TeleNav 2015 Annual Report Download - page 161

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EX 10.16.31+
The data (“Data”)
is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to
the following terms and conditions which are agreed to by you, on the one hand, and [CLIENT] (“[CLIENT]”)
and its licensors
(including their licensors and suppliers) on the other hand.
© 20XX HERE [Insert any applicable copyright notices as required for the country-specific Data being used]. All rights reserved.
The Data for areas of Canada includes information taken with permission from Canadian authorities, including: ©
Her Majesty the
Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation , GeoBase ®, ©
Department of Natural
Resources Canada.
HERE holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.
©United States Postal Service® 20XX. Prices are not established, controlled or approved by the United States Postal Service®.
The
following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4.
The Data for Mexico includes certain data from Instituto Nacional de Estadística y Geografía.
Terms and Conditions
Personal Use Only . You agree to use this Data together with [insert name of CLIENT’
s authorized Application] for the solely
personal, non-commercial purposes for which you were licensed, and not for service bureau, time-
sharing or other similar purposes.
Accordingly, but subject to the restrictions set forth in the following paragraphs, you agree not to otherwise reproduce, copy,
modify, decompile, disassemble, create any derivative works of, or reverse engineer any portion of this Data, and may not transfer
or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Restrictions
. Except where you have been specifically licensed to do so by [CLIENT], and without limiting the preceding
paragraph, you may not use this Data (a) with any products, systems, or applications installed or otherwise connected to or in
communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or
similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-
connected electronic
or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital
assistants or PDAs.
Warning
. The Data 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.
No Warranty
. This Data is provided to you “as is,”
and you agree to use it at your own risk. [CLIENT] 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 Data, or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty
: [CLIENT] 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
: [CLIENT] 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 [CLIENT] 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.
[*****] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission.
Confidential treatment has been requested with respect to the omitted portions.
PAGE 28 OF
28
EXHIBIT B
END-USER TERMS