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 and Purchase Terms.
BY DOWNLOADING, INSTALLING OR USING THE TeleCommunication Systems SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT WHICH INCLUDE THE TERMS WITHIN THE SOFTWARE FOR YOUR WIRELESS DEVICE (COLLECTIVELY, THE "EULA"). IF YOU DO NOT AGREE TO THIS EULA, DO NOT DOWNLOAD, INSTALL OR USE THE TeleCommunication Systems SOFTWARE.
THE "SOFTWARE" 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 SOFTWARE IS ONLY AVAILABLE FOR USE IN THE UNITED STATES, UNITED STATES KINGDOM AND CANADA.
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.
You are subject to the restrictions of certain third party agreements that are provided at the end of this EULA.
Use of Personal Information
You agree to the collection, retention and processing of all personal data, such as, name, phone number, the make and model of your phone, your device’s physical location (via a global positioning system), the start and end times of your trip, and for payment purposes, your credit card number or other payment information. 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 and its providers have physical as well as technological security measures in place to protect your personal data; however, TeleCommunication Systems cannot, nor can its providers, guarantee that those systems will never be breached. If you do not want your personal data collected and used for the purpose of purchasing and using the Software, or under the circumstances described, do not install or otherwise use the Software. For additional information on our use of your personal information, see the TeleCommunication Systems Privacy Policy at www.telecomsys.com or at www.gokivo.com.
Fees
No Refunds
If you purchase your service directly from TeleCommunication Systems, you may terminate the service and the future recurring charges at anytime. You will NOT receive a refund for any prior period or pre-paid fees for future periods, including any prorated amounts for partial pre-paid periods even if you terminate your service before your pre-paid period has ended. For example, if you pre-pay for 12 months of Service and terminate the Service after 4 months, you will not receive a refund for the remaining 7 months; however, you will not be charged for the following twelve month period. Another example, if you purchase the service on a month to month basis starting on January 1st, and you terminate the Service on January 20th, you will not receive a refund for the remaining 11 days in Jaunary but you will not be charged the monthly fee starting February 1. We will also not refund any fees paid to cellular carriers, distributors or any other third party. We have this policy because we have FREE trials; so you can try before you buy.
License
You may use the Software solely for your lawful personal use for the period of time TeleCommunication Systems or its distributors make it available. TeleCommunication Systems reserves all rights not expressly granted to you in this EULA. The Software 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 Software. The Software is licensed, not sold.
Restrictions
You shall not reverse engineer, decompile, or disassemble the Software, or make derivatives from it, except and only to the extent that such activity is expressly permitted by applicable law and you first provide 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 Software.
Disclaimers
THE SOFTWARE 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 NONINFRINGEMENT.
THERE IS NO WARRANTY OF RELIABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES, OR RESULTS.
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 SOFTWARE, OR THE PERFORMANE OR NON-PERFORMANCE OF THE SOFTWARE, EVEN IF TeleCommunication Systems, ITS AFFILIATES, THIRD PARTY PROVIDERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You waive any and all claims or causes of action, arising from or relating to your use of the Software, including but not limited to, accidents or injuries caused by use of the Software 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.
Termination
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 reasonably believes your use of the Software 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 powering the Software and the Software.
Export
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, 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 Software 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.
Governing Law
This EULA and any disputes related to this EULA or to the use of the Software are subject to the laws of California, USA (unless you reside on the continent of Europe, then the laws of Sweden apply). You expressly agree that all disputes arising out of this EULA shall be settled by the state and federal courts of California, USA (unless you reside on the continent of Europe, then the courts of Sweden apply), which will have the exclusive jurisdiction in respect of any such disputes.
U.S.Government Users
The Software 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 Software and any other software and documentation covered under this Agreement with only those rights set forth therein.
Entire Agreement
This EULA is the entire agreement between you and TeleCommunication Systems relating to the Software and it supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software 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’s vendors, providers, distributors, including but not limited to Research In Motion, Inc. and Digital River, Inc. 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.
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.
TeleCommunication Systems licenses data (content) from NAVTEQ Corporation ("NAVTEQ"). During your use of the Software 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 Software 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.
Users in Canada. The Data may include or reflect data of licensors, including Her Majesty, Canada Post and the Department of Natural Resources Canada. Such data is licensed on an "as is" basis. The licensors, including Her Majesty, Canada Post and the Department of Natural Resources Canada, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
The licensors, including Her Majesty, Canada Post and the Department of Natural Resources Canada, shall not be liable 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 data or the Data. The licensors, including Her Majesty, Canada Post and the Department of Natural Resources Canada, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data or the Data.
You shall indemnify and save harmless the licensors, including Her Majesty the Queen, the Canada Post, and the Department of Natural Resources Canada, and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or possession of the data or the Data.
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:
TeleCommunication Systems, Inc. (TCS)
(NASDAQ: TSYS) develops wireless applications and infrastructure for navigation, hyper-local search, asset tracking, people location, and telematics. An award-winning app developer, TCS has the largest mobile phone navigation subscriber base in North America. Learn more at www.telecomsys.com.
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