| |
 |
| TERMS OF USE |
 |
 |
|
The contents of this Web site, and the site as a whole, are intended solely for personal,
non-commercial (other than for the purchase of merchandise from our site) use by the users of our site.
This Web site 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 GeoPerception Inc. and each of their respective licensors
(including their licensors and suppliers) on the other hand.
©2002 GeoPerception Inc. All rights reserved.
Portions ©1984-2001 TeleAtlas North America. All Rights reserved.
|
|
GeoPerception Inc. License Agreement
|
You may print out any of the materials from this Web site for your personal, non-commercial use only,
provided you keep intact all copyright and other proprietary notices. Accordingly, you may copy this
information only as necessary for your personal use to (i) view it on your screen,
and (ii) save a single copy on your hard drive or disk, provided that you do not remove any copyright notices
that appear and do not modify the information in any way, and/or (iii) print a copy for personal use.
You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any materials
from this Web site, and may not republish, upload, post, transmit, loan, rent, transfer, sell or otherwise
distribute any materials from this Web site in any form, for any purpose.
The use of any such materials on any other Web site or networked computer environment is also prohibited.
If you use the materials other than as permitted in this license, you will be violating GeoPerception's copyright
and other proprietary rights.
Without limiting the foregoing, you may not use information contained in this Web site 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. You also may not use this information with or in communication with 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.
LIABILITY AND DISCLAIMERS
(a) BikeMetro.com contains links to Web sites not under our control. Although we try to choose sites
that will be helpful to you, we are not responsible for the quality, safety, completeness, accuracy,
or nature of the content of such sites and we cannot guarantee that such content may change without our knowledge.
We provide these links simply as a convenience to you and this convenience should not be considered
an endorsement by us of these Web sites or the companies who own them.
NONE OF GEOPERCEPTION INC OR ITS LICENSORS WARRANT THAT THIS SERVICE, THE SERVER THAT MAKES IT AVAILABLE,
OR THE FUNCTIONS CONTAINED IN THE MATERIAL OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
The contents of this Web site are provided to you "as is," and "as available," and you agree
to use it at your own risk. GEOPERCEPTION INC and its licensors 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, safety, fitness for a particular purpose, usefulness, use or results
to be obtained from this information. GEOPERCEPTION INC assumes no liability for damages arising from errors or ommisions in the contents of this website.
GEOPERCEPTION INC AND ITS LICENSORS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
GEOPERCEPTION INC AND EACH OF THEIR RESPECTIVE LICENSORS 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,
PERFOMANCE OR POSSESSION OF THIS WEB SITE OR ITS CONTENTS; 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 WEB SITE OR ITS CONTENTS,
ANY DEFECT IN THIS WEB SITE OR ITS CONTENTS, OR THE BREACH OF THESE TERMS OR CONDITIONS,
WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF GEOPERCEPTION INC
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.
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 GEOPERCEPTION INC.
or each of their respective licensors. Product and service information are the sole responsibility of each
individual vendor. The GEOPERCEPTION and BIKEMETRO.COM names, logos and trademarks, and other trademarks and
trade names owned by GEOPERCEPTION may not be used in any commercial manner without the prior written consent
of GEOPERCEPTION.
(b) GEOPERCEPTION INC. shall have no liability for any delay in delivery of any services to you for any cause beyond
GEOPERCEPTION INC.'s control, including delay of third party services/benefit providers or delay due to union
disputes or factory production schedules.
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 GEOPERCEPTION INC. and their respective 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.
|
Tele Atlas North America. End User License Agreement
|
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND GEOPERCEPTION INC.("Provider"). BY ACCESSING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THIS WEB SITE.
1. GRANT OF LICENSE. Provider is an authorized sublicensor of products owned and created by Tele Atlas. Provider grants you a non-transferable, non-exclusive sub-licence to use the map images contained on this web site (the 'Products'), solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Products. You may not rent, disclose, publish, sell assign, lease, sublicense, market, or transfer the Products or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means. You shall not use the Products to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and Tele Atlas retains all, ownership rights in the Products. The Products are copyrighted and may not be copied, even if modified or merged with other Products. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Products.
2. LIMITED WARRANTY AND LIABILITY. The Products are provided to you on an 'AS IS' and 'WITH ALL FAULTS' basis. You assume the entire risk of loss in using the Products. The Products are complex and may contain some nonconformities, defects or errors. Provider does not warrant that the Products will meet your needs or expectations, that operations of the Products will be error free or uninterrupted, or that all nonconformities can or will be corrected. This Limited Warranty is non-transferable.
THE EXPRESS WARRANTY IN THIS SECTION 2 IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY PROVIDER. PROVIDER MAKES AND YOU RECEIVE NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OFSATISFACTORY QUALITY, TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. THE STATED EXPRESS WARRANTY IS THE EXCLUSIVE REMEDY FOR DAMAGES AND IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PROVIDER.
IN NO EVENT SHALL PROVIDER BE LIABLE IN CONTRACT, TORT, PRE-CONTRACT OR OTHER REPRESENTATIONS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA) IRRESPECTIVE OF WHETHER PROVIDER HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF PROVIDER'S LIMITED WARRANTY OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, OTHER THAN IN RESPECT OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF EITHER PARTY WHICH SHALL NOT BE LIMITED, YOU AGREE THAT MULTIMAP.COM'S LIABILITY IN CONTRACT, TORT, NEGLIGENCE, PRE-CONTRACT OR OTHER REPRESENTATIONS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND EVERY APPLICABLE PART OF IT SHALL NOT EXCEED GBP. 1,000. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any national, federal, state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights. Each provision of this Clause 2 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiry or termination of this Agreement.
MISCELLANEOUS. This is the exclusive Agreement between Provider and you regarding its subject matter. You may not assign any part of this Agreement without Provider's prior written consent. This Agreement shall be governed by the laws of England. You shall pay any taxes on the Products or transactions, except for those based on Provider's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any notice under this Agreement shall be delivered by certified mail, return receipt requested, or by overnight courier to Provider at the address below. Provider's licensor shall be a third party beneficiary of Provider's rights under this Agreement, but is not a party hereto and shall have no obligation hereunder.
|
|
 |
 |
 |
|
 |
|
|
