TERMS AND CONDITIONS
END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE NAVTEQ DATABASE
1. NOTICE TO THE USER
THIS IS A LICENSE AGREEMENT - AND NOT AN AGREEMENT FOR SALE - BETWEEN YOU AND NAVTEQ EUROPE B.V. FOR YOUR COPY OF THE NAVTEQ NAVIGABLE MAP DATA-BASE, INCLUDING ASSOCIATED COMPUTER SOFTWARE, MEDIA AND EXPLANATORY PRINTED DOCUMENTATION PUBLISHED BY NAVTEQ (JOINTLY "THE DATABASE"). BY USING THE DATABASE, YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("THE AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE DATABASE, ALONG WITH ALL OTHER ACCOMPANYING ITEMS, TO NAVTEQ FOR A REFUND.
The Database and the copyrights and intellectual property or neighboring rights therein are owned by NAVTEQ or its licensors. Ownership of the media on which the Database is contained is retained by NAVTEQ and/or your supplier until after you have paid in full any amounts due to NAVTEQ and/or your supplier pursuant to this Agreement or similar agreement(s) under which goods are provided to you.
3. LICENSE GRANT
NAVTEQ 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.
4. 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 NAVTEQ reasonable opportunity to provide said information on reasonable terms, including costs, to be determined by NAVTEQ.
It comes to your notice that the regulations concerning the object of this Agreement could change at any moment. In this case, NAVTEQ may decide to stop the access to the Database and/or to the Product.
5. 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 NAVTEQ. Multi-disc sets may only be transferred or sold as a complete set as provided by NAVTEQ and not as subset thereof.
6. LIMITED WARRANTY
NAVTEQ 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 NAVTEQ's Criteria for Accuracy and Completeness existing on the date you acquired the Database; these criteria are available from NAVTEQ at your request. The limited warranty in this section 6 is provided to you by NAVTEQ Europe B.V. of De Run 1115, 5503 LB Veldhoven, The Netherlands.
If the Database does not perform in accordance with this limited warranty, NAVTEQ will use reasonable efforts to repair or replace your non-conforming copy of the Database. If the returned Database is found by NAVTEQ not to be defective, a replacement of the same Database release and version will be sent to you at a charge of € 25 plus shipping and handling costs. 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 NAVTEQ's entire liability and your sole remedy against NAVTEQ. Except as expressly provided in this section, NAVTEQ 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. NAVTEQ does not warrant that the Database is or will be error free. No oral or written information or advice provided by NAVTEQ, 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.
7. 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 NAVTEQ 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 NAVTEQ has been advised of the possibility of such damages. In any event NAVTEQ's liability for direct damages is limited to the price of your copy of the Database.
No liability will be taken in the event of non exhaustiveness of the data concerning the dangerous areas indicated on the Database, and in particular, whether no information is provided on the location of these areas.
You have a duty to check if the contemplated use of the Database is permitted in the jurisdictions that you wish to use it in. If such use is not permitted then you will be liable in case of infringement of applicable laws.
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 - neighborhood safety; law enforcement; emergency assistance; construction work; road or lane closures; vehicle or speed restrictions; road slope or grade; bridge height, weight or other limits; road or traffic conditions; special events; traffic congestion; or travel time.
9. GOVERNING LAW
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 NAVTEQ's right to bring claims at your then current place of residence.
10.1 Address changes: You are responsible for notifying NAVTEQ of any address changes. The Database ordered and subscription updates will be sent to the address submitted during the online order and/or activation process on the NAVTEQ website. In the event that a shipment is returned due to an unregistered change of address, and you request that NAVTEQ re-ship the map data product to another address, you will be liable for applicable additional shipping and handling charges.
10.2 Product shipments: You are responsible for notifying NAVTEQ within 30 days of shipping date if an ordered copy of the Database is not received at the address submitted by you during the ordering process. NAVTEQ will replace the missing product only if notified of non- receipt within 30 days of shipping date. Product subscription owners are responsible for notifying NAVTEQ of non-receipt of updates. If you are a subscriber and fail to notify NAVTEQ of a change in your mailing address, NAVTEQ's obligation to deliver updates ends with the expiration data of the subscription.
10.3 Damages during shipment: Request for replacement must be made within 30 days after the shipping date noted on the delivery note. NAVTEQ will replace Database copy damaged during shipment from NAVTEQ with the same version of the Database originally received. No refunds or map area exchanges will be given on damaged map data products. NAVTEQ will not replace map data products damaged due to abuse or neglect by you.
11. RETURNS AND EXCHANGES
11.1 Only unopened physical copies of the Database purchased direct from NAVTEQ on its website can be returned to NAVTEQ for refund or exchange. No partial refunds will be given on map data product subscriptions or Peugeot Alert Zone subscriptions under any circumstance. Exchanges: All exchanges shall be of the same Database release and Database product line. A shipping and handling fee will be charged to deliver the exchangement Database.
11.2 In addition to your 30-day return and exchange guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven working days. This means you have the right to withdraw from the purchase of a Database within seven working days of the day after the date the item is delivered. This applies to all physical copies of the Database but not for Databases that are downloaded. NAVTEQ can also not accept cancellations of contracts for Database copies where the item has been unsealed.
11.3 In case of a return: your credit card account will be credited for the price of the Database. If your order included a discounted Database, the refund will be given to the lower-priced Database. Partial returns of map sets will not be accepted. The shipping costs for returning your copy will be paid by you. Your request for returns and exchanges has to be done by contacting NAVTEQ within 30 days after the shipping date noted on the packing slip. Requests for returns and exchanges made after 30 days after the shipping date will not be honoured.
11.4 Please follow the steps below in case of returning or exchanging a Database copy:
- Click on the "Order Status" link and enter your original order number and billing zip/postal code. Orders not complying with the 30-day limit will not be allowed to continue.
- Click on the "returns" link, which will allow you to complete the online returns process within 30 days of the original ship date.
- Follow the on-screen instructions.
- Once your returned map data product has been received, you will receive an e/mail notification on your return order status.
12. PERSONAL INFORMATION
In case your personal information is transferred to a webhost outside of the European Union, the handling of your personal information will be substantially in accordance with the “United States Department of Commerce's U.S.-EU Safe Harbor Framework”, which requires a data processing in accordance with the regulation of your country and of the European Union, concerning the protection of personal information. You expressly accept its content.