Tele Atlas Conditions of Use

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By accessing this web site you accept this Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND MULTI MEDIA MAPPING LTD ("Provider"). BY ACCESSING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THIS WEB SITE.

1. GRANT OF LICENSE. Provider is an authorized sublicensor of products owned and created by Tele Atlas. Provider grants you a non-transferable, non-exclusive sub-licence to use the map images contained on this web site (the 'Products'), solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Products. You may not rent, disclose, publish, sell assign, lease, sublicense, market, or transfer the Products or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means. You shall not use the Products to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and Tele Atlas retains all, ownership rights in the Products. The Products are copyrighted and may not be copied, even if modified or merged with other Products. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Products.

2. LIMITED WARRANTY AND LIABILITY. The Products are provided to you on an 'AS IS' and 'WITH ALL FAULTS' basis. You assume the entire risk of loss in using the Products. The Products are complex and may contain some nonconformities, defects or errors. Provider does not warrant that the Products will meet your needs or expectations, that operations of the Products will be error free or uninterrupted, or that all nonconformities can or will be corrected. This Limited Warranty is non-transferable.
 
THE EXPRESS WARRANTY IN THIS SECTION 2 IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY PROVIDER. PROVIDER MAKES AND YOU RECEIVE NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OFSATISFACTORY QUALITY, TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. THE STATED EXPRESS WARRANTY IS THE EXCLUSIVE REMEDY FOR DAMAGES AND IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PROVIDER.
 
IN NO EVENT SHALL PROVIDER BE LIABLE IN CONTRACT, TORT, PRE-CONTRACT OR OTHER REPRESENTATIONS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA) IRRESPECTIVE OF WHETHER PROVIDER HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF PROVIDER'S LIMITED WARRANTY OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, OTHER THAN IN RESPECT OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF EITHER PARTY WHICH SHALL NOT BE LIMITED, YOU AGREE THAT MULTIMAP.COM'S LIABILITY IN CONTRACT, TORT, NEGLIGENCE, PRE-CONTRACT OR OTHER REPRESENTATIONS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND EVERY APPLICABLE PART OF IT SHALL NOT EXCEED GBP. 1,000. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any national, federal, state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights. Each provision of this Clause 2 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of this Agreement. 
 

MISCELLANEOUS. This is the exclusive Agreement between Provider and you regarding its subject matter. You may not assign any part of this Agreement without Provider's prior written consent. This Agreement shall be governed by the laws of England. You shall pay any taxes on the Products or transactions, except for those based on Provider's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any notice under this Agreement shall be delivered by certified mail, return receipt requested, or by overnight courier to Provider at the address below. Provider's licensor shall be a third party beneficiary of Provider's rights under this Agreement, but is not a party hereto and shall have no obligation hereunder.

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