extract or reutilize substantial parts of the contents of the Database nor reproduce, copy,
modify, adapt, translate, disassemble, decompile, reverse engineer any portion of the
Database. If you wish to obtain interoperability information as meant in (the national
laws based on) the European Software Directive, you shall grant HERE reasonable
opportunity to provide said information on reasonable terms, including costs, to be
determined by HERE.
• TRANSFER OF LICENSE
You may not transfer the Database to third parties, except when installed in the system
for which it was created or when you do not retain any copy of the Database, and
provided that the transferee agrees to all terms and conditions of this Agreement and
confirms this in writing to HERE. Multi-disc sets may only be transferred or sold as a
complete set as provided by HERE and not as subset thereof.
• LIMITED WARRANTY
HERE warrants that, subject to the warnings set out below, for a period of 12 months
after acquisition of your copy of the Database, it will perform substantially in accordance
with HERE's Criteria for Accuracy and Completeness existing on the date you acquired
the Database; these criteria are available from HERE at your request. If the Database does
not perform in accordance with this limited warranty, HERE will use reasonable efforts to
repair or replace your non-conforming copy of the Database. If these efforts do not lead
to performance of the Database in accordance with the warranties set out herein, you
will have the option to either receive a reasonable refund of the price you paid for the
Database or to rescind this Agreement. This shall be HERE's entire liability and your sole
remedy against HERE. Except as expressly provided in this section, HERE does not
warrant nor make any representations regarding the use of results of the use of the
Database in terms of its correctness, accuracy, reliability, or otherwise. HERE does not
warrant that the Database is or will be error free.
No oral or written information or advice provided by HERE, your supplier or any other
person shall create a warranty or in any way increase the scope of the limited warranty
described above. The limited warranty set forth in this Agreement does not affect or
prejudice any statutory legal rights that you may have under the legal warranty against
hidden defects.
If you did not acquire the Database from HERE directly, you may have statutory rights
against the person from whom you have acquired the Database in addition to the rights
granted by HERE hereunder according to the law of your jurisdiction. The above
warranty of HERE shall not affect such statutory rights and you may assert such rights in
addition to the warranty rights granted herein.
• LIMITATION OF LIABILITY
The price of the Database does not include any consideration for assumption of risk of
consequential, indirect or unlimited direct damages which may arise in connection with
10
En
your use of the Database.
Accordingly, in no event shall HERE be liable for any consequential or indirect damages,
including without limitation, loss of revenue, data, or use, incurred by you or any third
party arising out of your use of the Database, whether in an action in contract or tort or
based on a warranty, even if HERE has been advised of the possibility of such damages.
In any event HERE's liability for direct damages is limited to the price of your copy of the
Database.
THE LIMITED WARRANTY AND LIMITATION OF LIABILITY, SET FORTH IN THIS AGREEMENT,
DO NOT AFFECT OR PREJUDICE YOUR STATUTORY RIGHTS WHERE YOU HAVE ACQUIRED
THE DATABASE OTHERWISE THAN IN THE COURSE OF A BUSINESS.
• WARNINGS
The Database may contain inaccurate or incomplete information due to the passage of
time, changing circumstances, sources used and the nature of collecting comprehensive
geographic data, any of which may lead to incorrect results. The Database does not
include or reflect information on - inter alia - neighborhood safety; law enforcement;
emergency assistance; construction work; road or lane closures; vehicle or speed
restrictions; road slope or grade; bridge height, weight or other limits; road or traffic
conditions; special events; traffic congestion; or travel time.
• GOVERNING LAW
This Agreement shall be governed by the laws of the jurisdiction, in which you reside at
the date of acquisition of the Database. Should you at that moment reside outside the
European Union or Switzerland, the law of the jurisdiction within the European Union or
Switzerland where you acquired the Database shall apply. In all other cases, or if the
jurisdiction where you acquired the Database cannot be defined, the laws of the
Netherlands shall apply.
The courts competent at your place of residence at the time you acquired the Database
shall have jurisdiction over any dispute arising out of, or relating to this Agreement,
without prejudice to HERE's right to bring claims at your then current place of residence.
IVONA Software
This product includes software developed by IVONA Software Sp. z o.o.
Please comply with the terms and conditions of the End User License Agreement set
forth by IVONA Software Sp. z o.o.
▶End User License Agreement 1.0
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE
DOWNLOADING, INSTALLING OR USING IVONA'S SOFTWARE (AS DEFINED BELOW) OR