AvMap Geosat 5 User Manual page 43

Avmap geosat 5: user manual
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PROHIBITIONS:
• Operation of a service bureau or any other use involving the processing of data of other persons
or entities
• Use of the Licensed Products other than (1) with software provided by Licensee; or, if applicable,
(2) while connected to Licensee's website
• Assignment, time-sharing, lend or lease, or rental of the Licensed Products
• Title to or any ownership interest in the Licensed Products passing to the End User or any other
party deriving or attempting to derive the structure of the Licensed Products
• Use, duplication (except for a single archival copy), reproduction, disclosure, publication,
distribution, or transfer of the Licensed Products other than as specifically allowed
• The removal or obscuring of any copyright, trademark notice, or restrictive legend
• The modification or creation of derivative works of the Licensed Products
• Use of the Licensed Products to provide competitive information about TA or the Licensed
Products to third parties
• Creation of a derivative product that competes with the Licensed Products
ADDITIONAL PROVISIONS TO BE INCLUDED BY LICENSEE:
1. TA is a third party beneficiary of AvMap rights under the EULA, but is not a party thereto and shall
have no obligations hereunder.
2. Disclaim, to the extent permitted by applicable law, TA's liability for any damages, or loss of any
kind, whether special, direct, indirect, incidental, or consequential, arising from the use of the
Licensed Products.
3. Disclaim all warranties of TA, whether express or implied, including but not limited to, the
implied warranties of non-infringement, merchantability, completeness, accuracy, and fitness for
a particular purpose.
4. End User has to be acknowledged that the Licensed Products include confidential and proprietary
information and materials and may include trade secrets.
5. Require End User to comply with all applicable export laws and regulations of the United States
/ the European Community.
6a. (Applicable for US data Only) Include the following: U.S. GOVERNMENT RIGHTS. If End User is
an agency, department, or other entity of the United States Government, or funded in whole or in
part by the United States government, then use, duplication, reproduction, release, modification,
disclosure or transfer of this commercial product and accompanying documentation, is restricted
in accordance with FAR 12.212 and DFARS 227.7202, and by a license agreement. Contractor/
manufacturer is Tele Atlas North America, Inc., 1605 Adams Drive, Menlo Park, CA 94025, (650)
328-3825.
America, Inc. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under
any federal, state or local law, it is agreed that the Licensed Products are a trade secret and a
proprietary commercial product and not subject to disclosure.
6b. (Applicable for US data only) Include the following: If End User is an agency, department, or
other entity of any State government, the United States Government or any other public entity
or funded in whole or in part by the United States Government, then End User hereby agrees
to protect the Licensed Products from public disclosure and to consider the Licensed Products
exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records
Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction
The Licensed Products are ©1984-2003 by Tele Atlas N.V. and Tele Atlas North
43

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