TomTom RDS-TMC Посібник користувача - Сторінка 13

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This Subscriber Agreement applies to your use of the Total Traffic Network traffic data. You agree that this Subscriber Agreement is enforceable

like any written negotiated agreement signed by you.

Please read this Subscriber Agreement carefully. By using the TomTom TMC Traffic Receiver you accept all the terms and conditions of this

Subscriber Agreement.

If you do not agree to the terms of this Subscriber Agreement, you are not entitled to use the Product and you must return it.

If the below conditions are breached, you are no longer entitled to use the Traffic Data, supplied by the TomTom TMC Traffic Receiver.

"Total Traffic Network, a division of Clear Channel Broadcasting, Inc., 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 Clear Channel Broadcasting, Inc.

(and its affiliates) against any and all claims, damages, costs or other expenses that arise directly or indirectly out of (a) your unauthori7..ed use of

the traffic incident data or the RDS-TMC network, (b) your violation of this di.rective and/or (c) any unauthorized or unlawful activities by you in

connection herewith."

"Total Traffic Network traffic data is informational only. User assumes all risk of use. Total Traffic makes no representations about

content, traffic and road conditions, route usability, or speed."

'TOTAL TRAFFIC NETWORK TRAFFIC DATA IS PROVIDED "AS IS," AND "WHERE IS". TOTAL TRAFFIC NETWORK

EXPRESSLY DISCLAIMS ALL WARRANTIES OR WITH RESPECT TO THE TRAFFIC DATA (INCLUDING, WITHOUT LIMITATION,

THAT THE TRAFFIC DATA WILL BE ERROR-fREE, WILL OPERATE WITHOUT INTERRUPTION OR mAT THE TRAFFIC DATA

WILL BE ACCURATE), EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES

OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM A COURSE

OF DEALING OR USAGE OF TRADE."

'TOTAL TRAFFIC NETWORK WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT. SPECIAL. CONSEQUENTIAL,

EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES, ANTICIPATED REVENUES.

OR PROFITS RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO USE OF THE

TRAFFIC DATA, WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING,

WITHOUT LIMITAnON, NEGLIGENCE OR STRICT LIABILITY)."

In some areas a portion of the traffic information is provided by Inrix, Inc. and (in certain states) Virginia Department of

Subscnber Agreement

Part #: 6AOO.202