Terms of Use
Last Updated: December 23, 2008
Copyright © 2009 MapQuest, Inc. ("MapQuest"). All rights reserved.
Legal Terms of Use
We offer you the services of MapQuest on the condition that you agree to the
following terms:
Acceptance
The following legal terms and conditions govern your use of the maps,
directions, information, materials and documents being made available to you
(the "Materials"). BY SUBMITTING A QUERY OR BY USING THE MATERIALS,
YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES
CONTAINED OR REFERENCED HEREIN (THE "TERMS OF USE"). You are also
signifying your agreement to the Supplemental Terms and Privacy Disclosures for
the MapQuest Wireless Services, the Supplemental Terms and Privacy Disclosures
for My Places (if you register for My Places), the 3d Party Notices and
License terms disclosed below, and to resolve any disputes with us in
Please review these terms carefully. If you do not agree to these Terms of Use
please do not submit a query or use this website or the Materials.
We reserve the right, at our discretion, to update or revise these Terms of Use
at any time. Please check the Terms of Use periodically for changes. Your
continued use of the Materials following the posting of any changes to the
Terms of Use constitutes acceptance of those changes.
Electronic Delivery Policy and Your Consent
By using the Materials, you consent to receive from MapQuest all
communications, including notices, agreements, legally required disclosures or
other information in connection with the Materials (collectively,
"Notices") electronically. MapQuest shall provide such electronic
Notices by posting them on this website. You understand and agree that MapQuest
is an online service and transacts with users like you in electronic form only.
If you desire to withdraw your consent to receive Notices electronically, you
must discontinue your use of the website and the Materials.
Privacy Policy
Click here to review MapQuest's
privacy policy.
Proprietary Rights
You acknowledge and agree that the Materials are
protected by copyright, trademark, patent, trade secret, and other proprietary
rights and laws. For example, MapQuest owns a copyright in the selection,
organization, arrangement and enhancement of the Materials, as well as in the
Materials original to itself. Third parties whose
Materials appear own the copyright in the Materials original to them. The look
and feel of this website, including our color combinations, button shapes, and
other graphical elements, are MapQuest trademarks. No portion of the Materials
or the data contained in the Materials may be reproduced in whole or in part
unless expressly authorized by MapQuest in writing.
The MapQuest name and logo, and all related product and service names, design
marks and slogans are the trademarks or registered trademarks of MapQuest or
AOL LLC. All other product and service marks contained herein are the
trademarks of their respective owners. You may not use any MapQuest or third
party trademarks or logos without the prior written consent of MapQuest or the
applicable trademark owner.
License to and Limitations on Use of Maps, Directions, Cartographic
Technology and Content Information
Provided you comply with these Terms of Use, MapQuest grants you a
nonexclusive, non-transferable license to view and print the Materials solely
for your own personal non-commercial use. You may share a map or directions
with another individual for that individual's personal non-commercial use using
the email option on the webpage. You may not commercially exploit the Materials
or the underlying data, including without limitation, you may not create
derivative works of the Materials, use any data mining, robots, or similar data
gathering and extraction tools on the Materials, frame any portion of the
Materials, or reprint, copy, modify, translate, port, publish, sublicense,
assign, transfer, sell, or otherwise distribute the Materials without the prior
written consent of MapQuest. You shall not derive or attempt to derive the
source code or structure of all or any portion of the Materials by reverse
engineering, disassembly, decompilation or any other
means. You shall not use the Materials to operate a service bureau or for any
other use involving the processing of data of others. You shall use the
Materials and this website for legal purposes only and shall not use them in
any manner that violates the laws of any jurisdiction. You do not receive any,
and MapQuest and its licensors retain all, ownership rights in the Materials.
You may not alter or remove any copyright notice or proprietary legend
contained in or on the Materials. Nothing contained herein shall be construed
as granting you a license under any copyright, trademark, patent or other
intellectual property right of MapQuest or any third party, except for the
right of use license expressly set forth herein.
Your License to MapQuest
Should you provide MapQuest with information including but not limited to
feedback, data, answers, questions, comments, suggestions, plans, ideas or the
like, such information shall be deemed to be nonconfidential
and MapQuest assumes no obligation to protect such information from disclosure.
The submission of such information to MapQuest shall in no way prevent the
purchase, manufacture or use of similar products, services, plans and ideas by
MapQuest for any purpose whatsoever and by such submission you (i) grant to MapQuest the irrevocable right to reproduce,
use, disclose and distribute the information to others without restriction or
compensation required, and (ii) warrant and represent that you own or otherwise
control all of the rights to the information and that public posting and use of
the information by MapQuest will not infringe or violate the rights of any
third party.
Procedure For Making Claims Of Copyright Infringement
If you believe that your work has been copied and is accessible on this website
in a way that constitutes copyright infringement, you may notify MapQuest. Click here
for instructions.
No Warranties
THIS WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MAPQUEST, ITS LICENSORS AND OTHER
SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES THAT THE WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND
ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR
REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT
THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE,
FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED
WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN
BY MAPQUEST, ITS AFFILIATES OR THEIR RESPECTIVE
EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF
ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS
WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Your use of the website and Materials is at YOUR OWN RISK and MapQuest is under
no obligation to provide you with any support, error corrections, updates,
upgrades, bug fixes and/or enhancements of the website and Materials.
Please note that the Materials may include technical inaccuracies or
typographical errors. In addition, you may find that weather, construction
projects, traffic conditions, or other events may cause road conditions to
differ from the listed results. Please obey the rules of the road at all times
and comply with all posted signage.
MapQuest has the right at any time to change, modify, add to or discontinue or
retire any aspect or feature of the website or Materials, including, but not
limited to, the software, content, hours of availability, equipment needed for
access or use, or the availability of the website or Materials on any
particular device or communications service. MapQuest has no obligation to
provide you with notice of any such changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MAPQUEST, ITS PARENT, AFFILIATES, DIRECTORS,
EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR RESELLERS
(COLLECTIVELY, THE "MAPQUEST GROUP") BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE
USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE
MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA,
BUSINESS OPPORTUNITIES, SAVINGS OR PROFITS. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF THE MAPQUEST GROUP HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY
LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU. THE MAPQUEST GROUP'S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE MAPQUEST GROUP BE HELD
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR
ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON
ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR
FROM THIS WEBSITE.
Without limiting the foregoing, under no circumstances shall the MapQuest Group
be held liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic or foreign
courts or tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
Indemnification
Upon a request by MapQuest, you agree to defend, indemnify, and hold harmless
the MapQuest Group from all liabilities, claims, and expenses, including
attorney's fees that arise from your violation of these Terms of Use or your
use or misuse of the Materials or this website. MapQuest reserves the right, at
it own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
with MapQuest in asserting any available defenses.
Disclaimer of Endorsement
Reference herein or on the website to any products, services, processes,
hypertext links to third parties or other information by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply its
endorsement, sponsorship or recommendation by MapQuest. Product and service
information are the sole responsibility of each individual vendor.
International Use
MapQuest makes no representation that the Materials are appropriate or
available for use in locations outside the
Choice Of Law And Forum
These Terms of Use shall be governed by and construed in accordance with the
laws of the
Severability And Integration
These Terms of Use constitute the entire agreement between you and MapQuest
with respect to the Materials and this website. If any part of these Terms of
Use is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in
full force and effect.
Termination
MapQuest reserves the right, in its sole discretion, to terminate your access
to the Materials or to all or part of this website, with or without notice.
For further information, questions or problem reports regarding the Materials
or this website, contact info@mapquest.com.
Supplemental Terms and Privacy Disclosures for MapQuest
Wireless Services.
In addition to the Privacy Policy found at http://about.aol.com/aolnetwork/aol_pp,
MapQuest may offer a variety of mobile and wireless applications that allow you
to get GPS and other geo-location technology assisted navigation instructions,
directions and other location-based services ("MapQuest Wireless
Services"). By using MapQuest Wireless Services, you agree that the
following terms and disclosures apply to you in addition to the Terms of Use
and Privacy Policy (with these additional terms and disclosures taking
precedence over any conflicts among the documents).
Your Use of MapQuest Wireless Services
Disclosures about Location and Other Information.
When you use MapQuest Wireless Services, you provide MapQuest with certain
information about you. Your MapQuest Wireless Services information will be
collected and used in accordance with the AOL Network Privacy Policy, as
supplemented by the following, additional terms. If you elect to use certain
location based services (such as, GPS assisted navigation instruction),
MapQuest must periodically receive your GPS location in order to provide such
GPS services to you. By using MapQuest location based services, you authorize
MapQuest to locate your GPS hardware and to record, compile and display your
location. As part of the MapQuest Wireless Services, MapQuest may also collect
and store certain information about our users, such as, users' wireless mobile
subscriber ISDN numbers and users' network access identifier information. This
information will be used to provide you with the MapQuest Wireless Services.
MapQuest may use third party providers to help operate the MapQuest Wireless
Services and such providers may use the information in accordance with the AOL
Network Privacy Policy. Certain applications of MapQuest Wireless Services may
allow you to adjust your privacy settings; please review any information or FAQ
area that accompanies such application for more details and instructions.
MapQuest may offer you functionality in which you may store your log-in
credentials on your mobile device so that you can be automatically logged in
each time you access MapQuest Wireless Services. You may deactivate the
automatic log in function (if applicable) by using the log-off feature of
MapQuest Wireless Services, as further described at wireless.mapquest.com. You understand
that if someone else obtains access to your mobile device (such as, by theft),
the automatic log-in feature will enable such person to have access to your
MapQuest Wireless Services account. Therefore, in the event your mobile device
is lost or stolen, you agree to assume all responsibility to contact your
wireless carrier immediately to prevent the unauthorized use of your mobile
device. Also, please go to wireless.mapquest.com
for additional information on what steps you can take to prevent the
unauthorized access to your MapQuest Wireless Services account.
Your Responsibilities.
You are responsible for procuring and maintaining at your own expense the
necessary GPS and wireless devices for use with MapQuest Wireless Services. You
agree that you will use MapQuest Wireless Services solely for your own internal
business or personal use and that you will not resell or otherwise attempt to
transfer MapQuest Wireless Services to another person or entity. You may not
use MapQuest Wireless Services for any illegal, unauthorized, unintended,
unsafe, hazardous or unlawful purpose or in any manner that is inconsistent
with these terms of service. You agree to assume full responsibility to drive
safely, observe all traffic rules and use your own personal judgment while
driving. You agree that you will not enter or change information or otherwise
interact with MapQuest Wireless Services while driving. You agree that you will
use your own judgment in whether or not to follow any route suggestions by
MapQuest Wireless Services if you believe that the suggested route instructs
you to perform an unsafe or illegal maneuver or routes you to an area that you
consider unsafe.
Wireless Costs
You acknowledge that when you use MapQuest Wireless
Services, your wireless carrier may charge you standard fees for messaging and
other wireless access and that you, and not MapQuest, will be responsible for
such charges. You agree to check with your carrier to verify whether there are
any such fees that may apply to you. If you subscribe to any messaging services
from MapQuest that use short messaging service features on your wireless
application, you understand and agree that your subscription to such messaging
services will continue until you take affirmative steps to discontinue the
subscription. MapQuest will provide you with instruction on how you can
discontinue any text messaging subscription at wireless.mapquest.com.
Supplemental Disclaimers about MapQuest Wireless Services.
You understand and agree that MapQuest Wireless Services may be supported by
advertising, which may accompany the MapQuest Wireless Services delivered to
you. Certain advertising may be customized based on your location.
MapQuest shall not be responsible for any misuse of MapQuest Wireless Services
while driving. MapQuest cannot guarantee the security of MapQuest Wireless
Services or the transmission of data or information to and from the MapQuest
Wireless Service. MapQuest does not guarantee the accuracy or completeness of
any information provided through MapQuest Wireless Services. You understand and
agree that not all information in the map database used for MapQuest Wireless
Services may be accurate due to situations such as road closures, construction
or weather.
MapQuest Wireless Services may not be available at all geographic locations and
at all times. Temporary interruptions of the MapQuest Wireless Services may
occur from time to time as normal events. YOU ASSUME ALL RISK ARISING OUT OF
YOUR USE OF MAPQUEST WIRELESS SERVICES. IN ADDITION TO THE OTHER DISCLAIMERS
SET FORTH IN THESE TERMS OF SERVICE, IN NO EVENT WILL MAPQUEST, ITS LICENSORS,
SUPPLIERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION
MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION PROVIDED BY MAPQUEST
WIRELESS SERVICES.
Supplemental Terms and Privacy Disclosures
for My Places (previously My MapQuest).
The following
additional terms apply to your use of the
maps, information, materials, services and other features made available to you
through My Places (collectively ?My Places?).YOUR REGISTRATION OR USE OF MY
PLACES SIGNIFIES THAT YOU AGREE ELECTRONICALLY TO ABIDE BY THESE SUPPLEMENTAL
TERMS, in addition to the Terms of Use.
Please review these
terms carefully. If you do not agree to these My Places Terms, please do not
use My Places.
About My Places
My Places is offered for your convenience and for entertainment and informational purposes only. Your use of My Places (including, without limitation, any reliance by you on any results, information or other data provided through My Places) is at your sole risk.
Registration with My Places
You must register with us to use My Places. In order to register, you must be legally capable to enter into contracts, you must provide true and accurate registration information and you must keep this information current. We may require that you use or obtain a user ID authorized by us (such as an AOL screen name) to create your account and to authenticate your access to My Places (?User ID?). You agree to abide by any separate terms and policies that will apply to your registration and use of such User ID. We may deny any registration in our sole discretion.
Your
My Places Responsibilities
- Your My Places account is for your personal use only. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You are responsible for keeping your password confidential.
- You are solely responsible for the content you upload or otherwise provide (including any personal information you choose to submit or share using My Places, such as maps disclosing your home address and the home address of others) and the consequences of sharing or publishing such content with others and/or the general public. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION THAT OCCURS BETWEEN YOU AND ANY OTHER USER OF MY PLACES AND THAT THE ENTIRE RISK FALLS ON YOU. Once you have posted information about yourself or your family members, such as maps locating where you live or work, it may be difficult to control the misuse of such information by others, which could compromise your own privacy. Therefore, consider if there is any information contained in your postings on My Places that you would rather be kept private.
- § Most of the content you'll find on the Internet, including My Places, is subject to copyright protection. Therefore, you agree that you will transmit, post or share only content on My Places that you own or that you have the express permission to use in this manner. Unless otherwise expressly authorized by MapQuest or by law, you will not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of My Places or its content without the express written authorization of MapQuest or the owner of the content.
- You will not violate the privacy rights of others by posting their personal information on My Places, such as name, address, email address, telephone number or map location, without their express, prior consent.
- You will not transmit, post or share content that violates any applicable law, regulation, or the MapQuest Legal Terms of Use.
- You will not use My Places to mine information about others for purposes of sending unsolicited bulk communications (e.g., spam), to violate any applicable law, regulation or these My Places Terms, or to violate the rights of others.
- You acknowledge and agree that we may take any legal or technical remedies as we deem appropriate to prevent the violation of these My Places Terms and to protect our computer network.
Your My
Places representations and license to us
You represent and warrant to
us and to other users of My Places that you own or have the appropriate
rights to post such content on My Places. In order for us to provide the My
Places services to you, you give us a permanent right to display, modify,
use, perform, transmit, distribute, store and copy any content you post or
share on My Places.
No duty to monitor or retain data
We are not liable for content
provided by you or others. We have no duty to monitor or pre-screen content on
My Places. We reserve the right to remove content for any reason, but we are
not responsible for any failure or delay in removing such material. My Places
includes limited online storage of content you submit as a convenience to you;
however, please take note that we are not and will not be responsible for
lost or missing data or content you submit.
MAPQUEST
ADDITIONAL DISCLAIMER; LIMITATION OF LIABILITY.
We incorporate fully by reference the Disclaimer of Warranties and Limitation of Liability provisions of the MapQuest Legal Terms of Use. MY PLACES IS PROVIDED ?AS IS,? WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
3RD PARTY NOTICES AND LICENSES
The following notices and licenses apply to the extent of third party data used
in the Materials. These notices and licenses do not amend, supplement, waive or
otherwise affect any provisions in the Terms of Use applicable to MapQuest or
its affiliates, which take precedence over the following notices and licenses
governing third party data:
GIF Patent: Licensed under
Portions Copyright © 2009 AND Products B.V. and AND
Data Ireland, Ltd. All rights reserved.
Portions Copyright © 2009 Group 1 Software, Inc. (formerly Sagent Technology). All rights reserved.
Portions Copyright © 2009 infoUSA, Inc. All rights
reserved.
Portions Copyright © United States Postal Service® 2009.
All rights reserved. Prices are not established, controlled or approved by the
United States Postal Service® (USPS). The following trademarks and
registrations are owned by the USPS: United States Postal Service, USPS, and
ZIP+4.
Satellite and aerial imagery supplied by i-cubed
information integration & imaging, LLC ("i-cubed")
portions copyright © 2009 i-cubed. All rights
reserved. Portions
Imagery Copyright © 2008 DigitalGlobe. All rights reserved.
Portions Copyright © 2009 MapData Sciences Pty Ltd. PSMA All
rights reserved.
The data used to create mapping images or map based content is copyrighted. Any
unauthorized copying or reproduction of this output is unlawful. It is a
condition of the licence that copying in any form, or
by any means is not permitted. Without in any way limiting the generality of
the above you, or any user of this data shall not copy by any means including
magnetic, digital, rasterizing, scanning, digitizing, dyelining,
any electrostatic method, fax or photocopying. You may not attempt to reverse
engineer any output that would allow the recreation of any digital mapping data
in any way. All enquiries should be directed to MapData
Sciences Pty Ltd at
A detailed Licence Agreement is currently at www.nowwhere.com.au/lic/NowWhereLic1.htm.
MapData Sciences Pty Ltd acknowledges that the
Product was prepared from data the copyright of which is owned by third
parties. A full listing of those third parties is available at http://www.mapds.com.au/legal.asp.
Portions of European Map basis GfK
Portions Copyright © 2009 Urban Mapping, Inc. All
rights reserved.
Traffic Data Copyright © 2009 INRIX, Inc. All rights reserved
Canadian maps are copyrighted 2009 DMTI Spatial Inc., are published
under the trademark name CanMap, and are produced by
DMTI Spatial Inc. under license from Her Majesty the Queen in Right of Canada
with permission from Natural Resources Canada.
DMTI DATA USER LICENSE AGREEMENT
DMTI Spatial Inc. ("DMTI") hereby grants to you a non-exclusive,
non-transferable license to use the CanMap Streetfiles and GeoPinpoint
Software ("Licensed Products") accessible through this website,
subject to the following terms and conditions:
You acknowledge that the Licensed Product(s) belong to DMTI and its third party
supplier, and that the Licensed Product(s) are copyrighted. Unauthorized
copying of the Licensed Product(s), or documentation
is expressly forbidden and you may be held legally responsible for copyright
infringement which is caused or encouraged by your failure to abide by the
terms of this agreement.
You may not reproduce, sell, rent, lease, loan, distribute or sublicense the
Licensed Product or otherwise transfer the Licensed Product(s) to any third
party, use the Licensed Product for commercial purposes, or use the Licensed
Product to create any derived product for any of these prohibited purposes,
except that you may make use of maps generated using the Licensed Products if
generated in connection with the MapQuest website in a manner authorized by the
terms and conditions of such website.
In no event shall DMTI or it's third party supplier(s) be liable to you for any
damages, direct or indirect, including any lost profits, lost savings,
interruption of business, loss of business opportunities or other incidental or
consequential damages, arising out of your possession, use of, or inability to
use the Licensed Product(s), even if DMTI, its third party supplier(s), or any
authorized dealer, has been advised of the possibility of the damages, or for
any claim by any other party.
You shall indemnify and hold DMTI, it's third party supplier(s) and their
officers, employees and agents harmless from and against any claim, demand or
action, irrespective of the nature of the claim, demand or action, alleging
loss, costs, damages, expenses, or injury (including injury from death)
resulting from your authorized or unauthorized use, possession, modification,
or alteration of the Licensed Product(s).
THE LICENSED PRODUCT(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT(S) IS WITH YOU, THE END USER.
NO ORAL OR WRITTEN ADVICE GIVEN BY DMTI OR IT'S DEALERS, DISTRIBUTORS, AGENTS
OR EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES DMTI's
LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
This license will terminate automatically without notice from DMTI if you fail
to comply with any provision of this license agreement. Upon termination, you
shall destroy or return any written materials in connection with the Licensed
Product(s) and all copies made thereof including modified copies, if any.
This license shall be governed by and construed in accordance with the laws of
the
Portions Copyright © 2009 Tele Atlas North America, Inc. (TANA). All rights
reserved. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TANA SHALL HAVE
NO MONETARY LIABILITY TO YOU UNDER OR RELATING TO THESE TERMS OF USE OR TO THE
USE OF TANA DATA.
Tele Atlas MultiNet data of
Tele Atlas MultiNet data of
Tele Atlas MultiNet data of
Based
On:
for Derivative Products for Navigation Units: © IGN France."
for Derivative Products for Geographic Information Systems:
"Georoute © IGN France."
for Derivative Products for navigational products: "Michelin
data © Michelin 2009"
The
MultiNet?
NOTICE
© 2001 - 2009 Tele Atlas Canada, Inc. All rights
reserved. This material is proprietary and the subject of copyright protection
and other intellectual property rights owned or licensed to Tele Atlas Canada,
Inc. Tele Atlas Canada, Inc. is an authorized distributor of selected
Statistics Canada computer files under Agreement number 6776 and is an
authorized distributor of selected Geomatics
Dynamap®/Transportation
NOTICE
© 2001 - 2009 Tele Atlas Canada, Inc. All rights
reserved. This material is proprietary and the subject of copyright protection
and other intellectual property rights owned or licensed to Tele Atlas Canada,
Inc. The product includes information copied with permission from Canadian
authorities, including © Canada Post Corporation and selected Geomatics
END-USER TERMS FOR NAVTEQ
This information is provided for your immediate or near immediate personal use
only. It is protected by copyright, and is further subject to the following
terms and conditions which are agreed to by you, on the one hand, and MapQuest,
Inc. ("MapQuest") and its licensors (including their licensors and
suppliers) on the other hand.
© 2009 NAVTEQ
The map data for areas of
TERMS AND CONDITIONS
Scope of Use: You agree to use this information for solely immediate or
near immediate personal purposes, and not for service bureau, time-sharing or
other similar purposes. Accordingly, but subject to the Restrictions set forth
in the next paragraph, you may copy this information only to (i) view it on your screen, (ii) save a single copy on your
hard drive or disk, (iii) print, fax, e-mail or otherwise instant message it,
provided that you do not remove any copyright notices that appear and do not
modify the information in any way. You may not otherwise reproduce,
copy, modify, decompile, disassemble or reverse engineer any portion of this
information, and may not transfer or distribute it in any form, for any
purpose, except to the extent permitted by mandatory laws.
Restrictions: The information may only be used in the form delivered to
you and may not be subject to any further automated or systematic processing.
You may not use, and shall not authorize any third party to use, this information
to provide, or to enable the provision of, alerts. In
addition, you shall not and shall not authorize any third party to use this
information with or for any devices or systems having a resident geographic
database.
No Warranty: This information is provided to you "as is," and
you agree to use it at your own risk. MapQuest and its licensors (and their
licensors and suppliers, including Her Majesty the Queen in Right of Canada and
Canada Post) make no guarantees, representations or warranties of any kind,
express or implied, arising by law or otherwise, including but not limited to,
content, quality, accuracy, completeness, effectiveness, reliability, fitness
for a particular purpose, usefulness, use or results to be obtained from this
information, or that the information or server will be uninterrupted or
error-free.
Disclaimer of Warranty: MAPQUEST AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF
Disclaimer of Liability: MAPQUEST AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND
CANADA POST) 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 INFORMATION; 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 THIS
INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY,
EVEN IF MAPQUEST OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Some States, Territories and Countries do not allow certain liability
exclusions or damages limitations, so to that extent the above may not apply to
you.
Disclaimer of Endorsement: Reference to any products, services,
processes, hypertext links to third parties or other
information by trade name, trademark, manufacturer, supplier or otherwise does
not necessarily constitute or imply its endorsement, sponsorship or recommendation
by MapQuest or its licensors. Product and service information are the sole
responsibility of each individual vendor. The NAVTEQ name and logo, the NAVTEQ
trademark and logo, and other trademarks and trade names owned by NAVTEQ North
America, LLC or its affiliates may not be used in any commercial manner without
the prior written consent of NAVTEQ.
Export Control: You agree not to export from anywhere any part of the
information 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.
Indemnity: You agree to indemnify, defend and hold MapQuest and its
licensors (including their respective licensors, suppliers, assignees, subsidiaries,
affiliated companies, and the respective officers, directors, employees,
shareholders, agents and representatives of each of them, including Her Majesty
the Queen in Right of Canada, the Minister of Natural Resources of Canada and
Canada Post) free and harmless from and against any liability, loss, injury
(including injuries resulting in death), demand, action, cost, expense, or
claim of any kind or character, including but not limited to attorney's fees,
arising out of or in connection with any use or possession by you of this
information.
Entire Agreement: These terms and conditions constitute the entire
agreement between MapQuest (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.
Governing Law: The above terms and conditions shall be governed by the
laws of the State of
For Canadian data, the
following provisions may apply:
This information contains postal code data copied under license from Canada
Post Corporation. The Canada Post Corporation file from which this data was
copied is dated 2009.
Data may include or reflect data of licensors, including Her Majesty and Canada
Post. Such data is licensed on an "as is" basis. The licensors,
including Her Majesty and Canada Post, make no guarantees, representations or
warranties respecting such data, either express or implied, arising by law or
otherwise, including but not limited to, effectiveness, completeness, accuracy
or fitness for a particular purpose.
The licensors, including Her Majesty and Canada Post, shall not be liable 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. The licensors,
including Her Majesty and Canada Post, shall not be liable in any way for loss
of revenues or contracts, or any other consequential loss of any kind resulting
from any defect in the data.
You shall indemnify and save harmless the licensors, including Her Majesty the
Queen, the Minister of Natural Resources of Canada and Canada Post, and their
officers, employees and agents from and against any claim, demand or action,
irrespective of the nature of the cause of the claim, demand or action, alleging
loss, costs, expenses, damages or injuries (including injuries resulting in
death) arising out of the use or possession of the data.
END-USER TERMS FOR NAVTEQ EUROPEAN DATA:
This information is provided for your immediate or near immediate personal use
only. It is protected by copyright, and is further subject to the following
terms and conditions which are agreed to by you, on the one hand, and MapQuest,
Inc. ("MapQuest") and its licensors (including their licensors and
suppliers) on the other hand.
TERMS AND CONDITIONS
Scope of Use. You agree to use this information for solely immediate or near
immediate personal purposes, and not for service bureau, time-sharing or other
similar purposes. Accordingly, but subject to the Restrictions set forth in the
next paragraph, you may copy this information only as necessary for your
personal use to (i) view it on your screen, (ii) save
a single copy on your hard drive or disk, (iii) print, fax, e-mail or otherwise
instant message it , and (iv) transfer it to a portable computer device,
provided that you do not remove any copyright notices that appear and do not
modify the information in any way. You may not otherwise reproduce,
copy, modify, decompile, disassemble or reverse engineer any portion of this
information, and may not transfer or distribute it in any form, for any
purpose, except to the extent permitted by mandatory laws.
Restrictions. The information may only be used in the
form delivered to you and may not be subject to any further automated or
systematic processing. You may not use, and shall not authorize any third party
to use, this information to provide, or to enable the provision of, alerts. In addition, you shall not and shall not
authorize any third party to use this information with or for any devices or
systems having a resident geographic database.
No Warranty. This information is provided to you "as is," and you
agree to use it at your own risk. MapQuest and its licensors (and their
licensors and suppliers) make no guarantees, representations or warranties of
any kind, express or implied, arising by law or otherwise, including but not
limited to, content, quality, accuracy, completeness, effectiveness,
reliability, fitness for a particular purpose, usefulness, use or results to be
obtained from this information, or that the information or server will be
uninterrupted or error-free.
Disclaimer of Warranty: MAPQUEST AND ITS LICENSORS (INCLUDING THEIR LICENSORS
AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not
allow certain warranty exclusions, so to that extent the above exclusion may
not apply to you.
Disclaimer of Liability: MAPQUEST 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 INFORMATION; 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 THIS
INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY,
EVEN IF MAPQUEST OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Some States, Territories and Countries do not allow certain liability
exclusions or damages limitations, so to that extent the above may not apply to
you.
Disclaimer of Endorsement: Reference to any products, services, processes, hypertext links to third parties or other information by
trade name, trademark, manufacturer, supplier or otherwise does not necessarily
constitute or imply its endorsement, sponsorship or recommendation by MapQuest
or its licensors. Product and service information are the sole responsibility
of each individual vendor. The NAVTEQ name and logo, the NAVTEQ and
Export Control. You agree not to export from anywhere any part of the
information 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.
Indemnity. You agree to indemnify, defend and hold
MapQuest and its licensors (including their respective licensors, suppliers,
assignees, subsidiaries, affiliated companies, and the respective officers,
directors, employees, shareholders, agents and representatives of each of them)
free and harmless from and against any liability, loss, injury (including
injuries resulting in death), demand, action, cost, expense, or claim of any
kind or character, including but not limited to attorney's fees, arising out of
or in connection with any use or possession by you of this information.
Entire Agreement. These terms and conditions
constitute the entire agreement between MapQuest (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.
Governing Law. The above terms and conditions shall be
governed by the laws of the
NAVTEQ's Third Party Notices
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."
Additional Provisions for Government End-Users of NAVTEQ and TANA Data (As
Applicable):
Government End Users: If the data provided by NAVTEQ or TANA is used or
accessed 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, such use or access is subject to the following provisions:
For TANA data: This is a "commercial Item" under FAR 92.1 01
consisting of "commercial computer software" and "commercial
computer software documentation" under FAR 912.212 and DFARS 9227-7202.
Any use, duplication, or disclosure by the United States Government is governed
solely by the terms of the commercial agreement for its usage. Any technical
data customarily provided with the software shall also be governed by the terms
of such commercial agreement pursuant to FAR 912.211. Further, all items or
services ordered and delivered under an agreement with a government entity are
commercial items as defined under Part 12 of the Federal Acquisition Regulation
(FAR). In particular, Licensor agrees to be bound only by those Federal
contracting clauses that apply to "commercial" suppliers and that are
contained in FAR 52.212-5(e)(1) (OCT 2003).
For NAVTEQ data. The NAVTEQ Data (hereinafter
"Data") is a "commercial item" as that term is defined at
48 C.F.R. ("FAR") 2.101, is licensed in accordance with these Terms
of Use, and each copy of 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: NAVTEQ CONTRACTOR
(MANUFACTURER/SUPPLIER) ADDRESS:
These NAVTEQ Data are commercial items as defined in FAR 2.101 and are subject
to the Terms of Use under which this data was provided.
© 2009 NAVTEQ. 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 NAVTEQ prior to seeking additional or alternative rights in the Data.