End User Terms – HERE (World Wide Data)

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The data (“Data”) is provided for your personal, internal use only and not for resale. It is protected by copyright, and it is subject to the following terms and conditions which are agreed to by you on the one hand, and HERE on the other hand. Your use of the Data or any part of it or information derived therefrom shall constitute your agreement to these terms and conditions.

Personal Use Only

You agree to use this Data together with the application (“Application”) with which this Data was provided to you for the solely personal, non-commercial (unless this Data was licensed to you as a business organization) 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, archive 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 the authorized distributor of HERE in conjunction with the Application, 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; or (c) use the Data with geographic data from competitors of HERE.

Supplier Terms

You acknowledge and agree that in certain regions or countries with respect to certain parts of the Data, additional terms and conditions may apply. Such terms and conditions are available at https://legal.here.com/terms/general-content-supplier/terms-and-notices/ and https://legal.here.com/terms/transit-content-supplier/terms-and-notices/ (or as notified by HERE or an authorized distributor of HERE).

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. HERE and its authorized distributors (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 service through which the Data is provided will be uninterrupted or error-free.

DISCLAIMER OF WARRANTY

HERE AND ITS AUTHORIZED DISTRIBUTORS (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

HERE AND ITS AUTHORIZED DISTRIBUTORS (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 OR OTHERWISE, EVEN IF HERE AND ITS AUTHORIZED DISTRIBUTORS THEIR 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 shall not export from anywhere any part of the Data or any direct product thereof or information derived therefrom except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce. To the extent that any such export laws, rules or regulations prohibit HERE or its authorized distributors from complying with any of its obligations hereunder to deliver or distribute Data, such failure shall be excused and shall not constitute a breach of these terms and conditions.

Entire Agreement

These terms and conditions constitute the entire agreement between HERE (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

These terms and conditions shall be governed by the laws of the Netherlands if you are located in Europe, Middle East Africa or Russia and by the laws of the State of Illinois, U.S.A. if you are located anywhere else in the world, in each case 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. Depending on which of the said laws apply to you, you agree to correspondingly submit to the jurisdiction of the Netherlands or the jurisdiction of State of Illinois, U.S.A, for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.

Breach

Immediately upon material breach of this End-User Terms, you shall cease using the Data.

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 these End-User Terms, 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: HERE
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: c/o Nokia 425 W. Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as defined in FAR 2.101 and is subject to these End-User Terms under which this Data was provided.
© 1987 – 20XX HERE – 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 HERE prior to seeking additional or alternative rights in the Data.