END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE HERE DATABASE.
NOTICE TO THE USER
THIS IS A LICENSE AGREEMENT - AND NOT AN AGREEMENT FOR SALE – BETWEEN YOU AND HERE EUROPE B.V. (“HERE”) FOR YOUR COPY OF THE HERE NAVIGABLE MAP DATABASE, INCLUDING ASSOCIATED COMPUTER SOFTWARE, MEDIA AND EXPLANATORY PRINTED DOCUMENTATION PUBLISHED BY HERE (JOINTLY ”THE DATABASE”). BY USING THE DATABASE, YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (”AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE DATABASE, ALONG WITH ALL OTHER ACCOMPANYING ITEMS, TO YOUR SUPPLIER FOR A REFUND.
The Database and the copyrights and intellectual property or neighboring rights therein are owned by HERE and its licensors. Ownership of the media on which the Database is contained is retained by HERE and/or your supplier until you have paid in full any amounts due to HERE and/or your supplier pursuant to this Agreement or similar agreement(s) under which the Database is provided to you.
HERE grants you a non-exclusive license to use the Database for your personal use or, if applicable, for use in your business’ internal operations. This license does not include the right to grant sub-licenses.
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 HERE reasonable opportunity to provide said information on reasonable terms, including costs, to be determined by HERE.
The Database includes information provided under license to HERE from third parties and is subject to the supplier terms and copyright notices set forth at the following URL:
TRANSFER OF LICENSE
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 Agreement and confirms this in writing to HERE. Multi-disc sets may only be transferred or sold as a complete set as provided by HERE and not as subset thereof.
HERE 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 HERE’s Criteria for Accuracy and Completeness existing on the date you acquired the Database; these criteria are available from HERE at your request. If the Database does not perform in accordance with this limited warranty, HERE 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 Agreement. This shall be HERE’s entire liability and your sole remedy against HERE. Except as expressly provided in this section, HERE 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. HERE does not warrant that the Database is or will be error free. No oral or written information or advice provided by HERE, 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 Agreement 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 HERE directly, you may have statutory rights against the person from whom you have acquired the Database in addition to the rights granted by HERE hereunder according to the law of your jurisdiction. The above warranty of HERE 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 HERE 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 HERE has been advised of the possibility of such damages. In any event HERE’s 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 AGREEMENT, DO NOT AFFECT OR PREJUDICE YOUR STATUTORY RIGHTS WHERE YOU HAVE ACQUIRED THE DATABASE OTHERWISE THAN IN THE COURSE OF A BUSINESS.
The Database 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. The Database does not include or reflect information on - inter alia - travel time and may not include neighborhood safety; law enforcement; emergency assistance; construction work; road or lane closures; road slope or grade; bridge height, weight or other limits; road conditions; special events depending on the navigation system brand you possess.
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 HERE’ right to bring claims at your then current place of residence.