TeleCommunication Systems, Inc. End User License Agreement for Gokivo® Service on the iPhone® Mobile Digital Device
Thank you for your interest in a TeleCommunication Systems, Inc. ("TeleCommunication Systems") location based product and service. Please carefully read this End User License Agreement.
BY ACTIVATING, DOWNLOADING, INSTALLING OR USING THE TELECOMMUNICATION SYSTEMS GOKIVO® SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT WHICH INCLUDE THE TERMS OF THE LICENSE AGREEMENT SUMMARY THAT APPEAR WITHIN THE GOKIVO SOFTWARE INSTALLED ON YOUR WIRELESS DEVICE (COLLECTIVELY, THE "EULA"). IF YOU DO NOT AGREE TO THIS EULA, DO NOT DOWNLOAD, INSTALL OR USE THE TELECOMMUNICATION SYSTEMS SOFTWARE OR SERVICE.
THIS EULA IS BETWEEN YOU AND TELECOMMUNICATION SYSTEMS ONLY AND NOT WITH APPLE® INC.("APPLE"). YOU MAY BE REQUIRED TO ENTER INTO ONE OR MORE SEPARATE AND DIFFERENT AGREEMENTS WITH APPLE IN CONNECTION WITH THE PURCHASE OF THE GOKIVO SOFTWARE ON THE IPHONE MOBILE DIGITAL DEVICE. IN THE EVENT THAT ANY OF THE TERMS OF THIS EULA ARE LESS RESTRICTIVE THAN THE TERMS OF THE APPLE AGREEMENTS, THE MORE RESTRICTIVE TERMS SHALL PREVAIL.
THE "SERVICE" INCLUDES THE SOFTWARE FOR YOUR WIRELESS DEVICE, UPDATES AND UPGRADES MADE AVAILABLE TO YOU, ANY CONTENT DISPLAYED IN THE SOFTWARE AND THE SERVICE THAT POWERS THE SOFTWARE.
THE SERVICE IS ONLY AVAILABLE FOR USE IN THE UNITED STATES.
Use at your own risk and do not attempt to enter or change information while driving. Obey all traffic laws and use common sense. Do not follow directions that appear unsafe.
1. Legal Notices
See the "About" box for certain legal notices pertaining to our (and your) use of third party content, software, and trademarks. You are subject to the restrictions of certain third party agreements that are provided at the end of this EULA.
2. Use of Personal Information
You agree to the collection, retention and processing of your personal data, such as, name, phone number, the make and model of your phone, your device's physical location, and the start and end times of your trip. When you use the Service, we will periodically check your device’s location. If you use the speech recognition feature, you consent to the collection and use of your audio files and associated transcriptions and log files.
TeleCommunication Systems and its providers use your personal data to: (i) provide you the Services, (ii) improve similar and/or location based services in general; and (iii) present you with offers or advertisements, generally relevant to your location. The majority of the time, we only give your location and an anonymous identifier to third party providers.
To utilize certain features and functionality within this product you may need to establish and configure specific accounts with other entities such as Facebook. Information provided to such entities is not monitored or controlled by TeleCommunication Systems and may be subject to specific third party terms and conditions, privacy policies and privacy settings. Always use caution when disclosing, displaying or sending your location or any other information to third parties.
TeleCommunication Systems and its third party providers and distributors may store and process your personal information on computers that are located outside your country. TeleCommunication Systems, its providers and distributors have physical as well as technological security measures in place to protect your personal data; however, TeleCommunication Systems cannot, nor can its providers or distributors, guarantee that those systems will never be breached.
You may use the Service solely for your lawful personal use for the period of time TeleCommunication Systems or its distributors make it available for your In App Subscription. TeleCommunication Systems reserves all rights not expressly granted to you in this EULA. The Service is protected by copyright and other intellectual property laws and treaties. TeleCommunication Systems or its suppliers own the title, copyright, and other intellectual property rights in the Service. The Service is licensed, not sold.
Third-party trademarks, trade names, product names and logos (the "Trademarks") contained in or used by the Service are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation with such company, or (ii) an endorsement or approval of such company of the Service.
You shall not reverse engineer, decompile, or disassemble the Service, or make derivatives from it, except and only to the extent that such activity is expressly permitted by applicable law and you first provide written notice to TeleCommunication Systems. You shall not reproduce, modify, sell, assign, rent, lease, distribute, or otherwise grant rights to third parties with regard to the Service.
THE SERVICE IS PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELECOMMUNICATION SYSTEMS AND ITS AFFILIATES, THIRD PARTY PROVIDERS, AND DISTRIBUTORS, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. THERE IS NO WARRANTY OF RELIABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS.
6. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL TELECOMMUNICATION SYSTEMS, ITS AFFILIATES, THIRD PARTY PROVIDERS, OR DISTRIBUTORS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE SALE, DISTRIBUTION, USE OR INABILITY TO USE THE SERVICE, OR THE PERFORMANE OR NON-PERFORMANCE OF THE SERVICE, EVEN IF TELECOMMUNICATION SYSTEMS, ITS AFFILIATES, THIRD PARTY PROVIDERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY FAILURE OF THE SERVICE TO CONFORM TO ANY APPLICABLE WARRANTY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOTIFY APPLE, AND APPLE MAY REFUND THE PURCHASE PRICE OF THE SERVICE TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE.
You waive any and all claims or causes of action, arising from or relating to your use of the Service, including but not limited to, accidents or injuries caused by use of the Service while driving. Some of these exclusions or limitations may not apply to you as some jurisdictions do not allow it. In such event, the liability will be limited as far as legally possible under the applicable laws.
This EULA shall terminate immediately, without notice, if you fail to comply with any material term, fail to pay applicable fees, or if TeleCommunication Systems or Apple reasonably believes your use of the Service is illegal or otherwise prohibited by your carrier, device manufacturer or distributor. The provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA. TeleCommunication Systems reserves the right, with or without notice, to discontinue, update, upgrade and supplement the Service.
You acknowledge that the Service is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Service, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You assume sole responsibility for any required export approval and/or licenses and all related costs. You shall not acquire, ship, transfer or re-export, directly or indirectly, the Service to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, nor use it for nuclear activities, chemical biological weapons or missile projects. Proscribed countries, destinations, and people are set forth in the United States Export Administration Regulations, and the Office of Foreign Asset Control's Specially Designated Nationals list, and are subject to change without further notice from TeleCommunication Systems.
9. Governing Law
This EULA and any disputes related to this EULA or to the use of the Service are subject to the laws of Maryland, USA. You expressly agree that all disputes arising out of this EULA shall be settled by the state and federal courts of Maryland, USA, which will have the exclusive jurisdiction in respect of any such disputes.
10. U.S. Government Users
The Service covered under this Agreement, is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Service and any other software and documentation covered under this Agreement with only those rights set forth therein.
11. Entire Agreement
This EULA is the entire agreement between you and TeleCommunication Systems relating to the Service and it supersedes all prior or contemporaneous oral or written communications and representations with respect to the Service or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Third Party Beneficiaries
TeleCommunication Systems' vendors, providers, distributors, including but not limited to Apple, and its subsidiaries are third party beneficiaries to this EULA. That means that they can enforce their rights under this Agreement as if they entered into the agreement with you directly.
12. English Language
The original English version of this EULA may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this EULA, the English language version shall prevail.
END-USER TERMS REQUIRED BY APPLE INC
You agree that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
Apple Inc. is not responsible for any claims that you have arising out of your use of the Service.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
END USER TERMS REQUIRED BY MICROSOFT CORPORATION
END-USER TERMS REQUIRED BY NAVTEQ CORPORATION
TeleCommunication Systems licenses data (content) from NAVTEQ Corporation ("NAVTEQ"). During your use of the Service you will encounter and use the NAVTEQ data, therefore, the following additional terms and conditions apply to you regarding the NAVTEQ data.
Personal Use Only. The NAVTEQ data ("Data") is provided for your personal, internal use only and not for resale. It is protected by copyright. You agree to use this Data together with the Service for solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing 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 personal 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 Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble create an derivative works of, or reverse engineer any portion of this Data, 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 licensed to do so by TeleCommunication Systems, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
Warning. The Data 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.
No Warranty. This Data is provided to you "as is," and you agree to use it at your own risk. TeleCommunication Systems 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, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty. TELECOMMUNICATION SYSTEMS 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. 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. TELECOMMUNICATION SYSTEMS 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 INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF TELECOMMUNICATION SYSTEMS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
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 licenses and approvals required under, applicable export laws, rules and regulations.
Government End Users. If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, this Data is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with these end user terms, and each copy of the Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use," and shall be treated in accordance with such Notice:
Notice of Use
Contractor (Manufacturer/ Supplier) Name: NAVTEQ (Manufacturer/Supplier) Address: 222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654
This Data is a commercial item as defined in FAR 2.101 and is subject to the end user terms under which this Data was provided.
©2013 Nokia. All rights reserved. Nokia is a registered trademark of Nokia Corporation. NAVTEQ Maps is a registered trademark of NAVTEQ.
If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify NAVTEQ prior to seeking additional or alternative rights in the Data.