Aston Martin DB 9 2010 Manual page 205

TMC License Agreement
End User Required Provisions: Aston Martin
Each Aston Martin navigation system map update capable to use and display
the Traffic Data shall contain the following written information:
Real Time Traffic Information End-User Provisions
Certain Aston Martin models equipped with navigation have the capability to
display real-time traffic information. If your system has this capability the
following additional terms and conditions apply:
An End-User shall no longer have the right to use the Traffic Data in the event
that the End-User is in material breach of the terms and conditions contained
herein.
A. "Total Traffic Network, a division of Clear Channel Broadcasting, Inc.
("Total Traffic Network"), holds the rights to the traffic incident data and
RDS-TMC network through which it is delivered. "You may not modify,
copy, scan or use any other method to reproduce, duplicate, republish,
transmit or distribute in any way any portion of traffic incident data. You
agree to indemnify, defend and hold harmless Total Traffic Network, Inrix,
Inc. and Clear Channel Broadcasting, Inc. (and their affiliates) against any
and all claims, damages, costs or other expenses that arise directly or
indirectly out of (a) your unauthorized use of the traffic incident data or
the RDS-TMC network, (b) your violation of this directive and/or (c) any
unauthorized or unlawful activities by you in connection herewith.
B. "Total Traffic Network traffic data is informational only. User assumes all
risk of use. Total Traffic Network and its suppliers make no representations
about content, traffic and road conditions, route usability, or speed."
C. THE LICENSED MATERIAL IS PROVIDED TO LICENSEE "AS IS," AND
"WHERE IS". TOTAL TRAFFIC NETWORK, INCLUDING, BUT NOT
LIMITED TO, ANY AND ALL THIRD PARTY PROVIDERS OF ANY OF THE
LICENSED MATERIAL, EXPRESSLY DISCLAIMS, TO THE FULLEST
EXTENT PERMITTED BY LAW, ALL WARRANTIES OR
REPRESENTATIONS WITH RESPECT TO THE LICENSED MATERIAL
(INCLUDING, WITHOUT LIMITATION, THAT THE LICENSED MATERIAL
WILL BE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION
OR THAT THE TRAFFIC DATA WILL BE ACCURATE), EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT FITNESS
FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM A COURSE
OF DEALING OR USAGE OF TRADE.
D. "NEITHER TOTAL TRAFFIC NETWORK NOR INRIX, INC. WILL BE
LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST REVENUES, ANTICIPATED REVENUES, OR PROFITS
RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING
DIRECTLY OR INDIRECTLY TO USE OF THE TRAFFIC DATA, , AND
EVEN IF TOTAL TRAFFIC NETWORK, INRIX, INC., OR ASTON MARTIN
ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE
LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT
LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS
NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE
PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.