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Telenav Software End User License Agreement

Please read these terms and conditions carefully before you use the Telenav Software. Your use of the Telenav Software 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 the Telenav Software.

These terms and conditions represent the agreement (“Agreement”) between you and Telenav, Inc. (“Telenav”) with respect to the Telenav Software (including upgrades, modifications, or additions thereto) (collectively “Telenav Software”). 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, all of your account information, as well as other payment and personal information provided by you to Telenav (directly or through the use of the Telenav Software, 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.

1. Safe and Lawful Use

You acknowledge that devoting attention to the 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 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 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 the Telenav Software, unless your vehicle is stationary and parked; (d) do not use 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 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 Telenav Software in any moving vehicle, including as a result of your failure to comply with the directions above.

2. Account Information

You agree: (a) when registering the Telenav Software, 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.

3. 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 permanent transfer of the Telenav Software license), without the right to sublicense, to use the Telenav Software (in object code form only) in order to access and use the Telenav Software.  This license shall terminate upon any termination or expiration of this Agreement.  You agree that you will use the Telenav Software only for your personal business or leisure purposes, and not to provide commercial navigation services to other parties.

3.1 License Limitations

You agree not to do any of the following: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Telenav Software 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 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 part of your permanent transfer of the Telenav Software; or (e) use the Telenav Software 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; and (f) lease, rent out, or otherwise permit unauthorized access by third parties to the Telenav Software without advanced written permission of Telenav.

4. Disclaimers

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 the Telenav Software.  Telenav also does not warrant the accuracy of the map or other data used for 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.  You are responsible for the entire risk arising out of your use of the Telenav Software.  For example but without limitation, you agree not to rely on 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 Telenav Software are not intended to support such high risk applications, especially in more remote geographical areas.

TELENAV EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES IN CONNECTION WITH THE TELENAV SOFTWARE, 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 TELENAV SOFTWARE. Certain jurisdictions do not permit the disclaimer of certain warranties, so this limitation may not apply to you.

5. 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 TELENAV SOFTWARE, 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 TELENAV SOFTWARE.  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.

6. Arbitration and Governing Law

You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Telenav Software 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.

7. Assignment

You may not resell, assign, or transfer this Agreement or any of your rights or obligations, except in totality, in connection with your permanent transfer of the Telenav Software, and expressly conditioned upon the new user of the Telenav Software 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 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.

8. Miscellaneous

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

8.2 Except for the limited licenses expressly granted in this Agreement, Telenav retains all right, title and interest in and to the Telenav Software, 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.

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

8.4 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.

8.5 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.

8.6 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.”

9. Other Vendors Terms and Conditions

The Telenav Software 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 the Telenav Software 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:

9.1 End User Terms Required by HERE North America, LLC

The data (“Data”) is provided for your personal, internal use only and not for resale.  It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and Telenav (“Telenav”) and its licensors (including their licensors and suppliers) on the other hand.
© 2013 HERE.  All rights reserved.
The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase®, © Department of Natural Resources Canada.
HERE holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.
©United States Postal Service® 2014.  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.
The Data for Mexico includes certain data from Instituto Nacional de Estadística y Geografía.
Terms and Conditions
Permitted Use.  You agree to use this Data together with the Telenav Software solely for the internal business and personal purposes 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 agree not to otherwise reproduce, copy, modify, decompile, disassemble, create any derivative works of, 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 use this Data (a) 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:  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 shall not export from anywhere any part of the Data or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce. To the extent that any such export laws, rules or regulations prohibit HERE from complying with any of its obligations hereunder to deliver or distribute Data, such failure shall be excused and shall not constitute a breach of this Agreement.
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 [insert “Netherlands” where European HERE Data is used], 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 [insert “The Netherlands” where European HERE Data is used] for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.
Government End Users.  If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, this Data is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with these End-User Terms, 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:  HERE
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: c/o Nokia, 425 West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as defined in FAR 2.101 and is subject to these End-User Terms under which this Data was provided.
© 1987 – 2014 HERE – 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 HERE prior to seeking additional or alternative rights in the Data.

I. US/Canada Territory
A. United States Data.  The End-User Terms for any Application containing Data for the United States shall contain the following notices:
“HERE holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.”
“©United States Postal Service® 20XX.  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.”
B. Canada Data.  The following provisions apply to the Data for Canada, which may include or reflect data from third party licensors (“Third Party Data”), including Her Majesty the Queen in Right of Canada (“Her Majesty”), Canada Post Corporation (“Canada Post”) and the Department of Natural Resources of Canada (“NRCan”):
1. Disclaimer and Limitation:  Client agrees that its use of the Third Party Data is subject to the following provisions:
a. Disclaimer:  The Third Party Data is licensed on an “as is” basis.  The licensors of such data, including Her Majesty, Canada Post and NRCan, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
b. Limitation on Liability: The Third Party Data licensors, including Her Majesty, Canada Post and NRCan, shall not be liable: (i) in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of such Data; or (ii) in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the Data.
2. Copyright Notice:  In connection with each copy of all or any portion of the Data for the Territory of Canada, Client shall affix in a conspicuous manner the following copyright notice on at least one of: (i) the label for the storage media of the copy; (ii) the packaging for the copy; or (iii) other materials packaged with the copy, such as user manuals or end user license agreements:  “This data includes information taken with permission from Canadian authorities, including © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase®, © The Department of Natural Resources Canada. All rights reserved.”
3. End-User Terms: Except as otherwise agreed by the parties, in connection with the provision of any portion of the Data for the Territory of Canada to End-Users as may be authorized under the Agreement, Client shall provide such End-Users, in a reasonably conspicuous manner, with terms (set forth with other end user terms required to be provided under the Agreement, or as otherwise may be provided, by Client) which shall include the following provisions on behalf of the Third Party Data licensors, including Her Majesty, Canada Post and NRCan:
The Data may include or reflect data of licensors, including Her Majesty the Queen in the Right of Canada (“Her Majesty”), Canada Post Corporation (“Canada Post”) and the Department of Natural Resources Canada (“NRCan”).  Such data is licensed on an “as is” basis.  The licensors, including Her Majesty, Canada Post and NRCan, 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, Canada Post and NRCan, 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, Canada Post and NRCan, 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.
End User shall indemnify and save harmless the licensors, including Her Majesty, Canada Post and NRCan, 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.
4. Additional Provisions:  The terms contained in this Section are in addition to all of the rights and obligations of the parties under the Agreement. To the extent that any of the provisions of this Section are inconsistent with, or conflict with, any other provisions of the Agreement, the provisions of this Section shall prevail.

II. Mexico.  The following provision applies to the Data for Mexico, which includes certain data from the Instituto Nacional de Estadística y Geografía (“INEGI”):
A. Any and all copies of the Data and/or packaging containing Data for Mexico shall contain the following notice: “Fuente: INEGI (Instituto Nacional de Estadística y Geografía)”

III. Latin America Territory
A. Third Party Notices.  Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy:
Territory Notice
Ecuador “INSTITUTO GEOGRAFICO MILITAR DEL ECUADOR AUTORIZACION N° IGM-2011-01- PCO-01 DEL 25 DE ENERO DE 2011”
Guadeloupe, French “source: © IGN 2009 - BD TOPO ®”
Guiana and Martinique
Mexico “Fuente: INEGI (Instituto Nacional de Estadística y Geografía)”

IV. Middle East Territory
A. Third Party Notices. Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy:
Country Notice
Jordan “© Royal Jordanian Geographic Centre”.  The foregoing notice requirement for Jordan Data is a material term of the Agreement.  If Client or any of its permitted sublicensees (if any) fail to meet such requirement, HERE shall have the right to terminate Client’s license with respect to the Jordan Data.
B. Jordan Data.  Client and its permitted sublicensees (if any) are restricted from licensing and/or otherwise distributing HERE’s database for the country of Jordan (“Jordan Data”) for use in Enterprise Applications to (i) non-Jordanian entities for use of the Jordan Data solely in Jordan or (ii) Jordan-based customers.  In addition, Client, its permitted sublicensees (if any) and End-Users are restricted from using the Jordan Data in Enterprise Applications if such party is (i) a non-Jordanian entity using the Jordan Data solely in Jordan or (ii) a Jordan-based customer. For purposes of the foregoing, “Enterprise Applications” shall mean Geomarketing applications, GIS applications, mobile business asset management applications, call center applications, telematics applications, public organization Internet applications or for providing geocoding services.

V. Europe Territory
A. Use of Certain Traffic Codes in Europe
1. General Restrictions Applicable to Traffic Codes.  Client acknowledges and agrees that in certain countries of the Europe Territory, Client will need to obtain rights directly from third party RDS-TMC code providers to receive and use the Traffic Codes in the Data and to deliver to End-Users Transactions in any way derived from or based on such Traffic Codes.  For such countries, HERE shall deliver the Data incorporating Traffic Codes to Client only after receiving certification from Client of its having obtained such rights.
2. Display of Third Party Rights Legends for Belgium.  Client shall, for each Transaction that uses Traffic Codes for Belgium, provide the following notice to the End-User:  “Traffic Codes for Belgium are provided by the Ministerie van de Vlaamse Gemeenschap and the Ministèrie de l’Equipement et des Transports.”
B. Paper Maps.  With respect to any license granted to Client relating to making, selling or distributing paper maps (i.e., a map fixed on a paper or paper-like medium): (a) such license with respect to Data for the Territory of Great Britain is conditioned on Client’s entering into and complying with a separate written agreement with the Ordnance Survey (“OS”) to create and sell paper maps, Client’s paying to the OS any and all applicable paper map royalties, and Client’s complying with the OS copyright notice requirements; (b) such license for selling or otherwise distributing for charge with respect to Data for the Territory of Czech Republic is conditioned on Client’s obtaining prior written consent from Kartografie a.s.; (c) such license for selling or distributing with respect to Data for the Territory of Switzerland is conditioned on Client’s obtaining a permit from Bundesamt für Landestopografie of Switzerland; (d) Client is restricted from using Data for the Territory of France to create paper maps with a scale between 1:5,000 and 1:250,000; and (e) Client is restricted from using any Data to create, sell or distribute paper maps that are the same or substantially similar, in terms of data content and specific use of color, symbols and scale, to paper maps published by the European national mapping agencies, including without limitation, Landervermessungämter of Germany, Topografische Dienst of the Netherlands, Nationaal Geografisch Instituut of Belgium, Bundesamt für Landestopografie of Switzerland, Bundesamt für Eich-und Vermessungswesen of Austria, and the National Land Survey of Sweden.
C. OS Enforcement.  Without limiting Section IV(B) above, with respect to Data for the Territory of Great Britain, Client acknowledges and agrees that the Ordnance Survey (“OS”) may bring a direct action against Client to enforce compliance with the OS copyright notice (see Section IV(D) below) and paper map requirements (see Section IV(B) above) contained in this Agreement.
D. Third Party Notices.  Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy:
Country(ies) Notice
Austria “© Bundesamt f(r Eich- und Vermessungswesen”
Croatia, Cyprus, Estonia, Latvia, “© EuroGeographics”
Lithuania, Moldova, Poland, Slovenia
and/or Ukraine
France “source: © IGN 2009 – BD TOPO ®”
Germany “Die Grundlagendaten wurden mit Genehmigung der zust(ndigen Beh(rden entnommen” or “Die Grundlagendaten wurden mit Genehmigung der zustaendigen Behoerden entnommen.”
Great Britain “Contains Ordnance Survey data © Crown copyright and database right 2010
Contains Royal Mail data © Royal Mail copyright and database right 2010”
Greece “Copyright Geomatics Ltd.”
Hungary “Copyright © 2003; Top-Map Ltd.”
Italy “La Banca Dati Italiana è stata prodotta usando quale riferimento anche cartografia numerica ed al tratto prodotta e fornita dalla Regione Toscana.”
Norway “Copyright © 2000; Norwegian Mapping Authority”
Portugal “Source: IgeoE – Portugal”
Spain “Información geográfica propiedad del CNIG”
Sweden “Based upon electronic data S National Land Survey Sweden.”
Switzerland “Topografische Grundlage:   Bundesamt f(r Landestopographie.
E. Respective Country Distribution. Client acknowledges that HERE has not received approvals to distribute map data for the following countries in such respective countries: Albania, Belarus, Kyrgyzstan, Moldova and Uzbekistan. HERE may update such list from time to time.  The license rights granted to Client under this TL with respect to the Data for such countries are contingent upon Client’s compliance with all applicable laws and regulations, including, without limitation, any required licenses or approvals to distribute the Application incorporating such Data in such respective countries.

VI. Australia Territory
A. Third Party Notices. Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy:
Copyright. Based on data provided under license from PSMA Australia Limited (www.psma.com.au).
Product incorporates data which is © 20XX Telstra Corporation Limited, GM Holden Limited, Intelematics Australia Pty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. In addition to the foregoing, the End-User Terms for any Application containing RDS-TMC Traffic Codes for Australia shall contain the following notice: “Product incorporates traffic location codes which is © 20XX Telstra Corporation Limited and its licensors.”

9.2 [For use in People’s Republic of China] - End User Terms Required by NAV2 (Shanghai) Co., Ltd

The data (“Data”) is provided for your personal, internal use only and not for resale.  It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and Telenav (“Telenav”) and its licensors (including their licensors and suppliers) on the other hand.

© 2014 NAV2 [Insert any applicable copyright notices as required for the China Data being used].  All rights reserved.

TERMS AND CONDITIONS
Personal Use Only.  You agree to use this Data together with Client for the solely personal, non-commercial purposes 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 Client , 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.

Limited Warranty. Client warrants that (a) the Data will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any support services provided by Client shall be substantially as described in applicable written materials provided to you by Client, and Client support engineers will make commercially reasonable efforts to solve any problem issues.

Customer Remedies Client and its suppliers’ entire liability and your exclusive remedy shall be, at Client sole discretion, either (a) return of the price paid, if any, or (b) repair or replacement of the Data that do not meet Client Limited Warranty and that are returned to Client with a copy of your receipt. This Limited Warranty is void if failure of the Data has resulted from accident, abuse, or misapplication. Any replacement Data will be warranted for the remainder of the original warranty period or thirty (30) days, which ever is longer. Neither these remedies nor any product support services offered by Client are available without proof of purchase from an authorized international source.

No Other Warranty:   EXCEPT FOR THE LMITED WARRANTY SET FORTH ABOVE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, Client AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP OR NON-INFRINGEMENT. Certain warranty exclusions may not be permitted under applicable law, so to that extent the above exclusion may not apply to you.

Limited Liability:  TO THE EXTENT PERMITTED BY APPLICABLE LAW, Client 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 INFROMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF Client OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL Client OR ITS SUPPLIERS’LIABILITY HEREUNDER EXCEED THE PRICE PAID. Certain liability exclusions may not be permitted under applicable law, so to that extent the above exclusion 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.

IP Protection. The Data are owned by NAV2 or its suppliers and are protected by applicable copyright and other intellectual property law and treaties. The Data are provided solely on the basis of a license to use, not sale.

Disclaimer of Endorsement:  Reference to any products, services, processes, hypertext links to third parties or other Data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship, or recommendation by Client or its licensors.  Product and service information are the sole responsibility of each individual vendor.  The TeleNav, Inc name and logo, the [insert whatever application is involved – Track/GPS, Shotgun] trademarks and logos, and other trademarks and trade names owned by TeleNav, Inc may not be used in any commercial manner without the prior written consent of TeleNav, Inc.

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

Entire Agreement.  These terms and conditions constitute the entire agreement between Client(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 People’s Republic of China, 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 China for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.

Telenav appreciates the importance of the use of open source, and is dedicated to contributing back to the open source community. In the course of development for our products and in connection with such products, we utilize certain software from the open source community subject to the applicable open source licenses. We believe that the use of open source within our products allows us to create better products for our customers. As we work with open source software, we continue to contribute back to the open source community.

The chart below summarizes the open source that we may utilize within our products and information pertaining to such open source projects.

Open Source Projects:

Open Source
Product / Component
Product
Version
License Used In
ADAPTIVE Communication Environment (ACE) http://www.cs.wustl.edu/~schmidt/ACE-copying.html • Automotive
AFNetworking https://github.com/AFNetworking/AFNetworking/blob/master/LICENSE • iPhone
• Clients
AndroidSlidingUpPanel https://github.com/umano/AndroidSlidingUpPanel/blob/master/LICENSE.txt • Clients
ASIHTTPRequest https://github.com/pokeb/asi-http-request/blob/master/LICENSE • iPhone
• Clients
ASN1C https://github.com/vlm/asn1c • iPhone
• Clients
Boost 1.44.0 http://www.boost.org/ • Automotive
c-generic-library http://code.google.com/p/c-generic-library/ • Automotive
cJSON 01-23-10 http://sourceforge.net/projects/cjson/ • Automotive
commons-codec-1.7.jar Apache Commons Codec 1.7 http://commons.apache.org/proper/commons-codec/ • Automotive
commons-collections4-4.0.jar Apache Commons Collections 4.0 https://commons.apache.org/proper/commons-collections/ • Automotive
commons-configuration-1.8.jar Apache Commons Configuration 1.8 http://commons.apache.org/proper/commons-configuration/ • Automotive
commons-csv-1.0.jar Apache Commons CSV 1.0 http://commons.apache.org/proper/commons-csv/ • Automotive
commons-dbcp-1.4.jar Apache Commons DBCP 1.4 http://commons.apache.org/proper/commons-dbcp/ • Automotive
commons-io-2.4.jar Apache Commons IO 2.4 http://commons.apache.org/proper/commons-io/ • Automotive
commons-lang-2.6.jar Apache Commons Lang http://commons.apache.org/proper/commons-lang/ • Automotive
commons-logging-1.1.3.jar Apache Commons Logging 1.1.3 http://commons.apache.org/proper/commons-logging/ • Automotive
commons-pool-1.4.jar Apache Commons Pool 1.4 http://commons.apache.org/proper/commons-pool/ • Automotive
concurrentlinkedhashmap-lru-1.1.jar concurrentlinkedhashmap 1.1 https://github.com/ben-manes/concurrentlinkedhashmap • Automotive
Crashlytics http://try.crashlytics.com/terms/ • iPhone
• Clients
cURL MIT License • TeleNav GPS Navigator 7.x
• Automotive
DDPageControl https://github.com/ddeville/DDPageControl/blob/master/LICENSE • iPhone
• Clients
EASTL library https://github.com/electronicarts/EASTL/blob/master/LICENSE • Automotive
• Clients
Eigen 3.1.2 Telenav uses a modified form of Eigen 3.1.2. Both Eigen 3.1.2 and the Telenav modifications thereto are licensed under the MPL2 (http://www.mozilla.org/MPL/2.0/). Eigen 3.1.2 source code may be found at eigen.tuxfamily.org Telenav's modifications in source code form may be found here. • Automotive
• Clients
FMDB https://github.com/ccgus/fmdb/commit/7ffd84d76b3b3b6858fbad063451a76b3dfc145a • iPhone
• Clients
freetype 2.4.8 http://freetype.sourceforge.net/FTL.TXT • Linux clients
• Automotive
geo-0.7.1.jar Geo 0.7.1 https://github.com/davidmoten/geo • Automotive
Geos 2.1 http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html • Automotive
glog http://www.opensource.org/licenses/bsd-license.php • All Clients
grumpy-core-0.2.2.jar Grumpy 0.2.2 https://github.com/davidmoten/grumpy • Automotive
gson-2.2.4.jar Gson 2.2.4 https://github.com/google/gson • Automotive
gtest 1.6.0 http://www.opensource.org/licenses/bsd- license.php • Internal testing
httpclient-4.0.1.jar HttpClient 4.0.1 http://hc.apache.org/index.html • Automotive
httpcore-4.0.1.jar HttpCore 4.0.1 http://hc.apache.org/index.html • Automotive
icu4j-49.1.jar ICU4J 49.1 http://site.icu-project.org/ • Automotive
InAppSettingsKit http://www.inappsettingskit.com/ • iPhone
• Clients
iOS Facebook http://www.apache.org/licenses/LICENSE-2.0 • Clients
Javascript library http://www.mozilla.org/MPL/MPL-1.1.html • Clients
JPEG BSD License • TeleNav GPS Navigator 7.x
• Automotive
JSON http://www.json.org/license.html • TeleNav GPS Navigator 7.x
libasound.so.2 Neutrino Core OS http://www.qnx.com/download/feature.html?programid=23675
http://support7.qnx.com/download/download/23675/TPLTL.v2.14.Jun13-12.pdf
• Automotive
libcpp.so.4 Neutrino Core OS http://www.qnx.com/download/feature.html?programid=23675
http://support7.qnx.com/download/download/23675/TPLTL.v2.14.Jun13-12.pdf
• Automotive
libEGL.so.1 Core Graphics http://www.qnx.com/download/feature.html?programid=23675
http://support7.qnx.com/download/download/27445/TPLTL.v2.14a.Jan22-16.pdf
• Automotive
libgflag.a gflags https://github.com/google/glog/blob/master/COPYING • Automotive
libGLESv2.so.1 Core Graphics http://www.qnx.com/download/feature.html?programid=23675
http://support7.qnx.com/download/download/27445/TPLTL.v2.14a.Jan22-16.pdf
• Automotive
libglog.a glog https://github.com/google/glog/blob/master/COPYING • Automotive
libm.so.2 Neutrino Core OS http://www.qnx.com/download/feature.html?programid=23675
http://support7.qnx.com/download/download/23675/TPLTL.v2.14.Jun13-12.pdf
• Automotive
libqnx.so Qt 4.8.1 Telenav uses a modified form of libQtGui.so.4. Both libQtGui.so.4 and the Telenav modifications thereto are licensed under the LGPL 2.1. (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html). libQtGui.so.4 source code may be found http://download.qt.io/archive/qt/4.8/4.8.1/. Telenav's modifications in source code form may be found here. • Automotive
libQtCore.so.4 Qt 4.8.1 Telenav uses a modified and unmodified form of libQtCore.so.4. Both libQtCore.so.4 and the Telenav modifications thereto are licensed under the LGPL 2.1. (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html). libQtCore.so.4 source code may be found http://download.qt.io/archive/qt/4.8/4.8.1/. Telenav's modifications in source code form may be found here. • Automotive
libQtGui.so.4 Qt 4.8.1 Telenav uses modified forms of libQtGui.so.4. Both libQtGui.so.4 and the Telenav modifications thereto are licensed under the LGPL 2.1. (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html). libQtGui.so.4 source code may be found at http://download.qt.io/archive/qt/4.8/4.8.1/. Telenav's modifications in source code form may be found here and here. • Automotive
libQtNetwork.so.4 Qt 4.8.1 Telenav uses modified forms of libQtNetwork.so.4. Both libQtNetwork.so.4 and the Telenav modifications thereto are licensed under the LGPL 2.1. (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html). libQtNetwork.so.4 source code may be found at http://download.qt.io/archive/qt/4.8/4.8.1/. Telenav's modifications in source code form may be found here. • Automotive
libQtOpenGL.so.4 Qt 4.8.1 Telenav uses modified forms of libQtOpenGL.so.4. Both libQtOpenGL.so.4 and the Telenav modifications thereto are licensed under the LGPL 2.1. (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html). libQtOpenGL.so.4 source code may be found at http://download.qt.io/archive/qt/4.8/4.8.1/. Telenav's modifications in source code form may be found here. • Automotive
libQtXmlPatterns.so.4 Qt 4.8.1 Telenav uses modified forms of libQtXmlPatterns.so.4. Both libQtXmlPatterns.so.4 and the Telenav modifications thereto are licensed under the LGPL 2.1. (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html). libQtXmlPatterns.so.4 source code may be found at http://download.qt.io/archive/qt/4.8/4.8.1/. Telenav's modifications in source code form may be found here. • Automotive
libsocket.so.3 Networking Technology http://www.qnx.com/download/feature.html?programid=23675
http://support7.qnx.com/download/download/23675/TPLTL.v2.14.Jun13-12.pdf
• Automotive
log4j-1.2.17.jar Apache log4j 1.2.17 http://logging.apache.org/log4j/1.2/ • Automotive
lucene-analyzers-common-4.5.0.jar Apache Lucene 4.5 http://lucene.apache.org/ • Automotive
lucene-analyzers-icu-4.5.0.jar Apache Lucene 4.5 http://lucene.apache.org/ • Automotive
lucene-analyzers-phonetic-4.5.0.jar Apache Lucene 4.5 http://lucene.apache.org/ • Automotive
lucene-analyzers-smartcn-4.5.0.jar Apache Lucene 4.5 http://lucene.apache.org/ • Automotive
lucene-analyzers-stempel-4.5.0.jar Apache Lucene 4.5 http://lucene.apache.org/ • Automotive
lucene-core-4.5.0.jar Apache Lucene 4.5 http://lucene.apache.org/ • Automotive
lucene-queries-4.5.0.jar Apache Lucene 4.5 http://lucene.apache.org/ • Automotive
lucene-queryparser-4.5.0.jar Apache Lucene 4.5 http://lucene.apache.org/ • Automotive
lucene-spatial-4.5.0.jar Apache Lucene 4.5 http://lucene.apache.org/ • Automotive
lucene-suggest-4.5.0.jar Apache Lucene 4.5 http://lucene.apache.org/ • Automotive
MarqueeLabel https://github.com/cbpowell/MarqueeLabel/blob/master/LICENSE • Clients
MD 5 hash tool https://github.com/Azure/azure-mobile-apps-net-files-client/blob/master/LICENSE.txt • Client
Microsoft Visual Studio 2005/8 runtime libraries http://download.microsoft.com/documents/useterms/Visual%20Studio_2008$%20Professional%20Edition_English_473a7e16-65dc-4cfb-8f44-ebdd93cb1d3d.pdf • Automotive
mockcpp V2.6 http://www.gnu.org/licenses/lgpl.html • Internal Testing
OHAttributed Label https://github.com/AliSoftware/OHAttributedLabel/blob/master/LICENSE • iPhone
• Clients
opennlp-maxent-1.5.3.jar Apache OpenNLP 1.5.3 http://opennlp.apache.org/index.html • Automotive
opennlp-tools-1.5.3.jar Apache OpenNLP 1.5.3 http://opennlp.apache.org/index.html • Automotive
OpenSSL http://www.openssl.org/source/license.html • Automotive
• iPhone
• Clients
PhoneGap 0.9.3 http://www.phonegap.com/about/license/ • TeleNav GPS Navigator 7.x
PNG http://www.libpng.org/pub/png/src/libpng-LICENSE.txt • Automotive
protobuf http://www.opensource.org/licenses/bsd-license.php • TeleNav GPS Navigator 7.x
protobuf-net r640 https://code.google.com/p/protobuf-net/downloads/detail?name=protobuf-net%20r640.zip&can=2&q= • Clients
protobuf-objc https://github.com/alexeyxo/protobuf-objc/blob/master/src/runtime/Classes/AbstractMessage.h • Clients
Protocol Buffers 2.3.0 http://opensource.org/licenses/BSD-3-Clause • Automotive
QT 1.1.4 http://qt.nokia.com/products/licensing/ • Test frameworks
Quattroshapes https://github.com/foursquare/quattroshapes/blob/master/LICENSE.md • Clients
• Website
REFrostedViewController https://github.com/romaonthego/REFrostedViewController/blob/master/LICENSE • Clients
SBJson http://superloopy.io/json-framework/ • iPhone
• Clients
SBJSON V3.0.4 http://www.opensource.org/licenses/bsd-license.php • iPhone
• Clients
SGI SI GLU 2.0 http://oss.sgi.com/projects/FreeB/SGIFreeSWLicB.2.0.pdf • Automotive
SlidingMenu https://github.com/jfeinstein10/SlidingMenu/blob/master/LICENSE.txt • Client
spatial4j-0.4.jar Spatial4J 0.4 https://github.com/locationtech/spatial4j • Automotive
speex http://www.xiph.org/licenses/bsd/speex/ • TeleNav Navigator
• Hybrid clients
sqlite V3.7.9 http://www.sqlite.org/copyright.html • Clients
• Automotive
sqlite-jdbc-3.8.7.jar Sqlite JDBC 3.8.7 https://github.com/xerial/sqlite-jdbc • Automotive
Stemmer – Snowball http://opensource.org/licenses/bsd-license.html • Automotive
Tapjoy https://www.tapjoy.com/sdk/license • iPhone
• Clients
threadpool http://threadpool.sourceforge.net/license.html • Clients
Tinyxml http://www.grinninglizard.com/tinyxmldocs/index.html • Clients
• Automotive
TMCache https://github.com/tumblr/TMCache/blob/master/LICENSE.txt • iPhone
• Clients
VerifyStoreReceiptiOS https://github.com/rmaddy/VerifyStoreReceiptiOS/blob/master/LICENSE • iOS Clients
WriteableBitmapEx 1.0.5 http://writeablebitmapex.codeplex.com/license • Clients
zlib 1.2.5 http://www.gzip.org/zlib/zlib_license.html • Clients
• Automotive

Telenav Open Source Statement last updated as of January 20, 2015.

Versión Número de expediente aprobación IGN Errata
Mapa Here 17.Q1 EX – 2018 – 06581507 – APN – DGA#IGN Yes
18.Q1 EX – 2018 – 64094847 – APN – DGA#IGN Yes
19.Q1