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OWNERSHIP
The database and the copyrights and intellectual property or neighboring rights therein are
owned by Navigation Technologies or its licensors. Ownership of the media on which the
Database is contained is retained by Navigation Technologies and/or your supplier until after
you have paid in full any amounts due to Navigation Technologies and/or your supplier
pursuant to this EULA or similar agreement(s) under which goods are provided to you.
LICENCE GRANT
Navigation Technologies grants you a non-exclusive licence to use the Database for your
personal use or, if applicable, for use in your business' internal operations. This licence does
not include the right to grant sub-licences.
LIMITATIONS ON USE
The Database is restricted for use in the specific system for which it was created. Except to
the extent explicitly permitted by mandatory laws (e.g. national laws based on the European
Software Directive (91/250) and the Database Directive (96/9)), you may not extract or
reutilize substantial parts of the contents of the Database nor reproduce, copy, modify, adapt,
translate, disassemble, decompile, reverse engineer any portion of the Database. If you wish to
obtain interoperability information as meant in (the national laws based on) the European
Software Directive, you shall grant Navigation Technologies reasonable opportunity to provide
said information on reasonable terms, including costs, to be determined by Navigation
Te chno logi es.
TRANSFER OF LICENCE
You may not transfer the Database to third parties, except when installed in the system for
which it was created or when you do not retain any copy of the Database, and provided that
the transferee agrees to all terms and conditions of this EULA and confirms this in writing to
Navigation Technologies.
LIMITED WARRANTY
Navigation Technologies warrants that, subject to the Warnings set out below, for a period of
12 months after acquisition of your copy of the Database, it will perform substantially in
accordance with Navigation Technologies' Criteria for Accuracy and Completeness existing on
the date you acquired the Database; these criteria are available from Navigation Technologies
at your request. If the Database does not perform in accordance with this limited warranty,
Navigation Technologies will use reasonable efforts to repair or replace your non-conforming
copy of the Database. If these efforts do not lead to performance of the Database in
accordance with the warranties set out herein, you will have the option to either receive a
reasonable refund of the price you paid for the Database or to rescind this EULA. This shall be
Navigation Technologies' entire liability and your sole remedy against Navigation Technologies.
Except as expressly provided in this section, Navigation Technologies does not warrant nor
make any representations regarding the use of results of the use of the database in terms of its
correctness, accuracy, reliability, or otherwise. Navigation Technologies does not warrant that
the Database is or will be error free. No oral or written information or advice provided by
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Navigation Technologies, your supplier or any other person shall create a warranty or in any
way increase the scope of the limited warranty described above. The limited warranty set forth
in this EULA does not affect or prejudice any statutory legal rights that you may have under the
legal warranty against hidden defects.
If you did not acquire the Database from Navigation Technologies directly, you may have
statutory rights against the person from whom you have acquired the Database in addition to
the rights granted by Navigation Technologies hereunder according to the law of your
jurisdiction. The above warranty of Navigation Technologies shall not affect such statutory
rights and you may assert such rights in addition to the warranty rights granted herein.
LIMITATION OF LIABILITY
The price of the Database does not include any consideration for assumption of risk of
consequential, indirect or unlimited direct damages which may arise in connection with your
use of the Database. Accordingly, in no event shall Navigation Technologies be liable for any
consequential or indirect damages, including without limitation, loss of revenue, data, or use,
incurred by you or any third party arising out of your use of the Database, whether in an
action in contract or tort or based on a warranty, even if Navigation Technologies has been
advised of the possibility of such damages. In any event Navigation Technologies' liability for
direct damages is limited to the price of your copy of the Database.
THE LIMITED WARRANTY AND LIMITATION OF LIABILITY, SET FORTH IN THIS EULA,
DO NOT AFFECT OR PREJUDICE YOUR STATUTORY RIGHTS WHERE YOU HAVE
ACQUIRED THE DATABASE OTHERWISE THAN IN THE COURSE OF A BUSINESS.
WARNINGS
The Database reflects reality as existing before you received the Database and it comprises
data and information from government and other sources, which may contain errors and
omissions. Accordingly, the Database may contain inaccurate or incomplete information due to
the passage of time, changing circumstances, and due to the nature of the sources used. The
Database does not include or reflect information on - inter alia - neighborhood safety; law
enforcement; emergency assistance; construction work; road or lane closures; vehicle or
speed restrictions; road slope or grade; bridge height, weight or other limits; road or traffic
conditions; special events; traffic congestion; or travel time.
GOVERNING LAW
This Agreement shall be governed by the laws of the jurisdiction, in which you reside at the
date of acquisition of the Database. Should you at that moment reside outside the European
Union or Switzerland, the law of the jurisdiction within the European Union or Switzerland
where you acquired the Database shall apply. In all other cases, or if the jurisdiction where you
acquired the Database cannot be defined, the laws of the Netherlands shall apply. The courts
competent at your place of residence at the time you acquired the Database shall have
jurisdiction over any dispute arising out of, or relating to this Agreement, without prejudice to
Navigation Technologies' right to bring claims at your then current place of residence.