Pioneer AVIC-F700BT Operation Manual page 236

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7
U.S. Government Rights.
If you are an agency, department, or other en-
tity of the United States Government, or
funded in whole or in part by the United States
Government, then use, duplication, reproduc-
tion, release, modification, disclosure or trans-
fer of this commercial product and
accompanying documentation, is restricted in
accordance with the LIMITED or RESTRICTED
rights as described in DFARS 252.227-7014(a)
(1) (JUN 1995) (DOD commercial computer
software definition), DFARS 2277202-1 (DOD
policy on commercial computer software),
FAR 52.227-19 (JUN 1987) (commercial com-
puter software clause for civilian agencies),
DFARS252.227-7015 (NOV 1995) (DODtechni-
cal data - commercial items clause); FAR
52.227-14 Alternates I, II, and III (JUN 1987) (ci-
vilian agency technical data and noncommer-
cial computer software clause); and/or FAR
12.211 and FAR 12,212 (commercial item ac-
quisitions), as applicable. In case of conflict
between any of the FAR and DFARS provisions
listed herein and this License, the construc-
tion that provides greater limitations on the
Government's rights shall control. Contractor/
manufacturer is Tele Atlas North America,
Inc., 11 Lafayette Street, Lebanon, NH 03766-
1445, Phone: 603,643. 0330. The Data is
©1984-2008 by Tele Atlas. ALL RIGHTS RE-
SERVED. For purpose of any public disclosure
provision under any federal, state or local law,
it is agreed that the Data is a trade secret and
a proprietary commercial product and not sub-
ject to disclosure.
If you are an agency, department, or other en-
tity 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 you hereby agree to protect
the Data from public disclosure and to consid-
er the Data exempt from any statute, law, regu-
lation, or code, including any Sunshine Act,
Public Records Act, Freedom of Information
Act, or equivalent, which permits public ac-
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cess and/or reproduction or use of the Data.
In the event that such exemption is challenged
under any such laws, this Agreement shall be
considered breached and any and all right to
retain any copies or to use of the Data shall be
terminated and considered immediately null
and void. Any copies of the Data held by you
shall immediately be destroyed. If any court of
competent jurisdiction considers this clause
void and unenforceable, in whole or in part,
for any reason, this Agreement shall be con-
sidered terminated and null and void, in its en-
tirety, and any and all copies of the Data shall
immediately be destroyed.
8
Additional Provisions with respect
to
POI Data only.
a
No Creation of Mailing Lists.
You are prohibited from using the POls (i) to
create mailing lists or (ii) for other such si-
milar uses.
b Compliance.
You will use the POls in compliance with all
applicable federal, state and local laws,
rules and regulations.
c
Indemnification.
You shall indemnify and hold infoUSA, Inc.
harmless against all third party claims or
liability which are based in whole or in part
of the users failure to comply with such
laws, rules and regulations or which result
from the use of the POls through you.
d Warranty.
In addition to the Warranties contained in
the Agreement, YOU UNDERSTAND THAT
THE POlS ARE LICENSED ON AN "AS IS"
BASIS WITHOUT GUARANTEE, AND
THERE ARE NO OTHER WARRANTIES
MADE WHETHER, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY
EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
e
POls Segregation.
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You are prohibited from combining or mer-
ging the POls with any other POI data. The
POls shall be maintained in such a way
that they are separately identifiable from all
other POI data at all times.
9
Agreement in English.
The parties hereto confi rm that they have re-
quested that this Agreement and all attach-
ments and related documents be drafted in
English.
Les parties ont exige que Ie present contrat et
tous les documents attaches soient rediges en
Anglais.
10 Miscellaneous.
This is the exclusive and complete Agreement
between Tele Atlas and you regarding its sub-
ject matter. Nothing in this Agreement shall
create a joint venture, partnership or principal-
agent relationship between Tele Atlas and you.
The internal laws of California shall govern
this Agreement and you consent to the juris-
diction of the Northern District of California or
the State of California for the County of Santa
Clara. Sections 2 - 10 shall survive the expira-
tion or termination of this Agreement. This
Agreement may be amended, altered, or modi-
fied only by Tele Atlas. You may not assign any
part of this Agreement without Tele Atlas' prior
written consent. You acknowledge and under-
stand that the Data may be subject to restric-
tions on exportation and agree to comply with
any applicable export laws. In the event that
any provision or part of a provision of this
Agreement is determined to be invalid, illegal,
or unenforceable, such provision or part there-
of shall be stricken from this Agreement and
the remainder of this Agreement shall be
valid, legal, and enforceable to the maximum
extent possible. Any notice under this Agree-
ment shall be delivered by courier to Tele Atlas
North America, Inc., Attention Contracts De-
partment, 11 Lafayette Street, Lebanon, NH
03766 USA. The covenants and obligations un-
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dertaken by you herein are intended for the di-
rect benefit of Tele Atlas and may be enforced
by Tele Atlas directly against you.
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