Vicinity.Com

Vicinity Corporation ("Vicinity") offers its content contained in this Web Site ("Vicinity Content") to you, conditioned upon your acceptance without your modification of the terms and conditions ("Terms") set forth herein. Vicinity reserves the right to change or modify the Terms, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions to the Terms shall be effective immediately upon our posting on the page containing the Vicinity Content. You can review the most current version of the Terms at any time by clicking on "Terms of Use" at the bottom of such page. Your use of the Vicinity Content constitutes your agreement to the Terms.

USE OF VICINITY CONTENT

You may use the Vicinity Content only for your personal and noncommercial use, only over the Internet through a landline connection, and only with one central processing unit at any one time. You may not modify, copy, distribute, transmit, publish, license, create derivative works from, transfer, or sell any Vicinity Content, or use Vicinity Content to provide products and/or services to others without the express written consent of Vicinity. In the event of any permitted copying, redistribution or publication of Vicinity Content, you may not make any changes in or deletion of trademarks, copyright notices or other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading the Vicinity Content. Any rights not expressly granted herein are reserved.

MODIFICATIONS TO THE VICINITY CONTENT

Vicinity shall have the right at any time to change or discontinue any aspect or feature of the Vicinity Content without notice, including, but not limited to, content, features, hours of availability, data format, and equipment needed for access or use. You agree that Vicinity shall not be liable to you or to any third party for any such changes.

COPYRIGHT NOTICES

Navigation Technologies Corporation data:

Territory Notice

France "source: Géoroute® IGN France & BD Carto® IGN France"

Germany "Die Grundlagendaten wurden mit Genehmigung der zustaendigen Behoerden entnommen."

Great Britain "Based on Ordnance Survey electronic data and used with the permission of the Controller of Her Majesty's Stationary Office © Crown Copyright, 1995."

Italy "La Banca Dati Italiana č stata prodotta usando quale rifermento anche cartografia numerica ed al tratto prodatta e fornita dalla Regione Toscane."

Portugal "Source: IgeoE - Portugal"

Spain "Informaci©n geográfica propiedad del CNIG"

Sweden "Based upon electronic data © National Land Survey Sweden."

Switzerland "Topografische Grundlage: © Bundesamt für Landestopographie."

Use of the Navigation Technologies Corporation data is subject to Navigation Technologies Corporation's End-User Terms set forth below.

© 2002 Geographic Data Technology, Inc. This product contains proprietary and confidential property of Geographic Data Technology, Inc. Unauthorized use, including copying for other than testing and standard backup procedures, of this product is expressly prohibited.

DMTI Spatial Inc. data are published under the trademark CanMap, and are produced by DMTI Spatial Inc. under license from Her Majesty the Queen in Right of Canada with permission from Natural Resources Canada.

TRADEMARKS

Vicinity is a registered trademark of Vicinity Corporation.

Third party trademarks referenced herein are trademarks or registered trademarks of their respective owners.

LINKS

The Vicinity Content may contain links to other Web Sites over which Vicinity has no control. Vicinity does not endorse and is not responsible or liable for any content on, availability of, or services provided by such Web Sites.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE VICINITY CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VICINITY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

VICINITY MAKES NO REPRESENTATION OR WARRANTY THAT THE VICINITY CONTENT: (I) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE VICINITY CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (III) ANY ERRORS WILL BE CORRECTED.

ANY VICINITY CONTENT YOU DOWNLOAD IS AT YOUR OWN RISK. YOU AGREE THAT VICINITY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT, LOSS OF DATA OR OTHER DAMAGE THAT OCCURS DUE TO SUCH DOWNLOADS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VICINITY AND/OR ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VICINTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO USE, INABLITY TO USE OR DELAY IN USE OF THE VICINITY CONTENT UNDER ANY CAUSE OF ACTION WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GENERAL TERMS

This Agreement constitutes the entire agreement between you and Vicinity regarding use of the Vicinity Content, and supersedes all previous written or oral agreements with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Vicinity Content is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the 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 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.

Navigation Technologies Corporation's End-User Terms

The data ("Data") is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and Vicinity Corporation ("Vicinity") and its licensors (including their licensors and suppliers) on the other hand.

The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario.

TERMS AND CONDITIONS

Personal Use Only. You agree to use this Data for the 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 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 Vicinity, 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.

No Warranty. This Data is provided to you "as is," and you agree to use it at your own risk. Vicinity 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: VICINITY 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: VICINITY 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 VICINITY 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.

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 VICINITY or its licensors. Product and service information are the sole responsibility of each individual vendor. The Navigation Technologies name and logo, the NAVTECH and NAVTECH ON BOARD trademarks and logos, and other trademarks and trade names owned by Navigation Technologies Corporation may not be used in any commercial manner without the prior written consent of Navigation Technologies.

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.

Indemnity. You agree to indemnify, defend and hold Vicinity 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 attorney's fees, arising out of or in connection with any use or possession by you of this Data.

Entire Agreement. These terms and conditions constitute the entire agreement between Vicinity (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. The above terms and conditions shall be governed by the laws of the Illinois where US NAVTECH Data is used and Netherlands where European NAVTECH Data is used, 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 or The Netherlands as applicable for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.

VICINITY CORPORATION'S PRIVACY STATEMENT

Your privacy on the Internet is very important to Vicinity Corporation, and we are committed to safeguarding your privacy online. While providing services to you, Vicinity gathers certain information and this privacy statement describes our information gathering practices.

INFORMATION COLLECTED

IP Addresses
Information from users' IP addresses are used to diagnose problems with our servers and to administer our Web sites and that portion of our partners' Web sites that we control. Your IP address is used to track you anonymously and to gather broad aggregate demographic information. This information itself is not personally identifiable and is not linked to anything that would make such information personally identifiable.

Requested Demographic Information
When you use or register for Vicinity services, you may be asked to provide information that is essential to the provision of those services. Such information may consist of any of the following: name, email address, street address, or zip code. Other than as necessary to contact you as part of the Vicinity services in question (for example, to send you an email notification that you have requested), this personally identifiable information is not retained other than in the form of customary web server logs which are used to monitor and report on aggregate Internet traffic patterns. The personally identifiable information collected and retained in this manner is not used by Vicinity nor is it shared with any third party.

Cookies
To enhance your Web experience, we use identifiers, often referred to as "cookies," to collect anonymous preference and user information. The information derived from the use of cookies does not include and is never merged with personally identifiable information (such as name, street address or email address) or any information that is generally considered sensitive or controversial.

Partner sites
Vicinity's services offered through our partners' and customers' Web sites require that our partners and customers themselves request and pass along the information required to provide Vicinity's services. Information passed to Vicinity by its partners and customers shall be subject to Vicinity's privacy policy, as well as the privacy policies of our partners and customers. Vicinity is not responsible for the privacy practices or the content of our partners or customers or their Web sites.

HOW THE INFORMATION IS USED

Information is gathered to provide you with better services. The information that Vicinity collects is primary used to:

Personalize our services to individual users;
Measure the number of discrete and repeat users of our services;
Track patterns in the use of Vicinity services;
Target advertisements based on users' preferences and geographic location.

SHARING OF THE INFORMATION

Vicinity does not share personally identifiable information with any third parties without your express permission, with the sole exception of data verification and supplementation by a third party under a strict obligation of confidentiality. For example, Vicinity might ask a third party to determine if our data contains any errors or mistakes. Any such third party service provider would be bound by a confidentiality agreement not to use or reveal any data provided by Vicinity.

Vicinity may from time to time provide third parties aggregate data about Vicinity's end users or other non-personally identifiable information (such as a user's zip code) in order to describe our services and for other lawful purposes. Vicinity does not share any personally identifiable information with such third parties. Moreover, consumers can opt-out from Vicinity's collection of such data.

Special Circumstances
Information collected on our Web site or our partners' sites is not shared with third parties without your express permission. However, Vicinity may disclose account information when we reasonably believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating Vicinity's Terms of Use or may be causing injury to or interference with (either intentionally or unintentionally) Vicinity's rights or property, other Vicinity users, or anyone else that could be harmed by such activities. Further, Vicinity may disclose or access account information when we believe in good faith that the law requires us to do so and/or when, for administrative and other purposes, we deem it necessary to do so in order to maintain, service, and/or improve our services.

PROTECTING INFORMATION

Vicinity employs industry-leading security measures to protect our data, however we cannot guarantee the security of any data transmission over the Internet, the telephone lines, or any wireless network. Vicinity cannot ensure or warrant the security of any information during the transmission process and accordingly, any transmission of information is performed at your own risk.

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Terms and Conditions of Use

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