Garmin Mobile™ End-User Licence Agreement


IMPORTANT – READ THESE TERMS AND CONDITIONS OF THIS END USER LICENCE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE DOWNLOADING, INSTALLING, USING OR OTHERWISE SUBSCRIBING TO ANY GARMIN MOBILE™ HARDWARE, SOFTWARE, TECHNOLOGY AND/OR DATA PLANS, WHETHER THROUGH A STAND-ALONE GARMIN MOBILE HARDWARE PRODUCT ("HOST PRODUCT") OR THROUGH A MOBILE PHONE OR ONLINE VERSION OF A GARMIN MOBILE APPLICATION (HEREINAFTER COLLECTIVELY THE "GARMIN MOBILE TECHNOLOGY"). BY SUBSCRIBING TO, DOWNLOADING, INSTALLING, USING OR OTHERWISE ACCESSING THE GARMIN MOBILE TECHNOLOGY, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING AND/OR SUBSCRIBING TO GARMIN MOBILE, OR, IF THE GARMIN MOBILE TECHNOLOGY IS BUNDLED WITH A STAND-ALONE GARMIN HOST PRODUCT, RETURN THE COMPLETE HOST PRODUCT WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND TO ONE OF THE FOLLOWING: (1) THE DEALER FROM WHICH YOU PURCHASED THE HOST PRODUCT; (2) GARMIN INTERNATIONAL, INC. CUSTOMER SERVICE, 1200 E. 151ST STREET, OLATHE, KS 66062, USA; (3) GARMIN (EUROPE) LTD. CUSTOMER SERVICE, LIBERTY HOUSE, HOUNSDOWN BUSINESS PARK, SOUTHAMPTON, SO40 9RB, UNITED KINGDOM, OR (4) GARMIN CORPORATION CUSTOMER SERVICE, NO. 68, JANGSHU 2ND ROAD, SHIJR, TAIPEI COUNTY, TAIWAN.

Grant of Licence: Subject to the terms and conditions set forth herein, Garmin International, Inc. and/or its affiliated companies (collectively "Garmin") grants you a non-transferable, non-exclusive and non-sublicenseable limited right and licence to view, use and access the Garmin Mobile Technology to (i) retrieve maps, directions, and turn-by-turn navigation data, text, images, graphics, audio and other images and (ii) receive other third-party content data, text, images, graphics, photographs, audio, video and other images from non-Garmin data providers, including such data as fuel price data, weather data, hotel data, and/or traffic data (hereinafter "third-party content data") for display on your mobile telephone or other Garmin Mobile enabled device, solely for your informational purposes and for your immediate, private, individual and non-commercial use provided you retain all copyright and proprietary notices contained in the navigation data and/or third-party content data applicable to either Garmin or any third-party provider. All rights not expressly stated herein are reserved by Garmin and Garmin disclaims any and all implied licences. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, create compilations or derivative works, translate, adapt or disassemble the Garmin Mobile Technology or any part thereof, including the third-party content data; (ii) copy or reproduce the Garmin Mobile Technology or any part thereof, including the third-party content data, in any form; (iii) publish, display, disclose, sell, rent, lease, store, loan, distribute, publicly display or perform, co-brand, frame or permit third parties to link to the Garmin Mobile Technology or any part thereof, including the third-party content data; (iv) assign, sublicence, convey, transfer, pledge as security or otherwise encumber the rights and licences granted hereunder; (v) use the Garmin Mobile Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Garmin, its third-party data providers or any other third-party; (vi) directly or indirectly use, broadcast or distribute the Garmin Mobile Technology in connection with a television, radio, web, telephone or telematics application without the specific written approval of Garmin; (vii) provide any portion of the Garmin Mobile Technology to a government agency; or (viii) enter into any agreement with any third party that in any way restricts, prevents or hinders the ability of Garmin to provide to such third party the Garmin Mobile Technology or any other product or service made available by Garmin from time to time.

Charges/Fees: In consideration for your access to the Garmin Mobile Technology and the licence granted hereunder, you are responsible for payment of any and all applicable Garmin Mobile Technology subscription fees that may be applicable to your particular Garmin Mobile Technology, as determined by Garmin and which are subject to change from time to time. Garmin may terminate this Agreement and your licence immediately upon any failure by you to pay any required Garmin Mobile Technology subscription fees. In addition, you are responsible for any applicable charges and fees associated with any data plan fees or other subscription charges or fees of any kind whatsoever that may be required by your mobile phone carrier to access the Garmin Mobile Technology.

Ownership of Technology: You acknowledge and agree that Garmin owns all right, title and interest in, or if applicable, licences to the Garmin Mobile Technology, including, but not limited to, all trademarks, data and content, except to the extent any such third-party content data is owned by the respective third-party data provider. Any reference to products, services, processes, hypertext links to third parties or other data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Garmin or its licensors. Product and service information are the sole responsibility of each individual vendor.

Term: This Agreement is effective until such time as (i) if applicable to your specific Garmin Mobile Technology, your subscription term is either terminated (by you or by Garmin) or expires, or (ii) the Agreement is otherwise terminated in accordance with the terms and conditions of this Agreement ("Term"). If your Garmin Mobile Technology Host Product comes with a "lifetime" subscription, the term "lifetime" shall mean the useful life of your specific Host Product. Garmin may terminate this Agreement for any reason, including, but not limited to, if Garmin finds that you have violated any of the terms of this Agreement. In addition, this Agreement shall terminate immediately upon the termination of the agreement between Garmin and any third party from whom Garmin licences third-party content data for use as part of or in the Garmin Mobile Technology. In such case where Garmin’s agreement with a third-party data provider terminates and, therefore, you no longer have access to all or a part of the Garmin Mobile Technology, your sole remedy in such instance is a refund of any unused portion of any subscription fee applicable to your specific subscription term. No such refunds shall apply with respect to "lifetime" subscriptions for applicable Garmin Mobile Technology Host Products. All provisions relating to confidentiality, indemnity, proprietary rights and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination including, but not limited to, all licences granted hereunder.

Confidentiality: At all times during the Term and thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for your benefit or any other individual or entity any Confidential Information of Garmin or any of its third-party data providers. "Confidential Information" means any trade secrets or confidential or proprietary information whether written, digital, oral or other form which is unique, confidential or proprietary to Garmin or its third-party data providers, including, but not limited to, the Garmin Mobile Technology and any other materials or information related to the business or activities of Garmin which are not generally known to others engaged in similar businesses or activities. You shall return to Garmin any of its Confidential Information upon request and/or upon termination of this Agreement. 

Restricted rights: If the Garmin Mobile Technology is acquired by or for the U.S. Government, its agencies or instrumentalities, then it is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7018, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. The contractor/manufacturer is Garmin International, Inc., 1200 East 151st Street, Olathe, KS 66062, USA. You agree not to export or re-export the Garmin Mobile Technology or its Host Product to any country in violation of the export control laws of the United States of America.

Indemnity: You agree to indemnify, defend and hold Garmin and its licensors and suppliers (including, but not limited to, their respective assignees, subsidiaries, affiliated companies and their respective officers, directors, employees and shareholders, agents and representatives) harmless from and against any and all liability, loss, injury, demand, action, cost, expense or claim of any kind or character, including, but not limited to, solicitors' fees, arising out of or in connection with your use of or subscription to the Garmin Mobile Technology.

LIMITED WARRANTY: THE GARMIN MOBILE TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. GARMIN AND ITS SUPPLIERS, INCLUDING THIRD-PARTY DATA PROVIDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM TRADE USAGE OR COURSE OF CONDUCT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OTHER EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, "REAL-TIME" INFORMATION, TITLE, NON-INFRINGEMENT OR ANY OTHER TYPE OF WARRANTIES RELATING TO THE GARMIN MOBILE TECHNOLOGY OR ITS PERFORMANCE HEREUNDER.

LIMITATION OF LIABILITY: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE GARMIN MOBILE TECHNOLOGY, AND GARMIN DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE RESULTING FROM USE OF THE GARMIN MOBILE TECHNOLOGY. IT IS YOUR RESPONSIBILITY TO USE THE GARMIN MOBILE TECHNOLOGY PRUDENTLY AND TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS, DIRECTIONS, WEATHER CONDITIONS AND TRAFFIC CONDITIONS. IN NO EVENT SHALL GARMIN OR ITS SUPPLIERS, INCLUDING THIRD-PARTY DATA PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, DIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GARMIN MOBILE TECHNOLOGY, EVEN IF GARMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, GARMIN’S AND ITS SUPPLIERS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE GARMIN MOBILE TECHNOLOGY SHALL NOT EXCEED $1.00. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous: This Agreement constitutes the entire understanding and agreement of the parties (except for any separate end-user licence agreements required by Garmin’s third-party data providers, which shall be read in conjunction with this Agreement), and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to its subject matter. No delay or failure by Garmin to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent waiver. No waiver, modification or amendment of any provision hereof will be effective against Garmin unless it is signed and written by Garmin. You may not assign your rights or obligations hereunder (including as a change of control) without the prior written consent of Garmin. Subject to the foregoing, this Agreement will bind and inure to the benefit of the successors and permitted assigns of the parties. This Agreement shall be governed and construed in all respects by the laws of the State of Kansas, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act. The parties agree that the exclusive jurisdiction and venue of any dispute amongst the parties shall be entered in the state or federal courts within the State of Kansas and each of the parties hereby waives any right to a trial by jury. If any provision of this Agreement or the application thereof to any party or circumstance is held to be invalid, illegal or unenforceable in any respect, that provision to the extent permitted by law (not otherwise) shall be severed from this Agreement and shall not affect the remainder hereof and the parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. The parties to this Agreement are independent contractors. Garmin shall not be liable to you for a failure to perform any of its obligations under this Agreement during any period in which such performance is delayed due to circumstances beyond its reasonable control. All notices hereunder must be in writing and posted by certified post, return receipt requested, or by prepaid courier service or facsimile with receipt confirmed by telephone, to each party’s address.

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The NAVTEQ End-User licence agreement below applies to the following countries and/or regions: 
United Kingdom
Middle East
South Africa


NAVTEQ End-User licence agreement


The software embedded in your Garmin product (the “Software”) is owned by Garmin Ltd. or its subsidiaries (“Garmin”). The third-party map data embedded in or accompanying your Garmin product (the “Data”) is owned by NAVTEQ North America LLC and is licenced to Garmin. Both the Software and Data are protected under copyright laws and international copyright treaties. The Software and Data are licenced, not sold. The Software and Data are provided under the following licence and are subject to the following terms and conditions which are agreed to by End User (“you” or “your”), on the one hand, and Garmin and its licensors (including their licensors and suppliers) and affiliated companies on the other hand.
IMPORTANT: CAREFULLY READ THIS LICENCE BEFORE USING THIS PRODUCT. INSTALLING, COPYING OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENCE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT (IF PURCHASED NEW) FOR A FULL REFUND TO ONE OF THE FOLLOWING: (1) THE DEALER FROM WHICH YOU PURCHASED THIS PRODUCT; (2) Garmin INTERNATIONAL, INC. CUSTOMER SERVICE, 1200 EAST 151st STREET, OLATHE, KS 66062, USA; (3) Garmin (EUROPE) LTD., LIBERTY HOUSE, HOUNSDOWN BUSINESS PARK, SOUTHAMPTON, SO40 9RB, UNITED KINGDOM; OR (4) Garmin CORPORATION CUSTOMER SERVICE, No. 68, JANGSHU 2nd ROAD, SHIJR, TAIPEI COUNTY, TAIWAN.
Licence Terms And Conditions

Garmin (“we” or “us”) provides you with storage media containing the computer Software (the “Software”) and the embedded or accompanying digital map Data, including any “online” or electronic documentation and printed materials (together called the “Product” for purposes of this Licence Agreement), and grants you a limited, non-exclusive licence to use the Product in accordance with the terms of this Agreement. You agree to use this Data together with the Garmin product for solely personal, or if applicable, for use in your business’ internal operations, and not for service bureau, time-sharing, resale or other similar purposes. 

Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your use to (i) view it and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Software or Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Product, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions. Except where you have been specifically licenced to do so by Garmin and without limiting the preceding paragraph, you may not use this Data with any products, systems or applications installed or otherwise connected to or in communication with vehicles, and which are capable of dispatch, fleet management or similar applications where the Data is used by a central control centre in dispatching a fleet of vehicles. In addition, you are prohibited from renting or leasing the Data or the Garmin products containing the Data to any other person or third party. Only those hire car companies that are specifically authorised by Garmin in writing to rent Garmin products containing the Data to their rental customers are permitted to rent out such products.

No Warranty. This Product (including the Data) is provided to you “as is,” and you agree to use it at your own risk. Garmin and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Product or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty. Garmin AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY Garmin OR ITS SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability. Garmin AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE DATA OR INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF Garmin OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Gamin's AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE Garmin PRODUCT OR THE DATA SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Disclaimer of Endorsement. Reference to any products, services, processes, hypertext links to third parties or other Data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Garmin or its licensors. Product and service information are the sole responsibility of each individual vendor. The NAVTEQ name and logo, the NAVTEQ and NAVTEQ ON BOARD trademarks and logos and other trademarks and trade names owned by NAVTEQ North America LLC may not be used in any commercial manner without the prior written consent of NAVTEQ.

Export Control. You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licences and approvals required under, applicable export laws, rules and regulations. 

Indemnity. You agree to indemnify, defend and hold Garmin and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense or claim of any kind or character, including but not limited to lawyer's fees, arising out of or in connection with any use or possession by you of the Product (including the Data).

Entire Agreement. These terms and conditions constitute the entire agreement between Garmin (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law. 

(a) For European Union NAVTEQ Data
The above terms and conditions shall be governed by the laws of the Netherlands, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the Netherlands for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.

(b) For North American NAVTEQ Data and other non-European Union NAVTEQ Data
The above terms and conditions shall be governed by the laws of Illinois, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of Illinois for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder. 

Government End Users. If End User is an agency, department or other entity of the United States Government, or funded in whole or in part by the U.S. Government, then use, duplication, reproduction, release, modification, disclosure or transfer of the Product and accompanying documentation is subject to restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 27.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data – commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and non-commercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this Licence, the construction that provides greater limitations on the Government’s rights shall control. The contractor/manufacturer is Garmin International, Inc., 1200 East 151st Street, Olathe, KS 66062, USA and NAVTEQ North America LLC, 425 West Randolph Street, Chicago, Illinois 60606 USA.


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The Sensis Whereis™ End-user licence agreement below applies to the following countries and/or regions: 
Australia 
New Zealand


Sensis Whereis™ End-user Licence Agreement


To protect your own interests, please read these terms and conditions carefully before you commence using this software application or device containing Whereis™ mapping data (“Whereis Data”). Your licence from Sensis to use the Whereis Data (“Licence”) starts when described below and will be subject to the terms and conditions set out below. If you do not agree to these terms and conditions, return this software application or device to your place of purchase.

1	GRANT OF LICENCE

1.1	Telstra Corporation Limited (ABN 33 051 775 556) (“Telstra”) through its agent Sensis Pty Ltd (ABN 30 007 423 912) (“Sensis”) grants you a non-exclusive, non-transferable licence (with no right to sub-licence) to use the Whereis Data contained in this software application or device on the terms and conditions contained in this Licence.

1.2	The Licence commences when you click on the “I Agree” button at the end of these terms and continues until the Licence ends in accordance with the terms and conditions set out below.

2	RIGHTS OF USE

2.1	You may only use the Whereis Data for your own personal use.

2.2	You may only install and use the Whereis Data on one device at any one time.

2.3	You must not copy, reverse engineer, adapt, modify, distribute or publish in any form the whole or any part of the Whereis Data.

2.4	You must use reasonable steps to prevent any of the events in 2.3 above occurring or any unauthorized copying or use of the Whereis Data; and immediately notify Sensis if you become aware of any of the events or activities described in (a) occurring or of any other infringement of Sensis’ rights in relation to the Whereis Data.

3	PROPERTY AND OWNERSHIP

3.1	All intellectual property rights (including copyright and any trade marks used by Sensis and Telstra) in and to the Whereis Data are the sole and exclusive property of Sensis (or it licensors). Except for the rights granted to you in this Licence, you will not acquire any intellectual property or other rights in or to the Whereis Data or any part of the Whereis Data.

4	ACCURACY OF DATA

Sensis will use reasonable care and skill in providing the Whereis Data and will provide the Whereis Data to you in accordance with this Licence. However, given the nature of navigation systems (including the possibility that a change in traffic conditions could affect the accuracy of the Whereis Data) and the fact that Sensis must obtain some of the Whereis Data from other sources, Sensis cannot promise that the Whereis Data will be error free, complete or up to date.

5	SENSIS’ LIABILITY TO YOU

(a)	The terms and conditions that apply to the supply and use of the Whereis Data are those that are expressly set out in this Licence and those implied by consumer protection laws to the supply and use of the Whereis Data that are unable to be excluded. No other terms apply.

(b)	Subject to (c), Sensis accepts its liability to you for breach of these terms and conditions or negligence under the principles applied by the courts.

(c)	This Whereis Data is provided to you for the primary purpose of personal, domestic or household use, so Sensis does not accept liability to you for losses that result from the use of the Whereis Data in connection with the conduct of a business. However, Sensis will accept that liability if it cannot be excluded under any legislation. To the extent permitted by law, Sensis is also not liable for any loss to the extent that it is caused by you, for example, through your negligence or breach of these terms and conditions.

(d)	To the extent permitted by law, Sensis is not liable for failing to comply with the terms and conditions applying to the Whereis Data where that failure is caused by events outside Sensis’ reasonable control, such as abuse or misuse of the Whereis Data, damage to the Whereis Data caused by faults in equipment that is not owned by Sensis, any accident by you or a third party which damages the Whereis Data or any unusual hazards affecting the Whereis Data or the software application or device through which you access the Whereis Data (including but not limited to exposure to excessive humidity, heat, cold, dust, food or liquids).

6	YOUR LIABILITY TO SENSIS

(a)	Subject to (b), you are liable to Sensis for breach of these terms and conditions or negligence under the principles applied by the courts.

(b)	You are not liable for any loss to the extent that it is caused by Sensis, for example, through Sensis’ negligence or breach of these terms and conditions.

7	CANCELLING THE LICENCE

7.1	Sensis may cancel the Licence immediately by giving you notice if you are in breach of these terms and conditions.

7.2	Sensis may also cancel the Licence by giving you as much notice as is reasonably possible if:

(a)	the law requires Sensis to do so; or

(b)	providing the Licence becomes illegal or Sensis believes on reasonable grounds that it may become illegal.

7.3	Your rights under this Licence will end as soon as this Licence is cancelled. Following cancellation, you will also need to return the Whereis Data and any copy of the Whereis Data to Sensis at your expense. If that is not reasonably practical you will need to either return the software application or destroy the Whereis Data. Sensis may give you directions as to which of these options Sensis requires in those circumstances. Sensis may ask for proof that the Whereis Data and any copies of it have been returned, deleted or destroyed.

7.4	Any rights or remedies which existed before cancellation will continue to exist after cancellation.

8	GENERAL

8.1	A provision of, or a right under, this Licence may not be waived except in writing signed by the party that is waiving the provision or right.

8.2	This Licence will be governed by the laws in force in Victoria.

8.3	A reference to a person in this Licence includes a reference to a firm, corporation or other corporate body.

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Traffic Service End-user subscriber agreement

The Traffic Service Provider 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 the Traffic Service Provider (and its affiliates) and Garmin Ltd. (and its subsidiaries) 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 End User Subscriber Agreement and/or (c) any unauthorized or unlawful activities by you in connection herewith.

The Traffic Service Data is informational only. You assume all risk of use. The Traffic Service Provider, Garmin Ltd. (and its subsidiaries), and their suppliers make no representations about content, traffic and road conditions, route usability, or speed.

Garmin and its Traffic Service Provider(s) make no warranty of fitness or compatibility of the traffic data with the Garmin product and no warranty that the traffic data will operate properly as integrated and interfaced with the Garmin product.  In addition, Garmin and its Traffic Service Provider(s) make no warranty with regard to the reliability, accuracy, exhaustiveness and completeness of the traffic data, which may contain inaccuracies and/or errors from time to time.  To the maximum extent permitted by applicable law, any and all warranties of any kind whatsoever with regard to the traffic data are hereby expressly waived and excluded, including, but not limited to, those of merchantability, fitness for a particular purpose, accuracy or completeness of the traffic data, and/or a lack of viruses.

Garmin and its Traffic Service Provider(s) disclaim all liability for any loss, injury, or damage resulting from use of or inability to use the Garmin product and traffic data as a result of weather difficulties, the destruction of transmitters and/or other broadcasting infrastructures, a natural disaster, and/or a lack of reliability, completeness or accuracy of the traffic data.  In no event shall Garmin or its Traffic Service Provider(s) be liable to you or any other party for any compensatory, indirect, incidental, special, or consequential damages (including, without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Garmin product or the traffic data, even if Garmin has been advised of the possibility of such damages.

If you purchase or your Garmin product is pre-loaded with “lifetime” or “one-time” traffic, you will receive traffic data for one (1) compatible Garmin product until your product’s useful life expires or Garmin no longer receives traffic data from its Traffic Service Provider. Your traffic subscription may not be transferred to another person or another Garmin product. Garmin may terminate this Agreement for any reason, including, but not limited to, if Garmin finds that you have violated any of the terms of this Agreement or the contract between Garmin and its Traffic Service Provider terminates.

