The data ("NAVTEQ Data") provided is 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 Oracle America, Inc. ("[LICENSEE]") and its licensors (including their licensors and suppliers) on the other hand. (C) 2006 NAVTEQ All rights reserved.
THIS DATA INCLUDES INFORMATION TAKEN WITH PERMISSION FROM CANADIAN AUTHORITIES, INCLUDING (C) HER MAJESTY, (C) QUEEN'S PRINTER FOR ONTARIO, (C) CANADA POST, GEOBASE(R).
THE LICENSED 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 OR THE LICENSED 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 OR THE LICENSED DATA.
End User 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 or the NT Technology.
In the event that the Data is used to present map displays on web pages, the map display shall include, or shall include a link to a web page including (provided, however, that with respect to the coverage area of France, if NT's supplier requires the Notice to be on the map display , then you shall comply with such requirements within a commercially reasonable period of time following written notice), the respective Third Party Notices set forth below and used as described below corresponding to the coverage area (or portion thereof) included in such map display:
Austria "(C) Bundesamt fur Eich- und Vermessungswesen"
Croatia, Cyprus, Estonia, Latvia, "(C) EuroGeographics"
Lithuania, Moldova, Poland,
Slovenia and/or Ukraine France THE FOLLOWING MUST APPEAR ON ALL RESULTS FOR THE COVERAGE AREA OF FRANCE: "source: Georoute(R) IGN France & BD Carto(R) IGN France"
Germany "Die Grundlagendaten wurden mit Genehmigung der zustandigen Behorden entnommen" or "Die Grundlagendaten wurden mit Genehmigung der zustaendigen Behoerden entnommen."
Great Britain - Until 12/31/05: "Based on Ordnance Survey electronic data and used with the permission of the Controller of Her Majesty's Stationary Office (C) Crown Copyright, 1995." - After 12/31/05: "Based upon Crown Copyright material."
Greece "Copyright Geomatics Ltd."
Hungary "Copyright (C) 2003; Top-Map Ltd."
Italy "La Banca Dati Italiana e stata prodotta usando quale riferimento anche cartografia numerica ed al tratto prodotta e fornita dalla Regione Toscana."
Norway "Copyright (C) 2000; Norwegian Mapping Authority"
Portugal "Source: IgeoE - Portugal"
Spain "Informacion geografica propiedad del CNIG"
Sweden "Based upon electronic data (C) National Land Survey Sweden."
Switzerland "Topografische Grundlage: (C) Bundesamt fur Landestopographie."
NAVTEQ holds a non-exclusive license from the United States Postal Service(r) to publish and sell ZIP+4 (R) information.
(C) United States Postal Service (R) 2005. Prices are not established, controlled or approved by the United States Postal Service (R). The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4.
TERMS AND CONDITIONS
(a) LICENSE GRANT. You agree to use this Data solely with Oracle programs. Oracle programs are licensed to you separately under your license agreement with Oracle.
(a) Except where you have been specifically licensed to do so by Oracle, and without limiting the preceding paragraph, you may not (a) use this Data 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.
(b) You may not use or display the Data (or results derived therefrom) on television or in any newspapers or magazines.
(c) You may not use or redistribute the Data solely for the purpose of revenue generation;
(d) If you have a license from Oracle to distribute Oracle programs in which the Data may be used or contained, you may not use or redistribute such Data as used or contained therein solely for the purpose of revenue generation.
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. [LICENSEE] 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.
DISCLAMER OF WARRANTY: [LICENSEE] 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.
DISCLAMER OF LIABILITY: [LICENSEE] 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 [LICENSEE] 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.
EXPORT CONTROL. You agree not to export from anywhere any part of the Data 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.
ENTIRE AGREEMENT. These terms and conditions constitute the entire agreement between [LICENSEE] (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 California, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of California for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.
GOVERNMENT END USERS. If the Data is being acquired 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, the Data is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with ORACLE TECHNOLOGY NETWORK DEVELOPMENT AND DISTRIBUTION LICENSE 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: 222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654 This Data is a commercial item as defined in FAR 2.101 and is subject to ORACLE TECHNOLOGY NETWORK DEVELOPMENT AND DISTRIBUTION LICENSE under which this Data was provided. (C) 2006 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.