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5 End-user licence agreement
0. Definitions
The following terms shall have the meaning defined hereunder in this agreement when used
with capital letters. The text of this agreement may also contain further defined terms.
“Agreement” means this End User Licence Agreement (EULA) containing the terms and
conditions of use of the Software, Databases and Services by You as the end user.
“Database” or “Database Content” means geographically referenced data such as map data,
points of interest (“POI”), 3D models, TMC location tables, phonemes, images, audio or video
files and other data, as well as any data suitable for integration into the Software.
“Device” means the hardware equipment manufactured or distributed by Licensor on which
the Navigation Product is installed.
“Software” means the turn-by-turn navigation software installed on the Device, including the
core engine, other software modules and the graphical user interface, capable of processing
and/or displaying the Databases and the Services. The term Software shall by definition
include any modifications, updates, upgrades thereto.
“Service” means the provision of dynamically changing information that may be provided by-,
displayed by- or transmitted through the Software, for example, but not limited to Traffic
Message Channel (TMC) service, search, weather information and community based
services. Services are usually transmitted online via the Internet, but may be conveyed via
other means (e.g. via radiowaves in case of “RDS TMC” service).
“Navigation Product” means the Software, the Databases and the Services together, as (i)
distributed with the Device by the Licensor or (ii) otherwise installed on the Device.
1. The contracting parties
1.1 This Agreement has been entered into by and between You as the end user (hereinafter:
“User”) and the business entity distributing/selling the Device together with the Navigation
Product, under its own name and/or branding (hereinafter: “Licensor”). This Agreement sets
out the conditions and limitations of use of the Navigation Product. The User and the Licensor
are referred together as: “Parties”.
1.2 User represents and warrants that (i) he/she is not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of
prohibited or restricted parties.
2. Conclusion of the Agreement
2.1 This Agreement is concluded by implicit conduct of the Parties without signing the
Agreement.
2.2 The User hereby acknowledges that following the lawful acquisition of the Navigation
Product constituting the object of this Agreement, any of the following actions of use shall
mean that the User has accepted the terms and conditions of this Agreement as legally
binding: (i) any degree of use, installation onto a computer or other Device (mobile phone,
multi-function device, personal navigation device, in-car navigation or multi function head unit,
etc.), (ii) pressing the “Accept” button displayed by the Navigation Product during installation
or use. The time of conclusion of the present Agreement is the time of executing the first
action of use (commencement of use).
2.3 This Agreement shall by no means authorize the usage of the Navigation Product by
those persons having unlawfully acquired the Navigation Product or having unlawfully
installed it on a Device or in a vehicle.
2.4 U.S. Government Users. If you acquire the Navigation Product 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, you are on notice that the Navigation
