• Software License and Privacy Notice

    1. Generally.  Navman ("Licensor") is willing to grant the following license (the "License") to use the software, if any, provided with this Software License and Privacy Notice (whether provided separately or associated with a device) (the "Licensed Product") to the original retail purchaser (and, subject to the limitations below, certain transferees) of the Licensed Product or the device upon or with which the Licensed Product was installed or associated as of the time of purchase (the "Customer") only if Customer accepts all of the terms of the License.  PLEASE READ THESE TERMS CAREFULLY.  USING THE SOFTWARE WILL CONSTITUTE CUSTOMER'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE.  PLEASE NOTE THAT THIS LICENSE IS NOT ITSELF A LICENSE TO USE NAVIGATION DATA THAT MAY BE INCLUDED WITH A DEVICE.  NAVIGATION DATA IS COVERED BY A SEPARATE LICENSE AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE LICENSED PRODUCT.  RATHER, RETURN THE LICENSED PRODUCT (AND, IF YOU RECEIVED THE LICENSED PRODUCT INSTALLED ON A DEVICE, RETURN THE DEVICE) PROMPTLY, INCLUDING ALL PACKAGING AND WRITTEN MATERIALS, TO LICENSOR AND LICENSOR WILL REFUND TO CUSTOMER THE ORIGINAL RETAIL PRICE PAID FOR THE PRODUCT (LESS DELIVERY AND HANDLING CHARGES, WHERE PERMITTED).

    2. License Grant.  Licensor grants to Customer a non-exclusive license (without right to transfer, assign, or sublicense except as stated in this License) to use: (a) the Licensed Product (that term being further restricted where the Licensed Product is, or contains, a work of authorship fixed in tangible (including electronic) media to mean the single purchased copy thereof); and (b) the accompanying materials, including any manuals contained in the Licensed Product (the "Materials"), in accordance with the terms and conditions of this License.

    3. Limitations on Use.  Customer will not place, secure, or use, or permit any other person to place, secure, or use, the Licensed Product or any device associated with the Licensed Product, in a manner that limits any user or operator's view, that is likely to distract any user or operator, or that may cause accidents, personal injury, or property damage. Customer, and any user that Customer permits to use the Licensed Product or any associated device, is solely responsible for observing safe driving, operating, and other practices so as to avoid accidents or injury to persons or property.  Certain functionality of the Licensed Product or the device may be dependent upon the use of hardware (sometimes called a "dongle" or "module") or software keys that enable or unlock the functionality.  This License does not permit Customer to use any of such functionality unless Customer has also legitimately bought or otherwise obtained the appropriate dongle, module, or software key.  Each dongle, module, or software key is intended solely to enable the portion of functionality of the Licensed Product or device described in the documentation associated with the dongle, module, or software key and no other functionality.

    4. Intellectual Property Rights.  As between Licensor and Customer, the copyright and all other intellectual property rights in the Licensed Product and Materials (including any enhancements or modifications) are the property of Licensor.  Customer must not rent, lease, reproduce, translate, adapt, vary, reverse-engineer, or modify the Licensed Product or Materials or communicate the same to any person other than in accordance with the terms of this License (or to the extent permitted by mandatory laws).  Customer may not rent or lend the Licensed Product, or reproduce, prepare any derivative work, distribute, perform publicly, display publicly, perform by digital or other transmission, or broadcast the Licensed Product.  Any rights not expressly granted in this License are reserved by Licensor.

    5.  Transfer of License.  Customer may transfer this License to a subsequent transferee of the Licensed Product or the device, if any, upon which the Licensed Product is installed, provided that Customer transfers to the transferee all physical embodiments of the Licensed Product, the device upon which the Licensed Product is installed, if any, and all of the Materials, and retains no copy or part of the Licensed Product or the Materials.  A total of two transfers after original retail purchase are permitted.  Licensor sometimes requires that software and related products be registered in order to receive software keys that enable the operation of the Licensed Product.  This may mean that the transferee will be unable to obtain support in the transferee's own name or that replacement or updated software may fail to function at all, or other than on the device, if any, with which the Licensed Product was originally associated.  Licensor reserves the right to deny technical support and other remedies with regard to the Licensed Product to persons, or in association with transfers, that are not registered with Licensor.  Licensor may charge a reasonable transfer fee in connection with the transfer of this License to a transferee (which transfer fee will not be in excess of 50% of the greater of the original retail purchase price of the Licensed Product or the then-current market price of Licensor's then-current substantially similar software or devices, if any) and Licensor may require reasonable proof that the transfer does not, or will not, violate Licensor's (or Licensor's suppliers') intellectual property or other rights in the Licensed Product, such as (but not limited to) proof of: (a) the transfer of the device or (b) other circumstances necessitating the transfer of this License (such as replacement of the device, if any, upon which the Licensed Product was originally installed or registered or with which the Licensed Product was originally associated).  Licensor will not charge a transfer fee in connection with the transfer of the License where the transfer results from a valid warranty claim or other legally valid claim against Licensor where transfer of the License is made necessary by Licensor's repair or replacement of a consumer good and Customer provides reasonable proof thereof (such as the repair or replacement documentation that Licensor sends with the repaired or replaced consumer good).

    6. Copying.  Customer may not copy the Licensed Product or Materials except that one copy of any separate software component of the Licensed Product may be made to the extent that such copying is necessary for Customer's own backup purposes.

    7. Liability

    7.1  Interpretation.  In this Section 7: (a) "Australian Consumer Law" has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Commonwealth of Australia); (b) "Consumer" has the meaning given to that term in section 3 of the Australian Consumer Law, or section 2 of the New Zealand Consumer Guarantees Act 1993, as the context requires; and (c) "PDH Goods or Services" means goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.

    7.2  Consumer Guarantees.  Under the Australian Consumer Law (and other similar legislation of Australian states and territories) and the New Zealand Consumer Guarantees Act 1993, certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ("Consumer Guarantees"). Where you as a Consumer acquire goods and services under this Licence from Licensor:

    (a) in Australia or New Zealand, where the goods or services are PDH Goods or Services, the operation of the applicable Consumer Guarantees cannot be, and are not in this Licence, excluded, restricted or modified;

    (b) in Australia (or Consumer Guarantees are otherwise conferred in relation to those goods and services by Australian law), where the goods or services are not PDH Goods or Services, Licensor limits its liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to (at Licensor's option): (i) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied; or

    (c) in New Zealand (and paragraph (b) above does not apply), where the goods or services are not PDH Goods or Services or you are acquiring them for the purposes of a business, then you acknowledge and agree that the New Zealand Consumer Guarantees Act 1993 does not apply, 

    and Licensor does not exclude or limit the operation of the Consumer Guarantees under any other provision of this Licence or in any other manner and you agree it is fair and reasonable in all the circumstances for Licensor's liability to be so limited.

    To the extent permitted by law, Licensor excludes from this Licence all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee, implied term or right conferred under any legislation (including the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993, the exclusion of which would contravene legislation or cause part or all of this clause to be void.

    7.3.  Limitation of Liability.  TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 7.2: (A) THE LICENSOR WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UNDER THE LAW OF TORT, CONTRACT, OR OTHERWISE FOR ANY LOSS OF PROFITS OR LOSS OF DATA OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, HOWEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE; (B) THE LICENSOR'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY PAID AT RETAIL BY THE CUSTOMER FOR THE LICENSED PRODUCT; and (C)  WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY OR DISCLAIMER CONTAINED IN THIS SOFTWARE LICENSE AND PRIVACY NOTICE, ALL LIMITATIONS AND DISCLAIMERS CONTAINED IN THE PRODUCT WARRANTY OR ANY LIMITED WARRANTY FOR ANY PRODUCT SOLD IN CONNECTION WITH THE LICENSED PRODUCT ALSO APPLY TO THIS LICENCE.

    8. Termination.  Licensor may, in addition to any other remedies available to Licensor, terminate this License immediately if Customer breaches any of its obligations under this License.

    9.  Privacy Notice.  The Licensed Product (itself or in combination with one or more goods, services, or software programs) may, by its nature and function, create, contain, receive, store, or transmit information that, either alone or in combination with other information, could identify a person, establish a person's whereabouts, reveal the nature or type of places that a person visits or in which a person is interested, or identify a person's movements, habits, and other information about a person ("Location Information").  Except in the case of SmartGPS below, it is Licensor's policy not to collect Location Information, or to provide Location Information to unaffiliated third parties or persons who are not agents or service providers of Licensor, without first receiving the consent of Customer (such as where Customer subscribes to, or directly or indirectly requests, location-based or similar services from Licensor or a third party).  Notwithstanding this clause 9, if, and to the extent that, a court order, subpoena, or rule of law requires that Licensor disclose Location Information to a third party, Licensor reserves the right to comply with such court order, subpoena, or rule of law.

    10.  SmartGPS. If the Customer accesses the SmartGPS feature (or a similar feature) of the Licensed Product, including from a website or mobile device, SmartGPS may collect personal information about the Customer, such as the Customer’s name, address, contact information, date of birth, credit card details, location data, or device data, internet protocol address amongst other details (“Personal Information”). The Licensor will use this information to fulfil the Customer’s requests for products and services, for communication, to offer products or services related to the Customer’s interests and preferences and to assist the Licensor in its development of products and services. Information may be provided to third party service providers (including in different countries to that in which the Customer is based) to enable the Licensor deliver programs, products, information and services and to maintain the Licensor’s websites, mailing lists and other services, but the Personal Information will not be commercialised in any form. The third parties that data is provided to may include social media providers if the Customer has linked the SmartGPS feature to a social media account. Personal Information will not be transferred to third parties that are not acting on behalf of the Licensor without the Customer’s consent unless required by law or for the purposes disclosed in this Section 10. The Customer may choose not to provide Personal Information to the Licensor, but this may cause certain features of SmartGPS to be unavailable.

    11.  Information Storage and Access: Any Location Information or Personal Information that is collected in connection with this Licence will be collected and held by CloudMade Inc., 1370 Willow Road, Menlo Park, CA 94025, USA, MiTAC Australia Pty Ltd, Suite 2, 408 Victoria Road, Gladesville, NSW 2111, Australia and/or Navman Technology NZ Limited, 7-11 Kawana Street, Northcote, New Zealand. The Licensor will take reasonable steps to secure any Location Information or Personal Information about the Customer. The Customer may request to see a copy of the Location Information or Personal Information held by the Licensor about the Customer, and can request corrections to be made to the Location Information or Personal Information. Licensor's privacy policy contains information about how a Customer may exercise their rights under the foregoing sentence, how a Customer may complain about any breach of privacy laws or applicable codes, and how Navman will deal with such a complaint.

    12.  Product warranty.  The warranty for the Licensed Product is set out in the warranty documentation provided with the Licensed Product or the device on which the Licensed Product is installed, and applies in addition to this licence.

    13. Governing Law and interpretation.   Where the Licensed Product was acquired by the original retail purchaser in Australia, this Licence is governed by the laws of New South Wales, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the term "Navman" refers to MiTAC Australia Pty Ltd of Suite 2, 408 Victoria Road, Gladesville, NSW 2111.  Where the Licensed Product was acquired by the original retail purchaser in New Zealand, this Licence is governed by the laws of New Zealand, the parties submit to the non-exclusive jurisdiction of the courts of New Zealand and the term "Navman" refers to Navman Technology NZ Limited of 7-11 Kawana Street, Northcote, New Zealand.

    Terms and Conditions for the Use of Navigation Data

    If your Navman product contains, receives, or uses navigation data (which includes, but is not limited to, maps, points of interest, and traffic information) ("Data"), the following terms and conditions (the "Terms") will apply to your use of the Data.

    PLEASE READ THESE TERMS CAREFULLY BEFORE YOU OPERATE YOUR NAVMAN PRODUCT.  BY OPERATING THE NAVMAN PRODUCT OR USING THE DATA, DOWNLOADING THE DATA, OR REFRESHING OR UPDATING THE DATA, YOU AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT OPERATE THE NAVMAN PRODUCT AND INSTEAD CONTACT NAVMAN TO ARRANGE A RETURN THE PRODUCT AND A REFUND OF THE PURCHASE PRICE OF THE PRODUCT.

    The Data is licensed, and not sold, to you.  It is protected by copyright and other intellectual property rights. 

    You may use the Data in connection with the product supplied with these Terms (a) as and to the extent used and displayed by the Navman product, (b) according to the user manual supplied with the Navman product, and (c) solely for your own personal, non-commercial purposes.

    1.  Restrictions

    You may use the data for your own personal use only and not for transfer, distribution, or disclosure to third parties or use for the benefit of third parties. You may not use the Data to operate a service bureau or any other use involving the processing of data or performance of services for other persons or enterprises.  If the materials or packaging that come with this product, or the product itself, contains limitations on the number of concurrent users, subscribers, or transactions or similar limitations, you must observe those limitations.  You may use the Data solely with the product provided by Navman.  You may not derive or attempt to derive the structure of the Data.  You may not reproduce, disclose, publish, distribute, reverse-engineer, de-compile, disassemble, or transfer the Data other than as expressly provided in these Terms or to the extent permitted mandatory by laws.  You may not remove or obscure any copyright or trademark notice or similar restrictive legend. You may not use any of the Data to provide competitive information about the provider of the Data to third parties. You acknowledge that the Data is confidential and may contain trade secrets of Navman or the provider of the Data and you agree not to disclose the Data to any third party.  You may not export the Data from the jurisdiction in which you purchased the Navman product without fully complying with all import and export restrictions with regard to the Navman product or the Data.  Except as expressly stated otherwise, you may not use the Data delivered with one Navman product with another Navman product or with any other product other than the Navman product with which the Data was delivered.

    Except where you have been specifically licensed to do so by Navman, you may not (a) use the 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 or handheld computers, pagers, and personal digital assistants or PDAs.

    Your right to use the Data will automatically terminate upon your breach of any of these Terms.

    2.  Liability and Consumer Guarantees

    2.1  Interpretation.  In this Section 2: (a) "Australian Consumer Law" has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Commonwealth of Australia); (b) "Consumer" has the meaning given to that term in section 3 of the Australian Consumer Law, or section 2 of the New Zealand Consumer Guarantees Act 1993, as the context requires; and (c) "PDH Goods or Services" means goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.

    2.2  Consumer Guarantees.  Under the Australian Consumer Law (and other similar legislation of Australian states and territories) and the New Zealand Consumer Guarantees Act 1993, certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ("Consumer Guarantees"). Where you as a Consumer acquire goods and services under these Terms from Navman:

    (a) in Australia or New Zealand, where the goods or services are PDH Goods or Services, the operation of the applicable Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified;

    (b) in Australia (or Consumer Guarantees are otherwise conferred in relation to those goods and services by Australian law), where the goods or services are not PDH Goods or Services, Navman limits its liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to (at Navman's option): (i) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied; or

    (c) in New Zealand (and paragraph (b) above does not apply), where the goods or services are not PDH Goods or Services or you are acquiring them for the purposes of a business, then you acknowledge and agree that the New Zealand Consumer Guarantees Act 1993 does not apply, 

    and Navman does not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for Navman's liability to be so limited.

    To the extent permitted by law, Navman excludes from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee, implied term or right conferred under any legislation (including the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993), the exclusion of which would contravene legislation or cause part or all of this clause to be void.

    2.3. Liability. TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 2.2 ABOVE:

    (a) NEITHER NAVMAN NOR ANY DIRECT OR INDIRECT PROVIDER OF DATA WILL HAVE ANY LIABILITY TO YOU IN CONNECTION WITH THE DATA OR THE USE OF THE DATA, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE AND NEITHER NAVMAN NOR ANY PROVIDER OF DATA WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND IN CONNECTION WITH THE DATA, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHERWISE;

    (b) USE OF THE DATA IS AT YOUR OWN RISK;

    (c) where Navman provides Data or features to you through a Navman product and that Data or those features rely on the provision of data by third party suppliers, Navman reserves the right to change or cease provision of this Data or these features to you at any time without notice if a third party supplier ceases to provide the relevant data to Navman for any reason (and Navman will not be liable to you for any failure to provide Data or features reliant on data from third party suppliers which is not provided to Navman for any reason);

    (d) it is an essential condition of these Terms that you accept and use the Data subject to all limitations of liability contained in these Terms; and 

    (e) these limitations apply even if they cause these Terms or any remedy provided under these Terms to fail of its, or their, essential purpose.

    2.4. Use of Data. THE DATA IS INTENDED AS A REFERENCE TOOL ONLY.  THE DATA MUST NOT TO BE USED AS THE PRIMARY MEANS OF OPERATING A VEHICLE OR OTHER FORM OF TRANSPORTATION.  USE AND INTERPRETATION OF THE DATA IS YOUR RESPONSIBILITY, AS IS COMPLIANCE WITH ROAD SAFETY AND TRAFFIC LAWS.  NEITHER NAVMAN NOR ANY OF ITS PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY THAT USING THE DATA WILL PREVENT LIABILITY UNDER ANY LAW.  You acknowledge and agree that 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.

    3.  Governing Law and Interpretation

    Where the Data is received in Australia, these Terms is governed by the laws of New South Wales, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the term "Navman" refers to MiTAC Australia Pty Ltd.  Where the Data is received in New Zealand, these Terms is governed by the laws of New Zealand, the parties submit to the non-exclusive jurisdiction of the courts of New Zealand and the term "Navman" refers to Navman Technology NZ Limited.

    4.  Compliance with Law

    NEITHER NAVMAN NOR ANY SUPPLIER OR LICENSOR TO NAVMAN CONDONES SPEEDING OR ANY OTHER TYPE OF DRIVING OFFENSE.  NAVMAN PRODUCTS AND THE DATA ARE DESIGNED TO BE USED SOLELY AS AN AID TO SAFER DRIVING.

    IT IS YOUR RESPONSIBILITY TO DRIVE OR OTHERWISE USE THE NAVMAN PRODUCT AND DATA WITHIN GOVERNMENT-SET SPEED LIMITS AND RELEVANT ROAD RULES AT ALL TIMES AND TO DRIVE OR OTHERWISE USE THE NAVMAN PRODUCT AND THE DATA IN A CAREFUL AND SAFETY-CONSCIOUS MANNER.  YOU WILL INDEMNIFY NAVMAN AND ITS SUPPLIERS AND LICENSORS AGAINST ANY THIRD-PARTY CLAIM RESULTING FROM YOUR FAILURE TO DO SO.

    NEITHER NAVMAN NOR ANY SUPPLIER OR LICENSOR OF NAVMAN WILL HAVE ANY LIABILITY FOR FINES OR ANY OTHER PENALTY FOR CONTRAVENTION OF TRAFFIC OF OTHER RELEVANT LAW OR FOR ANY ACCIDENT.

    IN CERTAIN JURISDICTIONS, THE DATA OR CERTAIN USES OF THE DATA MIGHT BE IN CONFLICT WITH LAW.  YOU WILL INDEMNIFY NAVMAN AND ITS SUPPLIERS AND LICENSORS AGAINST ANY CLAIM, SUIT, DAMAGES, OR SANCTION ASSOCIATED WITH ANY POSSESSION OR USE BY YOU OF THE DATA IN VIOLATION OF LAW, except where to do so would contravene legislation (including the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993) or cause part or all of this clause to be void.

    YOU MAY NOT USE ANY OF THE DATA IN A WAY THAT VIOLATES ANY LAW, INCLUDING, BUT NOT LIMITED TO, BY POSSESSING OR USING DATA WITH REGARD TO SPEED CAMERAS OR OTHER TRAFFIC MONITORING OR ENFORCEMENT DEVICES IN A JURISDICTION, OR IN A WAY, THAT VIOLATES APPLICABLE LAW.

    5.  Specific Provisions Pertaining to Data Provided by Certain Third Parties

    If the source of the Data is Tele Atlas, the following terms apply.

    You may not extract the Tele Atlas MultiNet™ data of a certain country or part of a country in any digital, vector-based form.  Tele Atlas (and, to the extent that the Data includes iPC City Map Data, iPC) is a third-party beneficiary of your obligations under these Terms, which means that Tele Atlas (or, as applicable, iPC) can enforce these Terms against you to the same extent that Navman can enforce them against you.  You do not have similar rights as against Tele Atlas (or, as applicable, iPC).

    If the source of the Data is Tele Atlas, the following terms apply to United States Data.

    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 the Data (which is a commercial product) and the Data’s accompanying documentation is restricted in accordance with FAR 12.212 and DFARS 227.7202, and by a license agreement. The contractor/manufacturer is Tele Atlas North America, Inc., 1605 Adams Drive, Menlo Park, CA 94025, (650) 328-3825.  The Licensed Products are ©1984-2003 by Tele Atlas N.V. and 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 Products are 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 agree to protect the Data from public disclosure and to consider the Data exempt from any statute, law, regulation, or code, including any “sunshine act,” “public records act,” the Freedom of Information Act, or equivalent law that permits public access to, or reproduction or use of, the Data.  In the event that such exemption is challenged under any such laws, these Terms shall be considered breached and any and all right to retain any copies or to use of the Data shall be terminated and considered immediately null and void.  Any copies of the Data 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, your right to use the Data under these Terms shall be considered terminated and null and void, in its entirety, and any and all copies of the Data shall immediately be destroyed.

    If the source of the Data is Tele Atlas, the following terms apply to Data regarding premium points of interest (“POIs”) in the United States.

    THE PREMIUM POI’S ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT WILL TELE ATLAS'S THIRD PARTY SUPPLIER(S) OF THE PREMIUM POI’S BE LIABLE IN ANY WAY WITH REGARD TO THE PREMIUM POI’S.

    If the source of the Data is Tele Atlas, the following terms apply to Canadian Data.

    You shall prohibit the removal or obscuring of any copyright, trademark or restrictive legend belonging to DMTI Spatial, Inc. 

    Neither DMTI Spatial, Inc. nor Her Majesty the Queen in Right of Canada, nor the Minister of Natural Resources, makes any warranty with regard to the Data, whether express or implied, including but not limited to, the implied warranties of non-infringement, merchantability, completeness, accuracy, and fitness for a particular purpose.

    Neither DMTI Spatial, Inc. nor Her Majesty the Queen in Right of Canada nor the Minister of Natural Resources nor any of their respective officers, employees and agents will have any liability whatsoever in connection with the Data.

    You may not change the attributes or vector geometry of any of the Data.

    You must indemnify DMTI Spatial, Inc., Her Majesty the Queen in Right of Canada, the Minister of Natural Resources, and their respective officers, employees and agents, from and against all claims, demands or actions, irrespective of the nature of the cause of the claim, demand or action alleging loss, costs, expenses, damages or injuries (including injuries resulting from death) arising out of the use of the Data.

    If the source of the Data is Tele Atlas, the following terms apply to Danish Data.

    You may not use the Data to create maps within telephone books, telephone books, or other products similar to telephone books (e.g. directories), including such products in digital form.

    If the source of the Data is Tele Atlas, the following terms apply to Norwegian Data.

    You may not use the Data to create general purpose printed or digital maps that are similar to the basic national products of the Norwegian Mapping Authority.  Any derivative product of the Data pertaining to Norway shall be regarded as similar to the basic national products of the Norwegian Mapping Authority if such derivative product has a regional or national coverage and, at the same time, has a content, scale, and format that are similar to the basic national products of the Norwegian Mapping Authority.

    If the source of the Data is Tele Atlas and the Data includes flashpost/speedcamera information, the following terms apply.

    In certain countries the use of flashpost/speedcamera information might be in conflict with the law or regulations. By using such information, you agrees to indemnify Tele Atlas and its related third-party suppliers of any claims related to such flashpost/speedcamera information. Usage is at your own risk.

    If the source of the Data is Tele Atlas, the following terms apply to Great Britain and Northern Ireland Data.

    "Ordnance Survey" in the following terms means Ordnance Survey (Great Britain) and Ordnance Survey of Northern Ireland. 

    Ordnance Survey makes no warranties of any kind with regard to the Data, whether express or implied, and expressly disclaims any implied warranties of non-infringement, merchantability, completeness, accuracy, and fitness for a particular purpose.  Ordnance Survey makes no warranty and gives no representation that the Data of Great Britain or Northern Ireland is complete, accurate, or up to date and it is an essential condition of these Terms that you accept the Data of Great Britain and Northern Ireland on that basis.

    Ordnance Survey will have no liability whatsoever with regard to the Data of Great Britain or Northern Ireland.

    You may not use any data of Great Britain or Northern Ireland in any printed, published form that results in derivative products to be distributed freely or sold to the public without the prior permission of Ordnance Survey.

    You must indemnify Ordnance Survey from and against all claims, demands, or actions, irrespective of the nature of the cause of the claim, demand or action alleging loss, costs, expenses, damages or injuries (including injuries resulting from death) arising out of the use of the Data of Great Britain or Northern Ireland.

    You must, on request, provide to Ordnance Survey information regarding any products containing or derived from the Data of Great Britain or Northern Ireland.

    You will be liable to Ordnance Survey in the event that you breach any of these terms with regard to the Data of Great Britain or Northern Ireland.

    If the source of the Data is Tele Atlas, the following notices apply.

    For European Data:  Data Source © Tele Atlas"  based on:

    Austria

    © BEV, GZ 1368/2003

    Denmark

    © DAV

    France

    © IGN France (and, in the case of products for Geographic Information Systems, Georoute ©IGN France and, in the case of navigational products, Michelin data © Michelin)

    Great Britain

    This product includes mapping data licensed from Ordnance Survey with the permission of the Controller of Her Majesty's Stationery Office. © Crown copyright or database right. All rights reserved. Licence number 100026920.

    Italy

    © Geonext/DeAgostini

    Northern Ireland

    © Ordnance Survey of Northern Ireland

    Norway

    © Norwegian Mapping Authority, Public Roads Administration / © Mapsolutions.

    Switzerland

    © Swisstopo

    The Netherlands

    Topografische ondergrond Copyright © dienst voor het kadaster en de openbare registers, Apeldoorn

    Turkey

    This data has been approved by Turkish Military Forces by the given authority from Councils of Ministers of Turkey

    For United States and Canada Data:  © Tele Atlas North America, Inc. / Geographic Data Technology, Inc.  All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. / Geographic Data Technology, Inc.  The use of this material is subject to the terms of a license agreement.  You will be held liable for any unauthorized copying or disclosure of this material.

    For Canadian Data:  © DMTI Spatial; Portions of Canadian map data are reproduced under license from Her Majesty the Queen in Right of Canada with permission from Natural Resource Canada.

    If the source of the Data is HERE, the following applies to Data with regard to traffic codes for Belgium.

    Traffic Information is provided by the Ministerie van de Vlaamse Gemeenschap and the Ministèrie de l'Equipement et des Transports.

    If the source of the Data is HERE, the following notices and terms apply.

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

    © 2013 HERE All rights reserved.

    Australia Data:  Copyright.  Based on data provided under license from PSMA Australia Limited (psma.com.au).

    Product incorporates data which is © 2013 Telstra Corporation Limited, Intelematics Australia Pty Ltd, NAVTEQ International LLC.

    Brazil Data:  Conteudo fornecido por MapLink

    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. All rights reserved.

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

    ©United States Postal Service®.  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.

    HERE TERMS AND CONDITIONS

    Personal Use Only.  You agree to use this Data together with a Navman product 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.  Multi-disc sets may only be transferred or sold as a complete set as provided by Navman and not as a subset thereof.

    Restrictions.  Except where you have been specifically licensed to do so by Navman, 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.

    Disclaimer of Liability.  To the extent permitted by law and SUbject to Section 2.2 of the Terms above: (A) the Data is provided to you “as is”, and you agree to use it at your own risk; AND (B) NAVMAN 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 DATA; 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 THE DATA, ANY DEFECT IN THE DATA, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF NAVMAN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    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.  For Data sourced from HERE, only to the extent inconsistent with any other term in these terms and conditions, these terms and conditions constitute the entire agreement between Navman (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, except that Sections 2.1 and 2.2 of the Terms above shall continue to apply.

    Governing Law.  The above terms and conditions shall be governed by the laws of the applicable jurisdiction identified in Section 3 of the above Terms, 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 courts of that jurisdiction for any and all disputes, claims and actions arising from or in connection with the Data sourced from HERE provided to you hereunder.

    Government End Users.  If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, the Data is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with the End-User Terms under which this Data was provided, and each copy of the 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:  425 West Randolph Street, Chicago, Illinois  60606

    This Data is a commercial item as defined in FAR 2.101 and is subject to the End-User Terms under which this Data was provided

    © 1987 - 2013 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.

    Third Party Notices.  Any and all copies of the Data 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

    Austria

    “© Bundesamt für Eich- und Vermessungswesen”

    Croatia, Cyprus, Estonia, Latvia, Lithuania, Moldova, Poland, Slovenia and/or Ukraine

    “© EuroGeographics”

    France

    “source: Géoroute® IGN France & BD Carto® IGN France”

    Germany

    “Die Grundlagendaten wurden mit Genehmigung der zuständigen Behörden entnommen” or “Die Grundlagendaten wurden mit Genehmigung der zustaendigen Behoerden entnommen.”

    Great Britain

    - Until 12/31/05:             “Based on Ordnance Survey electronic data and used with the permission of the Controller of Her Majesty’s Stationary Office Ó Crown Copyright, 1995.”

    - After 12/31/05:             “Based upon Crown Copyright material.”

    Greece

    “Copyright Geomatics Ltd.”

    Hungary

    “Copyright © 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 © Norwegian Mapping Authority”

    Portugal

    “Source: IgeoE – Portugal”

    Spain

    “Información geográfica propiedad del CNIG”

    Sweden

    “Based upon electronic data Ó National Land Survey Sweden.”

    Switzerland

    “Topografische Grundlage:  Ó Bundesamt für Landestopographie.”

    6.  Entire Agreement

    These Terms constitute the entire agreement between Navman (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter of these Terms and these Terms supersede in their entirety any and all written or oral agreements previously existing between you and Navman with respect to such subject matter.