Telenav may revise these terms and conditions at any time, with or without notice to you. You should visit www.telenav.com from time to time to review the then current terms and conditions for Scout GPS Link.
Scout GPS Link allows you to obtain via your wireless device GPS-assisted navigation instructions to destinations throughout most of the United States, depending on your cellular carrier and connect your navigation session to your vehicle. A complete description of Scout GPS Link is available on the Apple App Store and Google Play.
Scout GPS Link is for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.
Scout GPS Link 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 Scout GPS Link is limited by and subject to such terms.
For Telenav to provide Scout GPS Link, 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.
You agree to comply with the following when using Scout GPS Link:
You are responsible for any fees assessed by your wireless telephone carrier to access Scout GPS Link, 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 Scout GPS Link, such as Shared ETA.
Telenav reserves the right to change at any time the phone number designated for you to access Scout GPS Link, including eliminating any toll-free numbers.
Telenav reserves the right to terminate your access to Scout GPS Link at any time for any or no reason and without notice to you.
You may terminate Scout GPS Link at any time by notifying Telenav via: (i) an email addressed to firstname.lastname@example.org; or (ii) a letter addressed to Telenav, Inc., 4655 Great America Parkway, Suite 300, Santa Clara, CA 95054, USA. Any such cancellation by you shall become effective upon Telenav's receipt of your notice.
Upon any termination of your subscription of Scout GPS Link, Telenav shall have no liability to you or any further obligations under this Agreement.
You agree: (a) when signing up for Scout GPS Link, 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 Scout GPS Link.
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 Telenav Software onto your wireless device, and (ii) use the Telenav Software (in object code form only) on such wireless device in order to access and use Scout GPS Link.
This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to Scout GPS Link.
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:
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 Scout GPS Link or the Telenav Software. You are responsible for the entire risk arising out of your use of Scout GPS Link and the Telenav Software.
Scout GPS Link 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.
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 Scout GPS Link or the Telenav Software will not infringe on third party intellectual property rights.
Telenav also does not warrant that your use of Scout GPS Link will be uninterrupted or error-free. Rather, temporary interruptions of Scout GPS Link may occur from time to time (such as when you drive into an area that has no cell phone coverage or when Scout GPS Link 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 Scout GPS Link. 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 Scout GPS Link 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.
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 Scout GPS Link or the Telenav Software, any defects in Scout GPS Link 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.
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 Scout GPS Link or the Telenav Software.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement, Scout GPS Link, 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.
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. You agree to submit to the exclusive jurisdiction of the courts of the County of Santa Clara, California.
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 Scout GPS Link, you consent to receive from Telenav all communications, including notices, agreements, legally required disclosures or other information in connection with Scout GPS Link (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 Scout GPS Link. Telenav may email or send text messages to you 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.
If you have any questions regarding the terms of this Agreement, please contact Telenav by sending an email to email@example.com or by writing to Telenav Customer Service, 4655 Great America Parkway, Suite 300, Santa Clara, CA 95054, USA.
NOTE: Additional terms and conditions applicable to you are as follows:
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.
1. An End User shall no longer have the right to use the Traffic Data in the event that the End User shall be in material breach of the Subscriber Agreement
2. Total Traffic & Weather Network, a division of Metro Networks Communications, Inc., holds the rights to the traffic incident data.
3. End User may not modify, copy, scan or use any other method to reproduce, duplicate, republish, transmit or distribute in any way any portion of traffic incident data. End User agrees to indemnify, defend and hold harmless, TomTom North America, Inc., and Total Traffic & Weather Network, a division of Metro Networks Communications, Inc. (and its affiliates) against any and all claims, damages, costs or other expenses that arise directly or indirectly out of (a) End User’s unauthorized use of the traffic incident data, (b) End User’s violation of this directive and/or (c) any unauthorized or unlawful activities by End User in connection herewith.
4. TTWN traffic data is informational only. End User assumes all risk of use. TTWN makes no representations about content, traffic and road conditions, route usability, or speed.
5. THE LICENSED MATERIAL IS PROVIDED TO LICENSEE “AS IS,” AND “WHERE IS”. TTWN, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL THIRD PARTY PROVIDERS OF ANY OF THE LICENSED MATERIAL, EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE LICENSED MATERIAL (INCLUDING, WITHOUT LIMITATION, THAT THE LICENSED MATERIAL WILL BE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION OR THAT THE TRAFFIC DATA WILL BE ACCURATE), EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
6. TTWN WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES, ANTICIPATED REVENUES, OR PROFITS RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO USE OF THE TRAFFIC DATA, WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY).
The protobuf-c library, as well as the PLCrashLogWriterEncoding.c file are licensed as follows:
Copyright 2008, Dave Benson.
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.