Pioneer CNDV 1000 HD Manuel d'instructions télécharger pdf (Page 2)

You shall not copy, reverse engineer, translate,

port, modify or make derivative works of the

Software. You shall not loan, rent, disclose,

publish, sell, assign, lease, sublicence, market

or otherwise transfer the Software or use it in

any manner not expressly authorised by this

agreement. You shall not derive or attempt to

derive the source code or structure of all or

any portion of the Software by reverse engi-

neering, disassembly, decompilation, or any

other means. You shall not use the Software to

operate a service bureau or for any other use

involving the processing of data for other per-

sons or entities.

Pioneer and its licensor(s) shall retain all copy-

right, trade secret, patent and other proprie-

tary ownership rights in the Software. The

Software is copyrighted and may not be cop-

ied, even if modified or merged with other pro-

ducts. You shall not alter or remove any

tained in or on the Software.

You may transfer all of your licence rights in

the Sof tware, the related documentation and a

copy of this Licence Agreement to another

party, provided that the party reads and agrees

to accept the terms and conditions of this Li-

cence Agreement.

2 DISCLAIMER OF WARRANTY

The Software and related documentation are

provided to you “AS IS”. PIONEER AND ITS LI-

CENSOR(S) (for the purpose of provisions 2

and 3, Pioneer and its licensor(s) shall be col-

lectively referred to as “Pioneer”) MAKES AND

YOU RECEIVE NO WARRANTY, WHETHER EX-

PRESS OR IMPLIED, AND ALL WARRANTIES

OF MERCHANTABILITY AND FITNESS FOR

ANY PARTICULAR PURPOSE ARE EX-

PRESSLY EXCLUDED. SOME COUNTRIES DO

NOT ALLOW EXCLUSION OF IMPLIED WAR-

RANTIES, SO THE ABOVE EXCLUSION MAY

NOT APPLY TO YOU. The Software is complex

and may contain some non-conformities, de-

fects or errors. Pioneer does not warrant that

the Sof tware will meet your needs or expecta-

tions, that operation of the Software will be

error free or uninterrupted, or that all non-con-

formities can or will be corrected. Further-

more, Pioneer does not make any

representations or warranties regarding the

use or results of the use of the Software in

terms of its accuracy, reliability or otherwise.

3 LIMITATION OF LIABILITY

IN NO EVENT SHALL PIONEER BE LIABLE

FOR ANY DAMAGES, CLAIM OR LOSS IN-

CURRED BY YOU (INCLUDING, WITHOUT LIM-

ITATION, COMPENSATORY, INCIDENTAL,

INDIRECT, SPECIAL, CONSEQUENTIAL, OR

EXEMPLARY DAMAGES, LOST PROFITS, LOST

SALES OR BUSINESS, EXPENDITURES, IN-

VESTMENTS, OR COMMITMENTS IN CON-

NECTION WITH ANY BUSINESS, LOSS OF

ANY GOODWILL, OR DAMAGES) RESULTING

FROM THE USE OF OR INABILITY TO USE

THE SOFTWARE, EVEN IF PIONEER 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 AGGRE-

GATE, INCLUDING WITHOUT LIMITATION

BREACH OF CONTRACT, BREACH OF WAR-

RANTY, NEGLIGENCE, STRICT LIABILITY, MIS-

REPRESENTATION, AND OTHER TORTS. IF

PIONEER’S WARRANTY DISCLAIMER OR

LIMITATION OF LIABILITY SET FORTH IN THIS

AGREEMENT SHALL OR FOR ANY REASON

WHATSOEVER BE HELD UNENFORCEABLE

OR INAPPLICABLE, YOU AGREE THAT

PIONEER’S LIABILITY SHALL NOT EXCEED

FIFTY PERCENT (50%) OF THE PRICE PAID BY

YOU FOR THE ENCLOSED PIONEER PRO-

DUCT.

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Licence agreement

Some countries do not allow the exclusion or

limitation of incidental or consequential da-

mages, so the above limitation or exclusion

may not apply to you. This warranty disclaimer

and limitation of liability shall not be applic-

able to the extent that any provision of this

warranty is prohibited by any country or local

law which cannot be pre-empted.

4 EXPORT LAW ASSURANCES

You agree and certify that neither the Software

nor any other technical data received from

Pioneer, nor the direct product thereof, will be

exported outside the country or district (the

“Country ”) governed by the government having

jurisdiction over you (the “Government”) ex-

cept as authorised and as permitted by the

laws and regulations of the Government. If the

Software has been rightfully obtained by you

outside of the Country, you agree that you will

not re-export the Software nor any other tech-

nical data received from Pioneer, nor the di-

rect product thereof, except as permitted by

the laws and regulations of the Government

and the laws and regulations of the jurisdic-

tion in which you obtained the Software.

5 TERMINATION

This Agreement is effective until terminated.

You may terminate it at any time by destroying

the Sof tware. The Agreement also will termi-

nate if you do not comply with any terms or

conditions of this Agreement. Upon such ter-

mination, you agree to destroy the Software.

6 MISCELLANEOUS

This is the entire Agreement between Pioneer

and you regarding its subject matter. No

change in this Agreement shall be effective

unless agreed to in writing by Pioneer. If any

provision of this Agreement is declared invalid

or unenforceable, the remaining provisions of

this Agreement shall remain in full force and

effect.

TERMS AND CONDITIONS

FOR TELE ATLAS DATA

End User Licensing Terms

THIS IS A LEGAL AGREEMENT (THE “AGREE-

MENT”) BETWEEN YOU, THE END USER, AND

PIONEER and its licensors of Data product

(sometimes collectively “Licensors”). BY

USING YOUR COPY OF THE LICENSED DATA,

YOU AGREE TO THE TERMS AND CONDI-

TIONS OF THIS AGREEMENT.

1 Grant of License.

Licensors grant you a non-transferable, nonex-

clusive license to use the map data and busi-

ness points of interest information (the

“POIs”), owned by Tele Atlas, (together, the

“Data”) contained on these discs, solely for

personal, non-commercial use and not to op-

erate a service bureau or for any other use in-

volving the processing of data of other

persons or entities. You may make one (1)

copy of the Data for archival or backup pur-

poses only but you may not otherwise copy, re-

produce, modify, make derivative works, derive

the structure of or reverse engineer the Data.

The Data is restricted for use with the

PIONEER Product(s). The Data contains confi-

dential and proprietary information and mate-

rials, and may contain trade secrets, so you

agree to hold the Data in confidence and in

trust and not to disclose the Data or any por-

tions in any form, including by renting, leas-

ing, publishing, leasing, sublicensing or

transferring the Data to any third party. You

are explicitly prohibited from downloading the

digital maps and programmes contained in

the Data or from transferring these to another

data carrier or computer. You are prohibited

from removing or obscuring any copy right,

trademark notice or restricted legend.

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2 Ownership.

The Data is copyrighted by Tele Atlas and its Li-

censors and they retain all ownership rights in

the Data. You agree not to alter, remove, oblit-

erate, or obscure any copyright notice or pro-

prietary legend contained in or on the Data.

The current copyrights are to be referred Sec-

tion 12 below.

3 Limitation of Liability.

NEITHER TELE ATLAS NOR ITS SUPPLIERS

SHALL BE LIABLE TO THE UNDERSIGNED

FOR ANY INCIDENTAL, CONSEQUENTIAL,

SPECIAL, INDIRECT OR EXEMPLARY DA-

MAGES ARISING OUT OF THIS AGREEMENT,

INCLUDING LOST PROFITS OR COSTS OF

COVER, LOSS OF USE OR BUSINESS INTER-

RUPTION OR THE LIKE, REGARDLESS OF

WHETHER THE PARTY WAS ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CON-

TRARY CONTAINED HEREIN, TELE ATLAS

SHALL HAVE NO MONETARY LIABILITY TO

THE UNDERSIGNED FOR ANY CAUSE (RE-

GARDLESS OF THE FORM OF ACTION)

UNDER OR RELATING TO THIS AGREEMENT.

4 Warranty Disclaimer.

THE DATA IS PROVIDED ON AN “AS IS” AND

“WITH ALL FAULTS BASIS” AND PIONEER,

ITS LICENSORS, AND ITS LICENSED DISTRI-

BUTORS AND SUPPLIERS (COLLECTIVELY,

“SUPPLIERS”) EXPRESSLY DISCLAIM ALL

OTHER WARRANTIES, EXPRESS OR IM-

PLIED, INCLUDING BUT NOT LIMITED TO,

THE IMPLIED WARRANTIES OF NON-INFRIN-

GEMENT, MERCHANTABILITY, EFFECTIVE-

NESS, COMPLETENESS, ACCURACY, TITLE

AND FITNESS FOR A PARTICULAR PURPOSE.

PIONEER, ITS LICENSORS AND SUPPLIERS

DO NOT WARRANT THAT THE DATA WILL

MEET YOUR REQUIREMENTS OR THAT THE

OPERATION OF THE DATA WILL BE UNINTER-

RUPTED OR ERROR FREE. NO ORAL OR

WRITTEN ADVICE GIVEN BY PIONEER, ITS LI-

CENSORS, SUPPLIERS OR ANY OF THEIR RE-

SPECTIVE EMPLOYEES CREATES A

WARRANTY OR IN ANY WAY INCREASES

PIONEER’, ITS LICENSORS OR SUPPLIERS

LIABILITY AND YOU MAY NOT RELY ON ANY

SUCH INFORMATION OR ADVICE. THIS DIS-

CLAIMER IS AN ESSENTIAL CONDITION OF

THIS AGREEMENT AND YOU ACCEPT THE

DATA ON THIS BASIS.

5 Termination.

This Agreement will terminate immediately

and automatically, without notice, if you

breach any term of this Agreement. You agree

that in the event of termination of the Agree-

ment, you shall return the Data (including all

documentation and all copies) to PIONEER

and its suppliers.

6 Indemnity.

You agree to indemnify, defend and hold

PIONEER, its Licensors, and its suppliers (in-

cluding their respective licensors, suppliers,

assignees, subsidiaries, affiliated companies,

and the respective officers, directors, employ-

ees, shareholders, agents and representatives)

free and harmless from and against any liabili-

ty, 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 the Data.

7 Additional Provisions with respect to

the Great Britain Data and Northern Ire-

land data only.

1 End User shall be prohibited from removing

or obscuring any copyright, trademark or re-

strictive legend belonging to Ordnance Sur-

vey.

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2 Disclaim all warranties of Ordnance Survey,

whether express or implied, including but

not limited to, the implied warranties of

non-infringement, merchantability, comple-

teness, accuracy, and fitness for a particu-

lar purpose. End User shall acknowledge

that Ordnance Survey makes no warranty

and gives no representation that the Tele

Atlas

MultiNet

data of the United King-

dom is complete, accurate and/or up to

date and it is an essential condition of the

Atlas

MultiNet

data of the United King-

dom on that basis. The Data may include

the data of licensors, including Ordnance

Survey.

3 Disclaim all liability of Ordnance Survey

with respect to the Tele Atlas

MultiNet

data of the United Kingdom.

4 Prohibit the use of the Tele Atlas

MultiNet

data of the United Kingdom in any printed,

published form that results in Value Added

Product to be distributed freely or sold to

the public without the prior permission of

Ordnance Survey.

5 Indemnify Ordnance Survey from and

against all claims, demands or actions, irre-

spective of the nature of the cause of the

claim, demand or action alleging loss,

costs, expenses, damages or injuries (in-

cluding injuries resulting from death) aris-

ing out of the use of the Tele Atlas

MultiNet

data of the United Kingdom.

6 End User accepts the obligation to, on re-

quest, provide Ordnance Survey with infor-

mation on what products and/or services

containing and/or derived from the Li-

censed Tele Atlas Products they produce.

7 End User is liable to Ordnance Survey in

the event of discovery of breach of the

aforementioned contractual terms.

End User accepts the obligation to, on re-

quest, provide Ordnance Survey with infor-

mation on what products and/or services

containing and/or derived from the Li-

censed Products they produce.

Regarding audits

The rights of Tele Atlas as defined in this

Agreement apply as well for Ordnance Sur-

vey’s auditors’ and/or the National Audit Of-

fice in case of delivery of UK data. Any sum

payable shall be subject to interest at two per-

cent (2%) over the base rate from time to time

of National Westminster Bank plc from the

date this sum was originally due up to the

date of payment (whether before or af ter judg-

ment).

Ordnance Survey and/or the National Audit

Office shall have the right to audit End Users

books or accounts directly on exactly the

same terms as Licensee is so obliged in this

Agreement so that Ordnance Survey has this

right of audit in respect of any provider of pro-

ducts and/or services containing and/or de-

rived from Licensed Tele Atlas Products.

Licensee hereby agrees that in the event of dis-

covery of breach, the relevant End Users in

breach and Licensee shall be jointly and sever-

ally liable to Ordnance Survey.

8 Additional Provisions with respect to

the Norway Data only.

End User is prohibited from using the Tele

Atlas

MultiNet

data of Norway to create

commercial general purpose printed or digital

maps, which are similar to the basic national

products of the Norwegian Mapping Authority.

9 Additional provisions for Tele Atlas

Premium Points of Interest (the “POIs”).

With respect to the POI Licensed Tele Atlas

Products:

(The following provisions only refer to the pro-

ducts which contain Tele Atlas

Premium

Points of Interest.)

End User specifically agrees that it shall not:

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Pioneer CNDV 1000 HD Manuel d'instructions Page 2

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