queen's Printer for Ontario, © Canada Post, GeoBase®.

NAVTEQ holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.

TERMS AND CONDITIONS

Notice of Use

Contractor (Manufacturer/Supplier) Name: NAVTEQ

Contractor (Manufacturer/Supplier) Address: 425 West Randolph Street, Chicago, Illinois 60606

This Data is a commercial item as defined in FAR 2.101 and is subject to [insert the name of the terms/conditions in which this notice is included] under which this Data was provided.

© 200X NAVTEQ – All rights reserved.

END-USER TERMS REQUIRED BY TELE ATLAS NORTH AMERICA, INC.

You may only use the Tele Atlas Software for internal business or personal use and not for resale, sublicense or commercial use.
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 and you are prohibited from disclosing the Tele Atlas Software to third parties.
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 in these Terms of Use.
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.
Tele Atlas shall be a third party beneficiary of TeleNav's rights under these Terms of Use.
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 227.7202-1 (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 these Terms of Use, 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 03766-1445. Phone: 603.643.0330. The Tele Atlas Software is © 2006-200_ by Tele Atlas. 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, these Terms of Use shall be considered breached and any and all right to retain any copies or to use of 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, these Terms of Use 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 or telemarketing lists or (ii) for other such similar uses.

Effective as of July 16, 2010

TeleNav Track™ Terms of Use

Please read these terms and conditions of use ("Terms of Use") carefully before you launch the TeleNav Track service on your wireless device. Your use of the TeleNav Track service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the TeleNav Track service.

INTRODUCTION

These Terms of Use represent the agreement ("Agreement") between you and TeleNav, Inc. ("TeleNav") with respect to the TeleNav Track service ("TeleNav Service"). 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. Prior to using the TeleNav Service, you shall notify such personnel in writing that the TeleNav Service requires TeleNav to access their GPS hardware and otherwise obtain location and route information, and to record, compile and display such information internally, which information shall be used by you for your own purposes and which use is outside the control of TeleNav. You shall also advise such personnel that all such information and data within the control of TeleNav shall remain subject to TeleNav's privacy policy located at http://www.telenav.com.

TeleNav may revise these terms and conditions at any time, with or without notice to you. You should visit http://www.telenavtrack.com from time to time to review the then current terms and conditions of use for the TeleNav Service.

TELENAV SERVICE

The TeleNav Service combines GPS, wireless and web technologies to enable fleet dispatching and activity reporting. For TeleNav to provide these services, TeleNav has to periodically receive the GPS location of your fleet. In using the TeleNav Service, you allow your fleet's GPS hardware to be located; and these locations to be recorded, compiled, stored and displayed. You may also transmit data to and from your fleet and dispatch locations. Use of the TeleNav Service requires payment of a monthly fee, which includes download to your wireless device of the TeleNav Track software (if applicable) and any upgrades, modifications, or additions thereto (collectively, "TeleNav Software"), but does not include any hardware that may be required for certain wireless devices (such as a standalone GPS receiver). A complete description of the TeleNav Service is available at the Products link on the TeleNav Track website, located at http://www.telenavtrack.com/products.

The TeleNav Service is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

YOUR LOCATION AND ROUTE INFORMATION

SAFE AND LAWFUL USE OF THE TELENAV SERVICE

You are responsible for ensuring that your drivers drive safely, observe all traffic rules and use their own personal judgment while driving. You agree to comply with the following when using the TeleNav Service:

Observe all traffic laws and otherwise drive safely.
Use your own personal judgment while driving. If you feel that a route suggested by the TeleNav Service 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.
Do not input destinations, or otherwise interact with the TeleNav Service, unless your vehicle is stationary and parked.
Do not use the TeleNav Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Arrange all GPS and wireless devices and cables necessary for use of the TeleNav Service 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).

PAYMENT

Before your TeleNav Service will be activated, you must: (i) provide TeleNav with a valid major credit card (American Express, VISA or MasterCard); (ii) enter into a direct billing or prepaid agreement with TeleNav; or (iii) subscribe to the TeleNav Service through your wireless telephone carrier and agree to pay the relevant charges to such carrier.

TELEPHONE CHARGES

TeleNav reserves the right to change at any time the phone number designated for you to access the TeleNav Service, including eliminating any toll-free numbers.

TERMINATION

TeleNav reserves the right to terminate your access to the TeleNav Service at any time for any or no reason and without notice to you.

ACCOUNT INFORMATION

All of your account information, as well as other payment and personal information provided by you to TeleNav, is subject to TeleNav's privacy policy located at http://www.telenavtrack.com. Your use of the TeleNav Service indicates that you accept the terms of TeleNav's privacy policy.

SOFTWARE LICENSE

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the TeleNav Service.

You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the TeleNav Software, or any part thereof.
Attempt to derive the source code, audio library or structure of the TeleNav Software without the prior express written consent of TeleNav.
Remove from the TeleNav Software, or alter, any of TeleNav's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the TeleNav Software to others.

DISCLAIMERS

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

TeleNav does not warrant that the TeleNav Service or the TeleNav Software will not infringe on third party intellectual property rights.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall TeleNav, its suppliers, or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the TeleNav Service or the TeleNav Software, any defects in the TeleNav Service or the TeleNav Software, or any breach of this Agreement, even if TeleNav, its suppliers, or its licensors have been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold TeleNav, its suppliers, 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 the TeleNav Service or the TeleNav Software.

ARBITRATION AND GOVERNING LAW

MISCELLANEOUS

This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof.

You agree that in the event TeleNav is required or requested by you and/or any legal authority to participate in any legal proceeding involving your use of the TeleNav Service or Software (but TeleNav itself is not a party to the proceeding), you shall be responsible for all legal fees and costs incurred by TeleNav as a result of such required or requested participation.

NOTE: Additional terms and conditions applicable to you are as follows:

END-USER TERMS REQUIRED BY NAVTEQ CORPORATION

The TeleNav Service utilizes data licensed to TeleNav by NAVTEQ Corporation ("NAVTEQ"). You may access this data ("Data") through the TeleNav Service subject to the following terms and conditions:

The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty, © Queen's Printer for Ontario, © Canada Post, GeoBase®.

NAVTEQ holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.

TERMS AND CONDITIONS

Notice of Use

Contractor (Manufacturer/Supplier) Name: NAVTEQ

Contractor (Manufacturer/Supplier) Address: 425 West Randolph Street, Chicago, Illinois 60606

This Data is a commercial item as defined in FAR 2.101 and is subject to [insert the name of the terms/conditions in which this notice is included] under which this Data was provided.

© 200X NAVTEQ – All rights reserved.

END-USER TERMS REQUIRED BY TELE ATLAS NORTH AMERICA, INC.

You may only use the Tele Atlas Software for internal business or personal use and not for resale, sublicense or commercial use.
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 and you are prohibited from disclosing the Tele Atlas Software to third parties.
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 in these Terms of Use.
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.
Tele Atlas shall be a third party beneficiary of TeleNav's rights under these Terms of Use.
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 227.7202-1 (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 these Terms of Use, 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 03766-1445. Phone: 603.643.0330. The Tele Atlas Software is © 2006-200_ by Tele Atlas. 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, these Terms of Use shall be considered breached and any and all right to retain any copies or to use of 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, these Terms of Use 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 or telemarketing lists or (ii) for other such similar uses.

Effective as of June 11, 2010

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.

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.”

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

* 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

* 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

* 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

* 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

* 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

* 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

(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

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).

TeleNav Software Development Kit Terms of Use

October 22, 2009

Thank you for your interest in a TeleNav Software Development Kit ("SDK"). TeleNav SDKs are designed to provide developers with services, software and reference information that allow independent third party developers to include content information from TeleNav such as maps, geocoding and other content made available by TeleNav ("Content") and technologies, including reference programs and programming interface information to link into and extend the features of TeleNav services ("API Information") in your web pages or applications.

1. Use of the Service is Subject to these Terms. Your use of any TeleNav SDK (referred to in this document as the "SDK" or "Service") is subject to the terms of a legal agreement between you and TeleNav Inc., ("TeleNav") whose principal place of business is at 1130 Kifer Road, Sunnyvale, California 94086, United States. This legal agreement is referred to as the "Terms".

2. The Terms include TeleNav's Legal Notices and Privacy Policy.

Unless otherwise agreed in writing with TeleNav, the Terms will include the following:

(i) the terms and conditions set forth in this document;
(ii) the Legal Notices; and
(iii) the Privacy Policy.

(b) Before you use any TeleNav SDK, you should read each of the documents comprising the Terms, and print or save a local copy for your records.

TeleNav reserves the right to make changes to the Terms from time to time. When these changes are made, TeleNav will make a new copy of the Terms available at http://developer.TeleNav.com/sdkweb/legalTerms. You understand and agree that if you use the Service after the date on which the Terms have changed, TeleNav will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate the agreement by ceasing use of the TeleNav SDK.

3. Using the TeleNav SDK. You must agree to the Terms. You accept the Terms by using the TeleNav SDK. In this case, you understand and agree that TeleNav will treat your use of the TeleNav SDK as acceptance of the Terms from that point onwards. You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms. You must post and abide by an appropriate privacy policy, and will comply with all applicable laws relating to the collection of information from visitors in connection with TeleNav SDK Implementation.

4 Limits on Your Use of the Service; Advertising; Termination. If an SDK involves the use of transactions provided by means of an API, or some other means, you acknowledge and agree that TeleNav may impose or adjust the limit on the number of transactions you may send or receive through the Service; such fixed upper limits may be set by TeleNav at any time, at TeleNav's discretion. TeleNav will use good faith efforts to advise you of the limits that are in place and will attempt to provide notice as to any changes, but shall have no obligation to do so. Such notice shall be provided by means of the TeleNav SDK website at http://developer.TeleNav.com. You understand that TeleNav may from time to time in its sole discretion implement advertising, sponsorships or other services in connection with the provision of the Service. You agree that you will not interfere with or remove any such advertising form your TeleNav SDK Implementation. Your sole remedy in the event you do not wish to display such material is to discontinue the use of the Service. TeleNav reserves the right in its discretion to cease providing all or any part of the Service or any prior version of the Service immediately without any notice if:

(i) you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(ii) TeleNav is required to do so by law (for example, due to a change to the law governing the provision of the Service); or

(iii) providing the a prior version of the Service will not be economic as determined by TeleNav in its reasonable good faith judgment; or

(iv) providing a prior version of the Service could create a security risk or material technical burden as determined by TeleNav in its reasonable good faith judgment.

5.Your TeleNav Account. In order to access the Service, you must have a TeleNav SDK Account. You agree that any information you give to TeleNav in connection with your TeleNav Account or your continued use of the Service will always be accurate, correct and up to date. Depending upon the TeleNav SDK that you are using, after supplying TeleNav with your account information and the URL of your TeleNav SDK Implementation, and accepting the Terms, you will be issued an alphanumeric key assigned to you by TeleNav that is uniquely associated with your TeleNav Account and the URL of your TeleNav SDK Implementation. Your TeleNav SDK Implementation must import the TeleNav SDK using this key as described in the TeleNav SDK Documentation, and TeleNav will block requests with an invalid key or invalid URL. You may only obtain and use a key in accordance with these Terms and the TeleNav SDK Documentation. You agree that you will be solely responsible to TeleNav for your use of the Service. If you become aware of any unauthorized use of your password, your account, or your key, you agree to notify TeleNav immediately.

6. TeleNav's Proprietary Rights. You acknowledge and agree that TeleNav (or TeleNav's licensors and their suppliers, as applicable) own all legal right, title and interest in and to the Service, Content and API Information, including any intellectual property rights that subsist in the Service, Content or TeleNav API information (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

7. Licenses from TeleNav to You.

7.1 Definitions.

(a) "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.
(b) "Content" means any content provided through the Service (whether created by TeleNav or its third party licensors), including map and geocoding data, traffic data, or any other content.
(c) "TeleNav SDK Implementation" means a software application or website that uses the TeleNav SDK to obtain and display Content in conjunction with Your Content, according to these Terms.
(d) "Your Content" means any content that you provide in your TeleNav SDK Implementation, including data, images, video, or software. Your Content does not include the Content.

7.2 Service License. Subject to these Terms (including but not limited to Section 9 (License Requirements)), TeleNav gives you a personal, worldwide, non-assignable and non-exclusive license to use the Service as provided by TeleNav, in the manner permitted by the Terms.

7.3 Content License. Subject to these Terms (including but not limited to Section 9 (License Requirements)), TeleNav gives you a personal, worldwide, non-assignable and non-exclusive license to access, use, publicly perform and publicly display the Content in your TeleNav SDK Implementation, as the Content is provided in the Service, and in the manner permitted by the Terms. Specifically, you understand the following:

Content (including but not limited to map data, geocoding and traffic) is provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the results depicted in the Content. You should exercise judgment in your use of the Content.

7.4 Brand Features License.

(a) Grant. Subject to these Terms, TeleNav gives you a personal, worldwide, non-assignable, non-transferable, non-sublicenseable, and non-exclusive license to display TeleNav's Brand Features solely for the purpose of promoting or advertising your authorized use of the Service in accordance with this Section and for the purpose of fulfilling your obligations under the Terms.

(b) Restrictions. In using TeleNav Brand Features, you will not:

(i) display a TeleNav Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by TeleNav, other than your use of the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of TeleNav or TeleNav personnel;
(ii) use TeleNav Brand Features to disparage TeleNav, its products, or the TeleNav Services;
(iii) display a TeleNav Brand Feature in your TeleNav SDK Implementation or on your site if your TeleNav SDK Implementation or site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
(iv) have the TeleNav logo as the largest logo in your TeleNav SDK Implementation or on your website;
(v) display a TeleNav Brand Feature as the most prominent element in your TeleNav SDK Implementation on any page of your website;
(vi) display a TeleNav Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to TeleNav;
(vii) display a TeleNav Brand Feature in your TeleNav SDK Implementation or on a site that violates any law or regulation; or
(viii) remove, distort or alter any element of a TeleNav Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).

No Further License Grant; No Challenges. Except as set forth in this Section, nothing in the Terms will grant or will be deemed to grant you any right, title or interest in or to TeleNav's Brand Features. All use by you of TeleNav's Brand Features (including any goodwill associated therewith) will inure to the benefit of TeleNav. At no time during or after the Term will you challenge or assist others to challenge the Brand Features of TeleNav (except to the extent such restriction is prohibited by law) or the registration thereof by TeleNav, nor will you attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of TeleNav.

(d) Proprietary Rights Notices. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices, Terms of Use links, or Brand Features) that may be affixed to or provided through the Service. Where such notices are not affixed within the Service, you agree to display such notices according to the TeleNav SDK Documentation.

7.5 U.S. Government Restricted Rights. If the Service or Content is being used or accessed by or on behalf of the United States government, such use is subject to additional terms located in the "Government End Users" section of our Legal Notices page.

7.6 Determination of Compliance. TeleNav reserves the sole right and discretion to determine whether your use of the Service, Content, and Brand Features is in compliance with these Terms.

8. License Requirements. TeleNav's licenses above are subject to your adherence to the following requirements:

8.1 Free, Public Accessibility to Your TeleNav SDK Implementation. Your TeleNav SDK Implementation must be generally accessible to users without charge. You may require users to log in to your TeleNav SDK Implementation if you do not require users to pay a fee. Unless you have entered into a separate written agreement with TeleNav or obtained TeleNav's written permission, your TeleNav SDK Implementation must not:

(a) require a fee-based subscription or other fee-based restricted access; or
(b) operate only behind a firewall or only on an internal network (except during the development and testing phase).

8.2 Reporting. You must implement those reporting mechanisms that TeleNav has set forth and may update from time to time in these Terms and in the TeleNav SDK Documentation. For example, as specified in the TeleNav SDK Documentation, you agree to provide reports to TeleNav if your TeleNav SDK Implementation enables a device to detect its own location through use of a sensor (including but not limited to GPS, cell triangulation, WiFi or similar functionality) to display the location of the device on a map or to calculate a route.

8.3 End User Terms and Privacy Policy. If you develop a TeleNav SDK Implementation for use by other users, you must:

(a) display to the users of your TeleNav SDK Implementation the link to TeleNav's Terms of Use as presented through the Service or described in the TeleNav SDK Documentation;
(b) explicitly state in your TeleNav SDK Implementation's terms of use that, by using your TeleNav SDK Implementation, your users are agreeing to be bound by TeleNav's Terms of Use; and
(c) protect the privacy and legal rights of those users. If your TeleNav SDK Implementation enables you or any party to gain access to information about users of the Service, including but not limited to personally identifying information or non-personally identifying usage information, you or the party receiving the information must make publicly available, and must abide by, an appropriate privacy policy in your TeleNav SDK Implementation.

8.4 Attribution Content provided to you through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of TeleNav, its partners, or other third party rights holders of content indexed by TeleNav. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

8.5 Responsibility for Breaches. You agree that you are solely responsible for (and that TeleNav has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TeleNav may suffer) of any such breach.

9. License Restrictions. Except as expressly permitted under the Terms, or unless you have received prior written authorization from TeleNav (or, as applicable, from the provider of particular Content), TeleNav's licenses above are subject to your adherence to all of the restrictions below. Except as explicitly permitted in Section 7 or the TeleNav SDK Documentation, you must not (nor may you permit anyone else to):

access or use the Service or any Content through any technology or means other than those provided in the Service, or through other explicitly authorized means TeleNav may designate;

copy, translate, modify, create a derivative work of, or publicly display any Content or any part thereof (for example, the following are prohibited: (a) creating server-side modification of map tiles; and (b) stitching multiple static map images together to display a map that is larger than permitted in the TeleNav SDK Documentation);

pre-fetch, cache, or store any Content, except that you may store limited amounts of Content for the purpose of improving the performance of your TeleNav SDK Implementation if you do so temporarily, securely, and in a manner that does not permit use of the Content outside of the Service;

charge users or any other third party any fee for the use of the TeleNav SDK Implementation, the Service, or the Content, unless you have entered into a separate written agreement with TeleNav or obtained TeleNav's written permission to do so (but if you are a consultant who creates or hosts TeleNav SDK Implementations for third party customers, you may charge such customers a fee for your consulting or hosting services);

reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;

use the Service in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;

delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Service or the Content;

unless you have entered into a separate written agreement with TeleNav or obtained TeleNav's written permission to do so: use the Service or Content with any products, systems, or applications for or in connection with:

real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device;

any systems or functions for automatic or autonomous control of vehicle behavior; or

dispatch, fleet management, business asset tracking, or similar enterprise applications (the TeleNav SDKs can be used to track assets (such as cars, buses or other vehicles) as long as the tracking application is made available to the public without charge. For example, you may offer a free, public TeleNav SDK Implementation that displays real-time public transit or other transportation status information. If your TeleNav SDK Implementation is deployed internally or you are charging for use of your TeleNav SDK Implementation, please contact the TeleNav SDK sales team for more information);

offer a batch geocoding service that uses Content contained in any TeleNav Services;

use or display the Content without a corresponding TeleNav map, unless you are explicitly permitted to do so in the TeleNav SDK Documentation, or through written permission from TeleNav; or

hide or mask from TeleNav the identity of your service as it uses the Service, including by failing to follow the identification conventions listed in the TeleNav SDK Documentation

11. Licenses from You to TeleNav. TeleNav claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. By submitting, posting or displaying Your Content in the Service, you give TeleNav a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute Your Content through the Service and as search results through TeleNav Services. This license is solely for the purpose of enabling TeleNav to operate the Service, to promote the Service (including through public presentations), and to index and serve such content as search results through TeleNav Services. You grant to TeleNav a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that you are using the Service. You confirm and warrant to TeleNav that you have all the rights, power and authority necessary to grant the above licenses.

12. EXCLUSION OF WARRANTIES.

NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, WILL EXCLUDE OR LIMIT TELENAV'S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND TELENAV.S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, TELENAV, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:

(a) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;
(b) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

ANY CONTENT OBTAINED THROUGH THE USE OF THE TELENAV SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TELENAV, OR THROUGH OR FROM THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

TELENAV, ITS LICENSORS AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY.

SUBJECT TO SECTION 13, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TELENAV, ITS SUBSIDIARIES AND AFFILIATES, AND TELENAV'S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:

(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS); OR

(b) ANY LOSS OR DAMAGE AS A RESULT OF:

(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE TELENAV SERVICES;
(ii) ANY CHANGES THAT TELENAV MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
(iv) YOUR FAILURE TO PROVIDE TELENAV WITH ACCURATE ACCOUNT INFORMATION; OR
(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

THE LIMITATIONS ON TELENAV'S LIABILITY TO YOU IN PRECEDING PARAGRAPH WILL APPLY WHETHER OR NOT TELENAV, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

15. Indemnity. You hereby agree to indemnify, defend and hold TeleNav, its strategic partners, officers, directors, agents, affiliates, licensors and their suppliers ("the Indemnified Parties") harmless from and against any claim or liability arising out of:

(a) your use of the TeleNav SDK in breach of the Terms or applicable policies;
(b) your TeleNav SDK Implementation;
(c) any use by users of your TeleNav SDK Implementation;
(d) any claim that your TeleNav SDK Implementation or Your Content violates any applicable law, including but not limited to any claim that your TeleNav SDK Implementation infringes the rights of a third party.

You will cooperate as fully as reasonably required in the defense of any claim. TeleNav reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the TeleNav SDK may be irreparable; therefore, TeleNav is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.

16. General Legal Terms. You agree that TeleNav may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service. When this legal agreement comes to an end, those Terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: TeleNav's Proprietary Rights; Exclusion of Warranties; Limitation of Liability; Indemnity; and these General Legal Terms. You agree that if TeleNav does not exercise or enforce any legal right or remedy contained in the Terms (or that TeleNav has the benefit of under any applicable law), this will not be taken to be a formal waiver of TeleNav's rights and that those rights or remedies will still be available to TeleNav. Any waiver of any provision of these Terms will be effective only if TeleNav expressly states in a signed writing that it is waiving a specified Term. If any court of law that has jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. The Terms may be assigned by TeleNav and will inure to the benefit of TeleNav, its successors and assigns. The Terms, and your relationship with TeleNav under the Terms, will be governed by the laws of the State of California, USA, without regard to its conflict of laws provisions. You and TeleNav agree to submit to the exclusive jurisdiction of the courts located in the County of Santa Clara, California, USA, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TeleNav will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The Terms constitute the whole legal agreement between you and TeleNav and govern your use of the Service and Content, and completely replace and supersede any prior agreements between you and TeleNav, written or oral, in relation to the Service and Content.

TeleNav Website Terms of Use

Please read these Website Terms of Use ("Terms") carefully before using this website ("Site"). Using this Site indicates that you accept these Terms. If you do not accept these Terms, do not use this Site.

General. This Site is owned and operated by TeleNav, Inc. ("TeleNav"). TeleNav reserves the right to revise or remove any part of these Terms in its sole discretion at any time and without prior notice to you by updating this posting. You thus should visit this page periodically for changes. This Site is continually under development and changes in the Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.

Site Security. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. TeleNav will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Other Prohibited Activities. In using this Site, you must also not:

Send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;
Misrepresent your identity or affiliation in any way;
Violate any applicable laws or regulations; or
Assist or permit any persons in engaging in any of the activities described above.

User-Submitted Information. You must exercise caution, good sense and sound judgment in using the Site. You are responsible for any material you transmit to or through the Site. You agree, represent and warrant that any information you transmit to or through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information submitted by you is subject to TeleNav's privacy policy, available on this website.

Unsolicited Ideas. TeleNav does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this Site that you consider to be confidential or proprietary. Any material that you transmit to or through this Site will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in TeleNav's privacy policy, you give TeleNav an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that TeleNav has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.

Copyright. The material made available at this Site is protected by copyright. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of TeleNav's copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Site except the "home page" (http://www.telenav.com), must be obtained from TeleNav in advance. Requests for such authorization should be submitted via an email to care@telenav.com. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to TeleNav.

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by TeleNav. TeleNav does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but TeleNav retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving TeleNav prior written notice of such activities.

Trademarks. All trademarks, service marks, logos and trade names on the Site, whether registered or unregistered, are proprietary to TeleNav or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Links to Other Websites. As you view this Site, you may notice links to non-TeleNav websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of TeleNav proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from TeleNav. TeleNav is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by TeleNav of the organizations sponsoring such third party websites or their products or services. These Terms do not apply to any other websites.

Jurisdictional Issues. This Site is controlled and operated by TeleNav from its offices within the State of California, United States of America. TeleNav makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Software from this Site is further subject to United States export controls. No information or software from this Site may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination. TeleNav may terminate your use of the Site or any of our services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, governing law and jurisdiction shall survive any such termination.>

Disclaimer. The materials in this Site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, TeleNav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TeleNav does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. TeleNav does not make any representations or warranties regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability. To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall TeleNav be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if TeleNav or a TeleNav authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

Indemnity. You agree to indemnify, defend and hold TeleNav, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.

Children. This website is a general audience site, although it contains information that may be of interest to children. However, TeleNav does not seek through this website to gather personal information from or about persons under the age of 13.

Other. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to care@telenav.com, or via a letter to TeleNav, Inc., 1130 Kifer Road, Sunnyvale, CA 94086. We will endeavor to respond to you promptly.

Wireless Short Messaging Service (SMS) also known as "Text Messaging", or simply, "Texting" Terms of Use

TeleNav makes every effort to comply with the Mobile Marketing Association (MMA) Consumer Best Practices Guideline for the use of text messages for conducting its word-of-mouth marketing campaign. To review these guidelines, go to http://www.mmaglobal.com/bestpractices.pdf.

Messages Delieverd by TeleNav

Case 1: Upon receiving activation notification from a wireless carrier, TeleNav may send text messages to advise its subscriber that their TeleNav accounts have been activated. Generally, these messages are sent via the messaging gateway owned by the wireless carrier that provisioned the order for TeleNav services. Except for these activation confirmation messages, TeleNav does not send any text messages on its own.

Case 2: TeleNav allows its mobile device application subscribers to share addresses and other relevant content with other parties using text messaging via TeleNav's short code address. For example, if John Doe wants to share the address of a new club he likes, he can send the address to his friend Tom Smith from within the TeleNav mobile device application. When Tom Smith receives the message, it will be sent from TeleNav, Inc's short code, but opening the message will reveal that John Doe originated it.

In both Case 1 and Case 2 above, the standard messaging rates (charges) imposed by the wireless carrier, if any, for delivering or accepting a message will apply.

Ending Message Delivery

Every message sent via TeleNav's short code includes instructions to reply STOP to stop future messages being sent on behalf of TeleNav's customers. When TeleNav receives a STOP message via a reply to its short code, TeleNav is compelled by the MMA guidelines to inform the recipient of the original message that no additional messages will be sent, and to not deliver any further messages for any reason.

Obtaining Help

If a message recipient wishes to get HELP on the TeleNav services to better explain why he received the message, the recipient can send reply with HELP to the message, or any other person can send HELP to the TeleNav short code, 69355, at any time. TeleNav will respond with a message that directs the sender to this portion of the TeleNav.com web site.

Restarting Services

If a recipient, or any other person, has sent STOP, CANCEL, or any other word that could be reasonably interpreted as meaning the recipient wanted text messages from TeleNav's short code to cease, but later determines that he does want to receive messages from TeleNav's short code, the party wishing to restart services should send RESTART as the subject of a text message to TeleNav's short code, 69355.

Jungle!™ Terms of Use

Please read these terms and conditions of service carefully before you launch the TeleNav Jungle! (“Jungle!”) service. Your use of the Jungle! service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the Jungle! service.

INTRODUCTION

These terms and conditions of service represent the agreement ("Agreement") between you and TeleNav, Inc. ("TeleNav") with respect to the Jungle! service. TeleNav, Inc. is the provider of the Jungle! service. TeleNav reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement or the TeleNav Privacy Policy any at any time. Your continued use of the Jungle! services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. You should visit http://www.telenav.com/legal/terms-of-use.html from time to time to review the then current terms and conditions for the Jungle!>

USE OF SERVICE – AGE

The Jungle! service is available for individuals aged 13 years and older. If you are 13 or older but under the age of 18, please review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement, and have your parent or guardian review and accept this Agreement on your behalf through the Jungle! user registration process. If you are a parent or guardian accepting this Agreement for the benefit of a child under 18 (who must be 13 or older), then you agree to accept full responsibility for that child's use of the Jungle! service, including all legal liability that he or she may incur.

THE JUNGLE! SERVICE

The Jungle! service allows you to use your wireless device or your computer to post your locations and activities throughout the day for access by members of your Jungle! network, and to use your wireless device or your computer to access the location and activity information posted by members of your Jungle! network.

The Jungle! service is available on your wireless device wherever your cellular service is available in the United States and Canada.

Currently, the use of the Jungle! service is free of charge; however, TeleNav reserves the right to charge for the service in the future.

The Jungle! service is for your personal use only, and is not for resale or other transfer or disposition to any other person or entity. Jungle! should not be used or relied on as an emergency locator system or in connection with any hazardous environments requiring fail-safe performance, or any other application in which failure or inaccuracy of that application or the Jungle! service could lead to death, personal injury or severe physical or property damage.

You alone are responsible for your involvement with other users of the Jungle! service. TeleNav reserves the right, but has no obligation, to monitor the exchanges between you and such other users. Furthermore, TeleNav does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Jungle! services.

The Jungle! service delivers mapping data to you and the members of your network with Google Maps. The terms of service for Google Maps are available at http://www.google.com/intl/en_ALL/help/terms_local.html.

PRIVACY POLICY

Your use of the Jungle! service indicates that you accept the terms of the TeleNav privacy policy, http://www.telenav.com/legal/policies.html, which are incorporated in this Agreement by this reference.

LOCATION AND ACTIVITY INFORMATION OF YOU AND YOUR FRIENDS

For TeleNav to provide the Jungle! service, TeleNav must record the location and activity information that you post to the Jungle! application, and distribute such information to members of your network with the Jungle! service. This includes using your submitted location information to publish your location on a map for access by members of your network. By using the Jungle! service, you authorize TeleNav to record, compile, and distribute in the foregoing ways your location and activity information.

SAFE AND LAWFUL USE OF THE JUNGLE! SERVICE

You understand that the purpose of the Jungle! Service is to provide a safe, positive and personal means to share information and that the participants must act appropriately to achieve that objective. Therefore, you agree that you will not:

use the Jungle! service if you are under 13 years old.
input data to the Jungle! service, or otherwise interact with the Jungle! service, while driving.
not post information to the Jungle! service that you do not want shared with members of your network.
not post to the Jungle! service messages or other materials with offensive, defamatory, pornographic, or other inappropriate content.
not use the Jungle! service or any location and activity information received from the service to "stalk", harass, abuse, defame, threaten or defraud other users.
not post messages or other material to the Jungle! service that infringes on any intellectual property, privacy, or other right of a third party.
not use the Jungle! service for any commercial or other non-personal use.
not falsely claim an affiliation with any person or entity, or access the Jungle! service of another user.
not share the password needed to access the Jungle! service from your wireless device with any third party while the Jungle! service is running and accessible, or encourage any other user to do so.
not remove, circumvent, disable, damage or otherwise interfere with security-related or other features of the Jungle! service, or intentionally interfere with or damage the operation of the Jungle! service by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
not use the Jungle! service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
not use any robot, spider, scraper or other automated means to access the Jungle! services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the services or modify the services in any manner or form, nor to use modified versions of the services, including (without limitation) for the purpose of obtaining unauthorized access to the services

WIRELESS DEVICE CHARGES

You are responsible for any Internet connection or other fees assessed by your cellular carrier to access the Jungle! service via your wireless device, including any data plan charges, toll, out-of-area, roaming, or other wireless device connection charges.

USER SUBMISSIONS AND INFORMATION

The Jungle! service allows the submission of content and materials (such as your location, pictures, items for sale, messages to users, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize TeleNav to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Jungle! services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Jungle! services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.

By submitting User Submissions to the Jungle! service, you hereby grant TeleNav a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the Jungle! services and TeleNav's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Jungle! services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the Jungle! services a non-exclusive license to access your User Submissions through the Jungle! services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Jungle! services and under this Agreement.

You understand that when using the Jungle! services you will be exposed to User Submissions from a variety of sources, and that Jungle! is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TeleNav with respect thereto.

TeleNav assumes no responsibility whatsoever in connection with or arising from User Submissions. TeleNav assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time TeleNav chooses, in its sole discretion, to monitor User Submissions, TeleNav nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, TeleNav does not endorse and has no control over the content of User Submissions submitted by other Users. TeleNav makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, TeleNav reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

BUYING AND SELLING

The Jungle! service and content may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the Jungle!, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. These services and content may include invitations to purchase or offers to sell merchandise or services.

Your interactions with organizations and/or individuals found on or through the Jungle!, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that TeleNav shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Jungle! users, or between Jungle! users and any third party, you understand and agree that craigslist is under no obligation to become involved. In the event that you have a dispute with one or more other Jungle! users, you hereby release TeleNav, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

TERMINATION

TeleNav reserves the right to terminate your access to the Jungle! service at any time for any or no reason and without notice to you. You may terminate the Jungle! service at any time by removing the application from your wireless device. If you have any questions about how to do this, please contact TeleNav by sending an email to Jungle.support@telenav.com. Upon any termination of your Jungle! service, TeleNav shall have no liability to you or any further obligations under this Agreement.

SOFTWARE

Subject to your compliance with the terms of this Agreement, TeleNav hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the Jungle! application onto your wireless device, and (ii) use the Jungle! application (in object code form only) on your wireless device in order to access and use the Jungle! service. This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the Jungle! service. You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Jungle! application, or any part thereof.
Attempt to derive the source code, audio library or structure of the Jungle! application without the prior express written consent of TeleNav.
Remove from the Jungle! application, or alter, any of TeleNav's or its licensors' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the Jungle! application to others.

The Jungle! application originates in the United States, and is subject to United States export laws and regulations. The Jungle! application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Jungle! application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Jungle! application and the Jungle! service.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will TeleNav or its licensors, 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 the Jungle! service. You are responsible for the entire risk arising out of your use of the Jungle! service. The Jungle! service and the Jungle! application are provided "as is" and without warranties of any kind, express or implied. TeleNav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

You understand and agree that the Jungle! application is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data that results from the download of such software. TeleNav does not warrant that the Jungle! service or the Jungle! application will not infringe on third party intellectual property rights. TeleNav also does not warrant that your use of the Jungle! service will be uninterrupted or error-free. Rather, temporary interruptions of the Jungle! service may occur from time to time (such as when you proceed into an area that has no cell phone coverage or when the Jungle! service or your carrier's network is undergoing maintenance). TeleNav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will TeleNav be liable for any damages due to such interruptions.

TeleNav also does not warrant the accuracy of the data delivered to or sent from members of your network via the Jungle! service. Such data may not always be accurate or current. 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 the Jungle! service or the transmission of data or information to and from TeleNav and your wireless device. TeleNav will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL TELENAV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, TELENAV'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE JUNGLE! SERVICES; (C) THE WHEREBOURTZ SERVICES GENERALLY OR THE JUNGLE! APPLICATION OR SYSTEMS THAT MAKE THE JUNGLE! SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TELENAV OR ANY OTHER USER OF THE JUNGLE! SERVICES, EVEN IF TELENAV OR A TELENAV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN TELENAV AND RECEIVED THROUGH OR ADVERTISED ON THE JUNGLE! SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE JUNGLE! SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT TELENAV'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION AND RELEASE

To the 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 the Jungle! service or the Jungle! application. TeleNav reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. If you use the Jungle! service to meet another user in person, or to locate and attend any online or offline event, then you agree to release and hold TeleNav harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, or property damage, either directly or indirectly related to or arising from your meeting with such other user or attendance or participation in any such event.

OWNERSHIP; PROPRIETARY RIGHTS

The Jungle! application and service are owned and operated by TeleNav. The Jungle! application and service, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Jungle! services are the property of TeleNav or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Jungle! services are proprietary to TeleNav or its affiliates and/or third-party licensors. Except as expressly authorized by TeleNav, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

GOVERNING LAW

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 law provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Santa Clara, California.

MISCELLANEOUS

This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof. 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. You may not sell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to TeleNav. Notwithstanding the foregoing, TeleNav may assign this Agreement at any time without notice to an affiliate or in conjunction with the sale or transfer of substantially all of TeleNav's assets associated with the Jungle! service. By using the Jungle! service, you consent to receive from TeleNav all communications, including notices, agreements, legally required disclosures or other information in connection with the Jungle! service (collectively, "Notices") electronically. TeleNav may provide such Notices 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 the Jungle! service. If you have any questions regarding the terms of this Agreement, please contact TeleNav by sending an email to Jungle.info@telenav.com.

EFFECTIVE DATE This Agreement is effective as of June 17th, 2010.

Whereboutz® Terms of Use

Please read these terms and conditions of service carefully before you launch the Whereboutz service. Your use of the Whereboutz service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the Whereboutz service.

INTRODUCTION

These terms and conditions of service represent the agreement ("Agreement") between you and TeleNav, Inc. ("TeleNav") with respect to the Whereboutz service. TeleNav, Inc. is the provider of the Whereboutz service. TeleNav reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement or the TeleNav Privacy Policy any at any time. Your continued use of the Whereboutz services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. You should visit http://www.whereboutz.com/ from time to time to review the then current terms and conditions for the Whereboutz service.

USE OF SERVICE – AGE

The Whereboutz service is available for individuals aged 13 years and older. If you are 13 or older but under the age of 18, please review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement, and have your parent or guardian review and accept this Agreement on your behalf through the Whereboutz user registration process. If you are a parent or guardian accepting this Agreement for the benefit of a child under 18 (who must be 13 or older), then you agree to accept full responsibility for that child's use of the Whereboutz service, including all legal liability that he or she may incur.

THE WHEREBOUTZ SERVICE

The Whereboutz service allows you to use your wireless device or your computer to post your locations and activities throughout the day for access by members of your Whereboutz network, and to use your wireless device or your computer to access the location and activity information posted by members of your Whereboutz network.

The Whereboutz service is available on your wireless device wherever your cellular service is available in the United States and Canada.

Currently, the use of the Whereboutz service is free of charge; however, TeleNav reserves the right to charge for the service in the future.

The Whereboutz service is for your personal use only, and is not for resale or other transfer or disposition to any other person or entity. Whereboutz should not be used or relied on as an emergency locator system or in connection with any hazardous environments requiring fail-safe performance, or any other application in which failure or inaccuracy of that application or the Whereboutz service could lead to death, personal injury or severe physical or property damage.

You alone are responsible for your involvement with other users of the Whereboutz service. TeleNav reserves the right, but has no obligation, to monitor the exchanges between you and such other users. Furthermore, TeleNav does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Whereboutz services.

The Whereboutz service delivers mapping data to you and the members of your network with Google Maps. The terms of service for Google Maps is available at http://www.google.com/intl/en_ALL/help/terms_local.html.

PRIVACY POLICY

Your use of the Whereboutz service indicates that you accept the terms of the TeleNav privacy policy, http://www.telenav.com/legal/policies.html#privacy-policy, which are incorporated in this Agreement by this reference.

LOCATION AND ACTIVITY INFORMATION OF YOU AND YOUR FRIENDS

For TeleNav to provide the Whereboutz service, TeleNav must record the location and activity information that you post to the Whereboutz application, and distribute such information to members of your network with the Whereboutz service. This includes using your submitted location information to publish your location on a map for access by members of your network. By using the Whereboutz service, you authorize TeleNav to record, compile, and distribute in the foregoing ways your location and activity information.

SAFE AND LAWFUL USE OF THE WHEREBOUTZ SERVICE

You understand that the purpose of the Whereboutz Service is to provide a safe, positive and personal means to share information and that the participants must act appropriately to achieve that objective. Therefore, you agree that you will not:

use the Whereboutz service if you are under 13 years old.
input data to the Whereboutz service, or otherwise interact with the Whereboutz service, while driving.
not post information to the Whereboutz service that you do not want shared with members of your network.
not post to the Whereboutz service messages or other materials with offensive, defamatory, pornographic, or other inappropriate content.
not use the Whereboutz service or any location and activity information received from the service to "stalk", harass, abuse, defame, threaten or defraud other users.
not post messages or other material to the Whereboutz service that infringes on any intellectual property, privacy, or other right of a third party.
not use the Whereboutz service for any commercial or other non-personal use.
not falsely claim an affiliation with any person or entity, or access the Whereboutz service of another user.
not share the password needed to access the Whereboutz service from your wireless device with any third party while the Whereboutz service is running and accessible, or encourage any other user to do so.
not remove, circumvent, disable, damage or otherwise interfere with security-related or other features of the Whereboutz service, or intentionally interfere with or damage the operation of the Whereboutz service by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
not use the Whereboutz service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
not use any robot, spider, scraper or other automated means to access the Whereboutz services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the services or modify the services in any manner or form, nor to use modified versions of the services, including (without limitation) for the purpose of obtaining unauthorized access to the services

WIRELESS DEVICE CHARGES

You are responsible for any Internet connection or other fees assessed by your cellular carrier to access the Whereboutz service via your wireless device, including any data plan charges, toll, out-of-area, roaming, or other wireless device connection charges.

USER SUBMISSIONS AND INFORMATION

The Whereboutz service allows the submission of content and materials (such as your location, pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize TeleNav to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Whereboutz services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Whereboutz services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.

By submitting User Submissions to the Whereboutz service, you hereby grant TeleNav a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the Whereboutz services and TeleNav's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Whereboutz services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the Whereboutz services a non-exclusive license to access your User Submissions through the Whereboutz services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Whereboutz services and under this Agreement.

You understand that when using the Whereboutz services you will be exposed to User Submissions from a variety of sources, and that Whereboutz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TeleNav with respect thereto.

TERMINATION

TeleNav reserves the right to terminate your access to the Whereboutz service at any time for any or no reason and without notice to you. You may terminate the Whereboutz service at any time by removing the application from your wireless device. If you have any questions about how to do this, please contact TeleNav by sending an email to whereboutz.support@telenav.com, or by clicking on the "Contact Us" link on the http://www.whereboutz.com/ website. Upon any termination of your Whereboutz service, TeleNav shall have no liability to you or any further obligations under this Agreement.

SOFTWARE

Subject to your compliance with the terms of this Agreement, TeleNav hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the Whereboutz application onto your wireless device, and (ii) use the Whereboutz application (in object code form only) on your wireless device in order to access and use the Whereboutz service. This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the Whereboutz service. You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Whereboutz application, or any part thereof.
Attempt to derive the source code, audio library or structure of the Whereboutz application without the prior express written consent of TeleNav.
Remove from the Whereboutz application, or alter, any of TeleNav's or its licensors' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the Whereboutz application to others.

The Whereboutz application originates in the United States, and is subject to United States export laws and regulations. The Whereboutz application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Whereboutz application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Whereboutz application and the Whereboutz service.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will TeleNav or its licensors, 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 the Whereboutz service. You are responsible for the entire risk arising out of your use of the Whereboutz service. The Whereboutz service and the Whereboutz application are provided "as is" and without warranties of any kind, express or implied. TeleNav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

You understand and agree that the Whereboutz application is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data that results from the download of such software. TeleNav does not warrant that the Whereboutz service or the Whereboutz application will not infringe on third party intellectual property rights. TeleNav also does not warrant that your use of the Whereboutz service will be uninterrupted or error-free. Rather, temporary interruptions of the Whereboutz service may occur from time to time (such as when you proceed into an area that has no cell phone coverage or when the Whereboutz service or your carrier's network is undergoing maintenance). TeleNav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will TeleNav be liable for any damages due to such interruptions.

TeleNav also does not warrant the accuracy of the data delivered to or sent from members of your network via the Whereboutz service. Such data may not always be accurate or current. 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 the Whereboutz service or the transmission of data or information to and from TeleNav and your wireless device. TeleNav will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL TELENAV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, TELENAV'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE WHEREBOUTZ SERVICES; (C) THE WHEREBOURTZ SERVICES GENERALLY OR THE WHEREBOUTZ APPLICATION OR SYSTEMS THAT MAKE THE WHEREBOUTZ SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TELENAV OR ANY OTHER USER OF THE WHEREBOUTZ SERVICES, EVEN IF TELENAV OR A TELENAV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL TELENAV'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, TELENAV'S WIRELESS CARRIER PARTNERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE TELENAV SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE TELENAV SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN TELENAV AND RECEIVED THROUGH OR ADVERTISED ON THE WHEREBOUTZ SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WHEREBOUTZ SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT TELENAV'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION AND RELEASE

To the 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 the Whereboutz service or the Whereboutz application. TeleNav reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. If you use the Whereboutz service to meet another user in person, or to locate and attend any online or offline event, then you agree to release and hold TeleNav harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, or property damage, either directly or indirectly related to or arising from your meeting with such other user or attendance or participation in any such event.

OWNERSHIP; PROPRIETARY RIGHTS

The Whereboutz application and service are owned and operated by TeleNav. The Whereboutz application and service, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Whereboutz services are the property of TeleNav or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Whereboutz services are proprietary to TeleNav or its affiliates and/or third-party licensors. Except as expressly authorized by TeleNav, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

GOVERNING LAW

MISCELLANEOUS

This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof. 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. You may not sell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to TeleNav. Notwithstanding the foregoing, TeleNav may assign this Agreement at any time without notice to an affiliate or in conjunction with the sale or transfer of substantially all of TeleNav's assets associated with the Whereboutz service. By using the Whereboutz service, you consent to receive from TeleNav all communications, including notices, agreements, legally required disclosures or other information in connection with the Whereboutz service (collectively, "Notices") electronically. TeleNav may provide such Notices by posting them on the http://www.whereboutz.com/ 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 the Whereboutz service. If you have any questions regarding the terms of this Agreement, please contact TeleNav by sending an email to whereboutz.info@telenav.com, or by clicking on the "Contact Us" link on the http://www.whereboutz.com/ website.

EFFECTIVE DATE

This Agreement is effective as of September 30, 2009.

SMS TERMS OF USE FOR THE WHEREBOUTZ SERVICE

TeleNav Inc Terms and Conditions for the Use of the Wireless Short Messaging Service (SMS) also known as "Text Messaging", or simply, "Texting" by the Whereboutz service TeleNav makes every effort to comply with the Mobile Marketing Association (MMA) Consumer Best Practices Guideline for the use of text messages for conducting its Whereboutz word-of-mouth marketing campaign.. To review these guidelines, go to http://www.mmaglobal.com/bestpractices.pdf.

Messages Delivered by Whereboutz

Case 1: Upon receiving activation request from a Whereboutz application user, Whereboutz sends a text message to that user with a passcode. The user needs to enter that passcode into the Whereboutz application on FaceBook to activate the phone number he/she used to send the activation request.

Case 2: Whereboutz allows its mobile application users to receive the updates of location and status from other Whereboutz application users by text messaging via the Whereboutz short code address. For example, if John Doe chooses to receive updates from Mary Smith in the Whereboutz application, he will receive the message when Mary Smith updates her location or status in the Whereboutz application. When John Doe receives the message, it will be sent from Whereboutz short code, but opening the message will reveal that Mary Smith originally sent it.

In all cases above, the standard messaging rates (charges) imposed by the wireless carrier, if any, for delivering or accepting a message will apply.

Ending Message Delivery

Every message sent via Whereboutz short code includes instructions to reply STOP to stop future messages being sent on behalf of Whereboutz users. When Whereboutz receives a STOP message via a reply to its short code, TeleNav, Inc. is compelled by the MMA guidelines to inform the recipient of the original message that no additional messages will be sent, and to not deliver any further messages for any reason.

Obtaining Help

If a message recipient wishes to get HELP on the TeleNav services to better explain why he received the message, the recipient can send reply with HELP to the message, or any other person can send HELP to the Whereboutz short code, 82314, at any time. TeleNav will respond with a message that directs the sender to this portion of the Whereboutz web site.

Restarting Services

OnMyWay® Terms of Use

Please read these terms and conditions of service carefully before you launch the OnMyWay service. Your use of the OnMyWay service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the OnMyWay service.

INTRODUCTION

These terms and conditions of service represent the agreement ("Agreement") between you and TeleNav, Inc. ("TeleNav") with respect to the OnMyWay service (“Service”). TeleNav, Inc. is the provider of the Service. TeleNav reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement or the TeleNav Privacy Policy at any time. Your continued use of the Service after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to Service when the Service is provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. You should visit http://www.telenav.com from time to time to review the then current terms and conditions for the Service.

USE OF SERVICE – AGE

The Service is available for individuals aged 13 years and older. If you are 13 or older but under the age of 18, please review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement, and have your parent or guardian review and accept this Agreement on your behalf through the OnMyWay user registration process. If you are a parent or guardian accepting this Agreement for the benefit of a child under 18 (who must be 13 or older), then you agree to accept full responsibility for that child's use of the Service, including all legal liability that he or she may incur.

THE ONMYWAY SERVICE

The Service allows you to use your wireless device to send automatic trip status updates.

The Service is available on your wireless device wherever your cellular service is available in the United States and Canada.

Currently, the use of the Service is free of charge; however, TeleNav reserves the right to charge for the service in the future.

The Service is for your personal use only, and is not for resale or other transfer or disposition to any other person or entity. The Service should not be used or relied on as an emergency locator system or in connection with any hazardous environments requiring fail-safe performance or any other application in which failure or inaccuracy of that application or the Service could lead to death, personal injury or severe physical or property damage.

You alone are responsible for your involvement with other users of the Service. TeleNav reserves the right, but has no obligation, to monitor the exchanges between you and such other users. Furthermore, TeleNav does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Services.

PRIVACY POLICY

Your use of the Service indicates that you accept the terms of the TeleNav privacy policy, http://www.telenav.com/include/files/privacy-policy.html, which are incorporated in this Agreement by this reference.

YOUR LOCATION AND ACTIVITY INFORMATION

For TeleNav to provide the Service, TeleNav must record your location and activity information and use such information when generating messages which will be sent by the Service. By using the Service, you authorize TeleNav to record, compile, and distribute in the foregoing ways your location and activity information.

SAFE AND LAWFUL USE OF THE ONMYWAY SERVICE

You understand that the purpose of the Service is to provide a safe, positive and personal means to share information and that the participants must act appropriately to achieve that objective. Therefore, you agree that you will not:

use the Service if you are under 13 years old.
input data to the Service, or otherwise interact with the OnMyWay service, while driving.
not post information to the Service that you do not want shared with members of the Service.
not use the Service to send messages or other materials with offensive, defamatory, pornographic, or other inappropriate content.
not use the Service or any location and activity information received from the service to "stalk", harass, abuse, defame, threaten or defraud other parties.
not send messages or other material to the Service that infringes on any intellectual property, privacy, or other right of a third party.
not use the Service for any commercial or other non-personal use.
not falsely claim an affiliation with any person or entity, or access the Service of another user.
not share the password needed to access the Service from your wireless device with any third party while the Service is running and accessible, or encourage any other user to do so.
not remove, circumvent, disable, damage or otherwise interfere with security-related or other features of the Service, or intentionally interfere with or damage the operation of the OnMyWay service by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
not use the Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the services or modify the services in any manner or form, nor to use modified versions of the services, including (without limitation) for the purpose of obtaining unauthorized access to the services.

WIRELESS DEVICE CHARGES

You are responsible for any Internet connection or other fees assessed by your cellular carrier to access the Service via your wireless device, including any data plan charges, SMS charges, toll, out-of-area, roaming, or other wireless device connection charges.

TERMINATION

SOFTWARE

Subject to your compliance with the terms of this Agreement, TeleNav hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the OnMyWay application onto your wireless device, and (ii) use the OnMyWay application (in object code form only) on your wireless device in order to access and use the Service. This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the Service. You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the OnMyWay application, or any part thereof.
Attempt to derive the source code, audio library or structure of the OnMyWay application without the prior express written consent of TeleNav.
Remove from the OnMyWay application, or alter, any of TeleNav's or its licensors' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the OnMyWay application to others.

The OnMyWay application originates in the United States, and is subject to United States export laws and regulations. The OnMyWay application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the OnMyWay application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the OnMyWay application and the Service.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will TeleNav or its licensors, 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 the Service. You are responsible for the entire risk arising out of your use of the Service. The Service and the OnMyWay application are provided "as is" and without warranties of any kind, express or implied. TeleNav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

You understand and agree that the OnMyWay application is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data that results from the download of such software. TeleNav does not warrant that the Service or the OnMyWay application will not infringe on third party intellectual property rights. TeleNav also does not warrant that your use of the Service will be uninterrupted or error-free. Rather, temporary interruptions of the Service may occur from time to time (such as when you proceed into an area that has no cell phone coverage or when the Service or your carrier's network is undergoing maintenance). TeleNav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will TeleNav be liable for any damages due to such interruptions.

TeleNav also does not warrant the accuracy of the data delivered to or sent via the Service. Such data may not always be accurate or current. 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 the Service or the transmission of data or information to and from TeleNav and your wireless device. TeleNav will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL TELENAV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, TELENAV'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE ONMYWAY APPLICATION OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TELENAV OR ANY OTHER USER OF THE SERVICES, EVEN IF TELENAV OR A TELENAV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN TELENAV AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE.

INDEMNIFICATION AND RELEASE

To the 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 the Service or the OnMyWay application. TeleNav reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. If you use the Service to meet another user in person, or to locate and attend any online or offline event, then you agree to release and hold TeleNav harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, or property damage, either directly or indirectly related to or arising from your meeting with such other user or attendance or participation in any such event.

OWNERSHIP; PROPRIETARY RIGHTS

The OnMyWay application and service are owned and operated by TeleNav. The OnMyWay application and service, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Service are the property of TeleNav or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Service are proprietary to TeleNav or its affiliates and/or third-party licensors. Except as expressly authorized by TeleNav, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

GOVERNING LAW

MISCELLANEOUS

This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof. 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. You may not sell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to TeleNav. Notwithstanding the foregoing, TeleNav may assign this Agreement at any time without notice to an affiliate or in conjunction with the sale or transfer of substantially all of TeleNav's assets associated with the Service. By using the Service, you consent to receive from TeleNav all communications, including notices, agreements, legally required disclosures or other information in connection with the Service (collectively, "Notices") electronically. TeleNav may provide such Notices by posting them on the http://www.telenav.com 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 the Service. If you have any questions regarding the terms of this Agreement, please contact TeleNav by sending an email to omw.info@telenav.com.

END-USER TERMS REQUIRED BY APPLE INC.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

END-USER TERMS REQUIRED BY RESEARCH IN MOTION LIMITED

Research In Motion Limited and Digital River, Inc., shall each be a third party beneficiary of TeleNav’s rights under this Agreement.

EFFECTIVE DATE: August 10, 2010

Sipity™ Terms of Use

Please read these terms and conditions of service carefully before you launch the Sipity service. Your use of the Sipity service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the Sipity service.

INTRODUCTION

These terms and conditions of service represent the agreement ("Agreement") between you and TeleNav, Inc. ("TeleNav") with respect to the Sipity service ("Service"). TeleNav, Inc. is the provider of the Service. TeleNav reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement or the TeleNav Privacy Policy at any time. Your continued use of the Service after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to Service when the Service is provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. You should visit http://www.Sipity.com from time to time to review the then current terms and conditions for the Service.

USE OF SERVICE – AGE

The Service is available for individuals aged 13 years and older. If you are 13 or older but under the age of 18, please review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement, and have your parent or guardian review and accept this Agreement on your behalf through the Sipity user registration process. If you are a parent or guardian accepting this Agreement for the benefit of a child under 18 (who must be 13 or older), then you agree to accept full responsibility for that child's use of the Service, including all legal liability that he or she may incur.

THE SIPITY SERVICE

The Service allows you to use your wireless device or your computer to post your locations and activities throughout the day for access by members of the Service, and to use your wireless device or your computer to access the location and activity information posted by members of the Service.

The Service is available on your wireless device wherever your cellular service is available in the United States and Canada, and may also available be accessed through WiFi connections.

Currently, the use of the Service is free of charge; however, TeleNav reserves the right to charge for the service in the future.

The Service is for your personal use only, and is not for resale or other transfer or disposition to any other person or entity. The Service should not be used or relied on as an emergency locator system or in connection with any hazardous environments requiring fail-safe performance, or any other application in which failure or inaccuracy of that application or the Service could lead to death, personal injury or severe physical or property damage.

PRIVACY POLICY

Your use of the Service indicates that you accept the terms of the TeleNav privacy policy, [insert link to main TeleNav Privacy Policy], which are incorporated in this Agreement by this reference.

LOCATION AND ACTIVITY INFORMATION OF YOU AND YOUR FRIENDS

For TeleNav to provide the Service, TeleNav must record the location and activity information that you post to the Service, and distribute such information to other members of Sipity as well as to your social network . This includes using your submitted location information to publish your location on a map for access by members of the Service. By using the Service, you authorize TeleNav to record, compile, and distribute in the foregoing ways your location and activity information.

SAFE AND LAWFUL USE OF THE SIPITY SERVICE

use the Service if you are under 13 years old.
input data to the Service, or otherwise interact with the Sipity service, while driving.
not post information to the Service that you do not want shared with members of the Service.
not post to the Service messages or other materials with offensive, defamatory, pornographic, or other inappropriate content.
not use the Service or any location and activity information received from the service to "stalk", harass, abuse, defame, threaten or defraud other users.
not post messages or other material to the Service that infringes on any intellectual property, privacy, or other right of a third party.
not use the Service for any commercial or other non-personal use.
not falsely claim an affiliation with any person or entity, or access the Service of another user.
not share the password needed to access the Service from your wireless device with any third party while the Service is running and accessible, or encourage any other user to do so.
not remove, circumvent, disable, damage or otherwise interfere with security-related or other features of the Service, or intentionally interfere with or damage the operation of the Sipity service by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
not use the Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the services or modify the services in any manner or form, nor to use modified versions of the services, including (without limitation) for the purpose of obtaining unauthorized access to the services

WIRELESS DEVICE CHARGES

USER SUBMISSIONS AND INFORMATION

The Service allows the submission of content and materials (such as your location, pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize TeleNav to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Sipity services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.

By submitting User Submissions to the Service, you hereby grant TeleNav a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the Services and TeleNav's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Sipity services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the Sipity services a non-exclusive license to access your User Submissions through the Sipity services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sipity services and under this Agreement.

You understand that when using the Sipity services you will be exposed to User Submissions from a variety of sources, and that Sipity is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TeleNav with respect thereto.

TERMINATION

TeleNav reserves the right to terminate your access to the Service at any time for any or no reason and without notice to you. You may terminate the Service at any time by removing the application from your wireless device. If you have any questions about how to do this, please contact TeleNav by sending an email to Sipity.support@telenav.com, or by clicking on the "Contact Us" link on the http://www.Sipity.com website. Upon any termination of your Service, TeleNav shall have no liability to you or any further obligations under this Agreement. Upon your termination, all data in your profile will be removed. However, information regarding yourself captured or provided in connection with any particular event shall remain available within the Service, but shall remain available solely in connection with the event. Any other User Submission data, email or other Service interaction shall be removed from the Service and shall no longer be available to you or any other member of the Service.

SOFTWARE

Subject to your compliance with the terms of this Agreement, TeleNav hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the Sipity application onto your wireless device, and (ii) use the Sipity application (in object code form only) on your wireless device in order to access and use the Service. This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the Service. You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Sipity application, or any part thereof.
Attempt to derive the source code, audio library or structure of the Sipity application without the prior express written consent of TeleNav.
Remove from the Sipity application, or alter, any of TeleNav's or its licensors' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the Sipity application to others.

The Sipity application originates in the United States, and is subject to United States export laws and regulations. The Sipity application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Sipity application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Sipity application and the Service.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will TeleNav or its licensors, 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 the Service. You are responsible for the entire risk arising out of your use of the Service. The Service and the Sipity application are provided "as is" and without warranties of any kind, express or implied. TeleNav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS

You understand and agree that the Sipity application is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data that results from the download of such software. TeleNav does not warrant that the Service or the Sipity application will not infringe on third party intellectual property rights. TeleNav also does not warrant that your use of the Service will be uninterrupted or error-free. Rather, temporary interruptions of the Service may occur from time to time (such as when you proceed into an area that has no cell phone coverage or when the Service or your carrier's network is undergoing maintenance). TeleNav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will TeleNav be liable for any damages due to such interruptions.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL TELENAV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, TELENAV'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE WHEREBOURTZ SERVICES GENERALLY OR THE SIPITY APPLICATION OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TELENAV OR ANY OTHER USER OF THE SERVICES, EVEN IF TELENAV OR A TELENAV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN TELENAV AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE.

INDEMNIFICATION AND RELEASE

To the 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 the Service or the Sipity application. TeleNav reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. If you use the Service to meet another user in person, or to locate and attend any online or offline event, then you agree to release and hold TeleNav harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, or property damage, either directly or indirectly related to or arising from your meeting with such other user or attendance or participation in any such event.

OWNERSHIP; PROPRIETARY RIGHTS

The Sipity application and service are owned and operated by TeleNav. The Sipity application and service, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Service are the property of TeleNav or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Service are proprietary to TeleNav or its affiliates and/or third-party licensors. Except as expressly authorized by TeleNav, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

GOVERNING LAW

MISCELLANEOUS

This Agreement constitutes the entire agreement between TeleNav and you with respect to the subject matter hereof. 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. You may not sell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to TeleNav. Notwithstanding the foregoing, TeleNav may assign this Agreement at any time without notice to an affiliate or in conjunction with the sale or transfer of substantially all of TeleNav's assets associated with the Service. By using the Service, you consent to receive from TeleNav all communications, including notices, agreements, legally required disclosures or other information in connection with the Service (collectively, "Notices") electronically. TeleNav may provide such Notices by posting them on the http://www.Sipity.com 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 the Service. If you have any questions regarding the terms of this Agreement, please contact TeleNav by sending an email to Sipity.info@telenav.com, or by clicking on the "Contact Us" link on the http://www.Sipity.com website.

EFFECTIVE DATE This Agreement is effective as of October 30, 2009.

TeleNav Privacy Policy

By using our services, products, websites, or otherwise by interacting with us, you consent to this privacy policy. If you do not agree with the terms of this policy, please do not engage in any of these activities.

TeleNav understands and respects your concerns about the use of your personally identifiable information, collected from you as a customer or visitor to our websites that identifies you as a specific person or entity ("personal information"). Personal information includes name, billing and shipping addresses, telephone numbers, social security number, last four digits of credit card numbers, credit card holder's names, credit card expiration dates, billing account number, Mobile Subscriber Identifier, Mobile Equipment Identifier, Network Address Identifier, IP address, call records, audible utterances, email addresses, personal identification number (PIN), and if a corporate entity, may also include company name, purchase order number, and employee number. Personal information does not include anonymous or aggregate information, which after processing may not be associated with a specific person or entity. We believe that you should know what information about you we collect, as well as how that information is used, maintained, and, in some cases, shared. The following sets forth our privacy practices and policies, applicable to TeleNav customers and visitors to the TeleNav websites.

INFORMATION COLLECTED ABOUT YOU AND OUR USE OF SUCH INFORMATION

The types of personal and other information we may collect about you are primarily from three sources: (1) information you provide; (2) information automatically collected; and (3) information from other sources. How we use and maintain that information is described below.

1. Information You Provide

(a) Register/Information Related to Your Account

We collect personal information about you when you register to become a customer of our services, and when you otherwise transmit such information to us via the internet (including partner websites) or by email. Specifically, to maintain your account we collect and store in a database your name, billing address, email address, mobile phone number, or device ID/number for certain devices, mobile phone model, wireless carrier, and in certain circumstances the last four digits of your credit card number, credit card holder's names, and credit card expiration dates.

We use your name, billing address, and credit card number for the purpose of billing you for our services, and other services offered from within certain TeleNav products, and with your permission, may store such information for future transactions.

(b) Website Use/Contact Our Customer Service Representatives

We use your email address to contact you with regard to your account, such as to communicate that it is about to expire or to confirm any change to your phone number, and to respond to any inquiry you submit via our websites or by email.

(c) Access Our Services

When you use any of our services, including when you use a mobile device equipped with one of our services, you will be asked to provide certain information. We use your mobile phone number/device ID number as your account number so that when you access our services for instructions or interact with our automated voice entry system, we can use caller ID to map your phone number to your account number.

As a customer of TeleNav, you may also create a personal identification number (PIN), which we store in our database, for the purpose of you logging into your account on this website. In some cases, this PIN is generated for you automatically on your wireless device, and cannot be altered.

As a customer of TeleNav, you also have the option of providing us with your home and work addresses (to the extent they differ from your billing address), which we store in our database, to enable you to access readily other features of our services.

On some versions of our services, you can also create a list of "favorite" addresses that can include your home and work addresses, and that you may edit on our website, or on your mobile device. We store these addresses in our database so that you can access them from your mobile device, and so that should you change devices, this collection of addresses will still be available to you.

(d) Promotions

When you participate in a TeleNav promotion, such as a sweepstakes or contest, you will typically be asked to provide your name and email address, and possibly other information such as your mailing address and telephone number.

We store this information in our database and will use it to communicate with you about the promotion. We also may use your email address from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.

(e) Request for Information

When you request additional information about one of our services either via our website or via one of our partners through which our services are offered, such as a mobile telecommunications provider, information we collect through these requests include your name, phone number, and email address, and if you are seeking information on behalf of your company, the name of that company. We will use this information to provide you with details about our services, and we may use this information to promote our services to you in the future, unless you inform us that you opt out from receiving such communications. To understand what a partner of ours may do with information about you in the partner's custody, you should check the privacy policy of that partner.

(f) Public Forums

If you use or link to public forums such as social networking services, blogs on TeleNav or non-TeleNav websites, internet bulletin boards, or chat rooms, be aware that any personal information you submit can be read, collected, or used by other users of these forums, including to send you unsolicited messages. TeleNav cannot prevent the distribution and use of such information by other parties.

(g) Other Submissions

We collect personal information about you when you submit survey responses, a job application or resume.

2. Information Automatically Collected

We automatically receive certain types of information, some of which may be associated with personal information, when you visit our websites or use our products and services.

(a) Information Related to Your Location and Route or Other User Content

Each time you access the TeleNav GPS Navigator™ service or our partnered branded versions of GPS Navigator services, we record your route information, including your point of origin (which may be your then-current location), the address of your destination, the starting time of your trip, and the route you are instructed to follow. We record your current location when your wireless device requests a rerouting (which occurs, for example, when you deviate from the specified instructions). We maintain a database with these locations and route information, and may keep such information indefinitely to improve our map coverage and to provide other features that may enhance your service capabilities, functions, and your user experience. We may periodically receive your current location from the GPS hardware associated with your wireless device for the purpose of providing enhanced services. When your location and speed is used for these purposes, we strip it of your personal identity information, such as your phone number, prior to storing.

Our TeleNav Track™ service combines GPS, wireless and web technologies to enable fleet dispatching and activity reporting. To provide the TeleNav Track service, we 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 your wireless device, as well as internally continuously record, compile, and display data regarding the location of your GPS and wireless device. If an entity or another individual obtains the TeleNav Track service for you, that entity or individual is our customer, and we may provide personal information on your use of the service to the entity at its direction, and use of such information by the entity is outside the control of TeleNav.

When you choose to use your current GPS location for specifying the locale for a business finder search, or obtaining a map, we use your location information for the requested purpose, and then discard it. We anonymously record any search activities and results for comparative analysis. Further, we anonymously record transactions for the purpose of paying directory listing and mapping data providers.

Some versions of our services include a location and information sharing feature that enables you to send your location or other information to another party. These location exchanges are transmitted via the internet or text messages using Short Messaging Service (SMS). We record these location exchanges, and may keep such information indefinitely. To respect the privacy of any individual with whom you would like to conduct a location exchange, but who has requested not to accept SMS messages, we maintain a list of recipients who have opted-out of receiving these messages. For some applications we may save this location information until you replace it or elect to delete your account. Upon termination of our services, all data in your profile will be removed. However, information regarding yourself in connection with any particular event shall remain available within the applicable service, but shall remain available solely in connection with the event. Any other user submission data, email, or other such service interaction shall be removed from the applicable service, and shall no longer be available to you or other members of such service.

(b) Cookies, Web Beacons, and Similar Technologies on the Website and TeleNav Applications

We may employ browser cookies or similar technologies to identify the computer, mobile device, or some of our services and record your preferences and other data. We use cookies or similar technologies to evaluate how our websites, devices or applications are used and to provide continuous improvement to our services, make recommendations, and complete transactions you request. Cookies may be stored locally on mobile devices or on computer servers operated or controlled by TeleNav. We may use a tracking pixel, agent or other visitor identification technology that collects anonymous data about your use of some of our services. We may also use Web beacons, also known as Web bugs, which are mostly invisible small graphic images (1-by-1 pixel), in the same color as the background of the web page or an HTML email, to monitor interaction with our websites or emails. In addition, when you visit our website our systems automatically collect your IP address and the type of browser that you use. When you browse our website, our systems log the TeleNav web pages that you visit. Server log files are records of activity automatically created by the server and stored. If we combine or link cookie or Web beacons with personal information, we will treat the combined or linked information as personal information under this policy. We may employ third-parties to place advertisements about our products and services on other web sites. The use of cookies, Web beacons or other similar technologies by such third parties is governed by their privacy policies.

You may limit the automatic collection of certain information by our website by disabling the cookies using your browser options. Please be aware that disabling cookies may prevent you from using specific features on our websites, such as ordering services, or maintaining an online account.

(c) Other Information

When you use the destination address voice entry feature on our services, we record your audible utterance (what you said). We collect utterances from our entire subscriber population, organize them by what was said, and then use this information to adjust speech recognition performance parameters to improve accuracy.

We may retain any data you provide to us in an email inquiry, for the purpose of tracking the types of questions we receive.

3. Information From Other Sources

We may obtain information about you from outside sources and add to it or combine it with your personal information. For example, we may request credit information when you initially subscribe for service, collect demographic and marketing data about you from third parties for marketing research and analysis to improve our products/services, obtain updated address information from our shippers, or collect information from other vendors that promote and distribute our products through their own brands.

WHEN YOUR INFORMATION WILL BE SHARED OR DISCLOSED

TeleNav does not sell, rent, license or otherwise share information with unaffiliated parties except as explained in this privacy policy.

Consent Given/Transaction Processing

We may disclose personal information about you to third parties with your consent. Consent is sometimes implicit, as in the disclosure of personal information to third-parties who complete transactions or perform services on our behalf. For example, we routinely provide your name, billing address, and credit card information, along with the amount to be charged, to the bank that processes your credit card for billing purposes.

To the Primary Account Holder

We may disclose personal information of an account user to the primary account holder (the party financially responsible for the account.) If a business, governmental agency, or other individual obtains service for you, that entity or individual is our customer, and we may provide personal information about you, or your use of the service to them or others at their direction.

Third Party Services

If you take advantage of a third party's services or products offered through the use of our services, we may disclose your personal information to such unaffiliated third parties. For instance, some of our services and functionality are provided in conjunction with other parties. These entities may use this information (including your name, telephone number, and email and mailing addresses) to promote their products and services to you.

Legal Processes

We will comply with any subpoenas, court orders or other legal processes for any of the information about you in our possession, and we may use such information to establish or exercise yours, ours, or others' legal rights, or to defend against legal claims.

Business Transfers

Information about you in our possession may be disclosed as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the unlikely event of insolvency, bankruptcy, or receivership in which your personal information would be transferred as one of the business assets of the company. TeleNav does not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this policy.

International Users

Information that we collect about you may also be transferred among our various divisions and affiliated companies around the world, which may involve transfer from countries within the European Economic Area (EEA) and Switzerland to countries outside the EEA. By allowing TeleNav to collect this information about you, you consent to these transfers, including transborder transmission of data covered by this privacy policy. As a result, that country's courts, governments or law enforcement agencies could obtain disclosure of such information under that country's laws. TeleNav participates in the Safe Harbour program and adheres to the Safe Harbour principles developed by the U.S. Department of Commerce and the European Union as well as the Safe Harbour framework as developed by the U.S. Department of Commerce and Switzerland. Our Safe Harbour certification information can be found at http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list. For more information about the Safe Harbour Principles, please visit the U.S. Department of Commerce's website at http://export.gov/safeharbour/.

INFORMATION ON WIRELESS DEVICES

The TeleNav software (and any upgrades, modifications, or additions thereto) that is factory installed or downloaded to, and resides upon your wireless device retains your manually entered account number and PIN, or reads it from the device. Having your carrier change the assigned phone number for your wireless device does not change the account number we maintain with regard to that device, which will result in your device not being able to access your TeleNav account established using the previous phone number. If this happens, please contact TeleNav customer care.

SECURITY OF PERSONAL INFORMATION

TeleNav has implemented various physical, electronic and procedural safeguards to protect the confidentiality and security of personal information under our control. For instance, TeleNav limits access to TeleNav systems that store such information to authorized personnel. TeleNav also employs the Secure Sockets Layer (SSL) protocol to protect your personal information when you bill on our website.

While TeleNav maintains a multitude of security measures to prevent unauthorized access to or disclosure of your personal information, no security measures are absolute or wholly guaranteed. TeleNav will make reasonable attempts to notify you if it determines there were unauthorized acts by third parties that violate the law or this policy, or other security breaches, or where otherwise required by law.

TeleNav will maintain your personal information for as long as a business need exists, or as required by applicable laws, regulations, or government orders. When we dispose of personal information, we use commercially reasonable procedures to erase or render it unreadable.

CHILDREN'S PRIVACY

TeleNav will not knowingly request or collect personal information from any person under 13 years of age without prior verifiable parental or legal guardian consent. If, however, you authorize a child to use our services or products by providing them a device associated with your TeleNav service, any personal information associated with such use will be treated as your information in accordance with this policy. TeleNav encourages parents to be involved in the online activities (including wireless Internet browsing) of their children to ensure that no information is collected from a child without parental or legal guardian permission.

YOUR PRIVACY RIGHTS

Customers are entitled to request information concerning whether a business has disclosed personal information to any affiliated companies or third parties for their direct marketing purposes. Customers are further entitled to request access to their personal information under TeleNav's control. To protect your privacy and security, TeleNav will take reasonable steps to verify your identity before providing you access or making corrections. Good faith efforts to resolve requests to correct inaccuracies in personal information will be made by TeleNav, except where the request is unreasonable. As stated in this privacy policy, TeleNav will not sell or share your personal information with third parties for their direct marketing purposes without your consent. Customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices and policies may contact us at care@telenav.com or write to the attention of Privacy Policy Officer, TeleNav, Inc., 1130 Kifer Road, Sunnyvale, CA 94086, USA.

OTHER WEBSITES

For your convenience, this website contains links to other websites, including some websites administered by TeleNav or administered by other companies on behalf of TeleNav, as well as to websites unrelated to TeleNav. This privacy policy does not apply to non-linked websites. Each website should be checked for its own privacy policy.

CHANGES TO THIS POLICY

TeleNav may from time to time update this privacy policy, and we encourage you to periodically review this privacy policy to be informed of the latest changes. In the event that TeleNav merges with, or is acquired by another company, a change to this privacy policy may result. Whenever a change to this policy is significant, we will place a prominent notice on this website, at least 30 days before the effective date.

OTHER AGREEMENTS

TeleNav may enter into written product or service agreements with customers that contain specific provisions related to confidentiality, security or other handling of information. If this privacy policy conflicts with any provision of those terms and agreements (both US and international), those terms and agreements govern to the extent of the inconsistency. In all other instances, the terms of this privacy policy apply.

GOVERNING LAW

By choosing to visit this website or otherwise provide information to TeleNav, you agree that any dispute over privacy or the terms contained in this privacy policy will be governed by the law of the State of California, United States of America. You also agree to arbitrate such disputes and to abide by any limitation on damages contained in our Terms of Use, Terms and Conditions of Service, or other applicable agreement we have with you.

UPDATE INFORMATION / REVOKE CHOICES / SUGGESTIONS / CONTACT INFORMATION

If you would like to update or correct any information that you have provided to TeleNav through your use of our services or this website, limit or opt-out of certain communications, revoke prior communication choices you have made, or if you have suggestions for improving this privacy policy, please send an e-mail to care@telenav.com, or fill out the form in the Contact Us link on this website. We will use reasonable commercial efforts to address any concerns that you may have.

CONTACT INFORMATION FOR INTERNATIONAL USERS

In order to comply with the European Union's Safe Harbor Principles, TeleNav commits to the resolution of complaints about your privacy and our collection or use of your personal information. We have committed to resolve any complaints by European Union citizens relating to this policy, which cannot be resolved directly with our company, through BBB EU Safe Harbor (a dispute resolution procedure administered by the Council of Better Business Bureaus, Inc), the E.U DPA, and the Swiss FDPIC. You may choose any of these recourse mechanisms to address your complaint with TeleNav.

TeleNav takes its users' privacy concerns seriously, and if you believe that TeleNav has not complied with this Privacy Policy in regards to your personal information, you may write to the TeleNav Privacy Officer at the following address:

TeleNav Headquarters
ATTN: PRIVACY POLICY OFFICER
1130 Kifer Road
Sunnyvale, CA 94086 USA

Email: care@telenav.com

In your letter, please describe in detail -- in as much detail as possible -- the ways in which you believe that we have not complied with this Privacy Policy. We will investigate and verify your complaint in a timely manner. If you do not receive acknowledgement of your complaint or if you feel that your complaint is not adequately addressed by TeleNav, you should then contact the following companies (choose one):

Council of Better Business Bureaus, Inc.

BBB EU Safe Harbor

4200 Wilson Boulevard, Suite 800

Arlington, VA 22203

Phone: 703-276-0100

Web: www. us.bbb.org

Email: eusafeharbor@council.bbb.org

E.U. Data Protection Authority (E.U. DPA)

c/o United States Council for International Business

1212 Avenue of the Americas
New York, NY 10036
Telephone: (212) 354-4480
Fax: (212) 575-0327

Web: http://www.uscib.org

Swiss FDPIC

Office of the Federal Data Protection and Information Commissioner FDPIC
Feldeggweg 1
CH - 3003 Berne
Telephone: +41 (0)31 322 43 95 (mon.-fri., 10-12 am)
Fax: +41 (0)31 325 99 96

TeleNav Privacy Policy last updated as of July 23, 2010.

TeleNav Warranty and Refunds Policy

TeleNav Hardware Warranties and Refunds

TeleNav Bluetooth® GPS Receivers One-Year Limited Warranty

TeleNav, Inc. warrants this TeleNav Bluetooth® GPS receiver against defects in material and workmanship under normal use and service for a period of one (1) year from the date of purchase by the original purchaser. This warranty is extended only to the original purchaser.

If a defect in a receiver arises and a valid claim is received by TeleNav within the one-year warranty period, TeleNav will, at its option, either (1) exchange the receiver with another receiver, or (2) refund the purchase price of the receiver. When a receiver is exchanged, any replacement item becomes your property and the replaced item becomes TeleNav’s property. When a refund is given, the receiver for which the refund is provided must be returned to TeleNav and becomes TeleNav’s property.

TeleNav is not responsible for your shipping and other costs to return the receiver to TeleNav or its authorized representative.

This warranty does not apply to:

Damage or loss which occurs during shipment.
Damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes.
Damage caused by operating the product outside the permitted or intended uses described by TeleNav.
Damage caused by service performed by anyone who is not a representative of TeleNav.
Consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship.

This warranty also does not apply to any item other than the receiver. Specifically, this warranty does not cover any of the accessories shipped with your receiver, including the plug-in wall charger, the plug-in car charger, the USB cable, and the installation CD. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, TELENAV SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF TELENAV CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPLACEMENT SERVICE AS DETERMINED BY TELENAV IN ITS SOLE DISCRETION.

No TeleNav reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. Some States do not allow limitations on how long an implied warranty lasts, and some States do not allow the exclusion or limitation of incidental or consequential damages, so one or more of the above limitations may not apply to you.

This warranty gives you specific legal rights. You may have other rights which vary from state to state.

How to Obtain Warranty Service

To obtain service under this warranty, call TeleNav at 1-88-TeleNav-4 (1-888-353-6284). You will be asked for your email address for TeleNav to send you a Return Merchandise Authorization (RMA) number and details for returning the receiver to TeleNav. Alternatively, you may receive this information verbally over the phone. The receiver 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 may keep the receiver’s activation code and the installation CD.)

TeleNav Refund Policy

TeleNav GPS Navigator™

Use of the TeleNav GPS Navigator service (the “TeleNav Service”) requires payment of a monthly fee, which includes downloads to your wireless device of the TeleNav GPS Navigator software and any upgrades, modifications, or additions thereto, but does not include any hardware that may be required for certain wireless devices (such as a GPS receiver).

TeleNav will not refund any payments for the TeleNav Service or any necessary hardware made directly to a cellular carrier (e.g., Sprint Nextel, AT&T, etc.) or otherwise not directly made to TeleNav. Check with your cellular carrier for its policy on refunds of such payments.

If you pay for the TeleNav Service or for any necessary hardware through a credit card at www.telenav.com or through a direct billing arrangement with TeleNav, then you or TeleNav may cancel your account at any time subject to the following policies:

If you or TeleNav cancel your account within the first 30 days of activation, all charges for the TeleNav Service (and any hardware purchased from TeleNav that you return per TeleNav’s hardware return policy and procedures) will be credited back to your credit card or otherwise refunded to you, unless your account is cancelled by TeleNav for cause.
For any payments for the “TeleNav GPS Kit Promotion” (a free GPS receiver kit with a two-year service plan commitment), if you or TeleNav cancel your account within the first 30 days and you return all hardware in the GPS receiver kit, all charges will be credited back to your credit card or otherwise refunded to you, unless your account is cancelled by TeleNav for cause. Beyond the initial 30-day period, the GPS receiver kit is no longer returnable and any charges assessed for the TeleNav Service are not refundable.
If you or TeleNav cancel your account at any time after the first 30 days, TeleNav will discontinue charging your credit card for your monthly service fee or otherwise cease assessing charges under your direct billing arrangement, but will not refund any amounts for the current or previous months of service and will not provide a refund for any hardware purchased from TeleNav. In addition, TeleNav will not refund any amount of prepaid service. For example, if you purchased twelve (12) months of prepaid service and cancel your account after three (3) months, there will be no refund of any amount to you on your account.
You will not be provided a refund for any month for which you were not charged for the TeleNav Service (i.e., as a result of any free usage or other promotion).

TeleNav Shotgun™

If you pay for the TeleNav Shotgun (“Shotgun”) through a credit card payment at www.telenav.com or through a direct billing arrangement with TeleNav, then you may request a refund within the first 30 days after the date of purchase. Upon TeleNav’s receipt of the Shotgun unit from you per the terms of this policy, the purchase price you paid for the Shotgun unit will be credited back to your credit card or otherwise refunded to you, along with any applicable sales tax. No refund will be made for any shipping or handling charges. The Shotgun unit for which the refund is provided must be returned to TeleNav and becomes TeleNav’s property.

TeleNav is not responsible for your shipping and other costs to return the Shotgun to TeleNav or its authorized representative.

To request a refund, call TeleNav at 1-88-TeleNav-8 (1-888-353-6288). You will be asked for your email address for TeleNav to send you a Return Merchandise Authorization (RMA) number and details for returning the Shotgun unit to TeleNav. Alternatively, you may receive this information verbally over the phone. The Shotgun unit must be returned in the original packaging including all original accessories and 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. The Shotgun unit and all original accessories must be in good physical and operational condition; damaged product will not be accepted for return. TeleNav must receive your return of the Shotgun unit per the terms of this return policy within ten (10) days from the date the RMA number is provided to you. Failure to return the Shotgun unit in this timeframe, or otherwise not in compliance with the terms herein, will invalidate your RMA.

TeleNav Connected Service™

Use of the TeleNav Connected Service (“TCS”) which includes downloads to your wireless device of selected upgrades, modifications, or additions to TCS, requires payment of a monthly fee.

If you pay for TCS through a credit card payment at www.telenav.com or through a direct billing arrangement with TeleNav, then you or TeleNav may cancel your account at any time subject to the following policies:

The first 3 months of TCS is free with your purchase of a TeleNav Shotgun unit, and begins from the date of first TCS activation. If you or TeleNav cancel TCS within the first 30 days of first TCS activation, all charges for TCS (and the Shotgun unit purchased from TeleNav that you return per TeleNav’s Shotgun return policy and procedures) will be credited back to your credit card or otherwise refunded to you, unless your TCS is cancelled by TeleNav for cause.
If you or TeleNav cancel TCS at any time after the first 30 days of first TCS activation, TeleNav will discontinue charging your credit card for your monthly service fee or otherwise cease assessing charges under your direct billing arrangement, but will not refund any amounts for the current or previous months of service and will not provide a refund for any hardware purchased from TeleNav. In addition, TeleNav will not refund any amount of prepaid service. For example, if you purchased twelve (12) months of prepaid service and cancel your account after three (3) months, there will be no refund of any amount to you on your account.
You will not be provided a refund for any month for which you were not charged for TCS (i.e., as a result of any free usage period or other promotion). Should you or TeleNav choose to cancel TCS for any reason, you shall not be entitled to any refund of or reduction in the price of the Shotgun unit (except as expressly provided under TeleNav’s Shotgun return policy and procedures).

TeleNav Trademarks

TeleNav®
Always Find Your Way™
TeleNav Asset Tracker™
TeleNav Connected Service™
TeleNav GPS Fleet™
TeleNav GPS Navigator™
TeleNav Maps™
TeleNav Shotgun™
TeleNav Track™
TeleNav Track LITE™
TeleNav Track Premuim™
TeleNav Vehicle Manager™
TeleNav Vehicle Tracker™
Whereboutz®
OnMyWay®
Jungle™
Sipity™

TeleNav Partner Brand Guidelines

Refer to the TeleNav Partner Brand Guidelines (PDF) for guidance on the correct use of TeleNav logos. Questions can be emailed to brand@telenav.com.