PLEASE READ THIS END USER LICENCE AGREEMENT ("EULA") CAREFULLY BEFORE USING THE NAVIGATION SYSTEM.
This is a licence agreement between you and Hyundai Autoever, CORP. including its affiliates ("COMPANY") regarding a copy of the COMPANY navigable map database and/or Online contents together with associated software, media and explanatory printed documentation published by COMPANY(jointly the "Product"). The Product is provided for your personal, internal use only and not for resale. It is protected by copyright and is subject to the following terms which are agreed to by you, on the one hand, and COMPANY and its licensors (and their licensors and suppliers) (collectively, "Licensors") on the other hand.
By using the Product, you accept and agree to all terms and conditions in this End User Licence Agreement ("EULA"). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST PROMPTLY EXIT THE PRODUCT OPERATION PROGRAMME AND DO NOT USE OR ACCESS TO THE PRODUCT. YOU AGREE THAT YOUR RIGHTS UNDER THIS EULA MAY BE TERMINATED AUTOMATICALLY WITHOUT NOTICE IF YOU FAIL TO COMPLY WITH ANY TERM(S) OF THIS EULA.
Personal Use Only. You agree to use this Product together with COMPANY’s authorised application 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 agree not to otherwise reproduce, copy, modify, decompile, disassemble, create any 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. You may not assign this EULA or any of the rights or licences granted under this EULA, except when installed in the system for which it was created.
Restrictions. Except where you have been specifically licenced to do so by COMPANY, and without limiting the preceding paragraph, you may not use the Product (i) 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 (ii) 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.
COPYING OR USE OF THE PRODUCT EXCEPT AS PERMITTED BY THIS EULA IS UNAUTHORISED AND IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY OR USE THE PRODUCT WITHOUT COMPANY’S PERMISSION, EXCEPT AS PERMITTED BY THIS EULA, YOU ARE VIOLATING THE LAW AND LIABLE TO COMPANY AND ITS LICENSORS FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.
THE PRODUCT MAY INCLUDE ENFORCEMENT TECHNOLOGY DESIGNED TO PREVENT (i) UNAUTHORISED COPYING OF THE PRODUCT ONTO PHYSICAL STORAGE MEDIA OR VIA TRANSFER OVER THE INTERNET OR OTHER ELECTRONIC COMMUNICATION MEANS AND/OR (ii) ILLEGAL USAGE OF THE PRODUCT OTHER THAN BY A SPECIFICALLY AUTHORISED DEVICE. YOU AGREE THAT COMPANY MAY USE THESE MEASURES TO PROTECT COMPANY AND THE LICENSORS AGAINST COPYRIGHT INFRINGEMENT.
Uploads. The Product may provide functionality through which you are able to upload certain information about your use of the Product (collectively, "Uploads") to COMPANY’s servers or receive other services from COMPANY (collectively, the "Services"). If you use such functionality, you authorise COMPANY to retain your Uploads on its servers. COMPANY will have no obligation to provide any Services, may change the form and nature of any Services at any time with or without notice to you, will have no liability whatsoever to you for any failure of the Product or Services to transmit your Uploads to or from COMPANY’s servers, may cease providing any Services at any time with or without notice to you, and will have no obligation to retain your Uploads (or any other materials you may provide to COMPANY) on its servers or return your Uploads (or any other materials you may provide to COMPANY) to you before deleting them from its servers.
Storage. The Product may provide functionality through which you are able to store information (such as images) on the device on which you are using the Product. COMPANY will have no liability whatsoever to you or any third party for any failure of the Product to store any such information on such device.
Personal Information. By using the Product, you agree to the collection, retention and processing of your personal data (including the location of your mobile device) by COMPANY and to the storage and processing of such personal information on computers located outside of the country in which you reside. Even though COMPANY has taken steps intended to protect your personal information from being intercepted, accessed, used, or disclosed by unauthorised persons, COMPANY cannot fully eliminate security risks associated with your personal information and cannot guarantee that its systems will not be breached. See [*] for additional information regarding COMPANY’s use of your personal information.
WARNING. THE PRODUCT REFLECTS REALITY AS EXISTING BEFORE YOU RECEIVED THE PRODUCT AND IT COMPRISES DATA AND INFORMATION FROM GOVERNMENT OTHER SOURCES. ACCORDINGLY, THE PRODUCT MAY CONTAIN INACCURATE OR INCOMPLETE INFORMATION DUE TO THE PASSAGE OF TIME, CHANGING CIRCUMSTANCES, SOURCES USED AND THE NATURE OF COLLECTING COMPREHENSIVE GEOGRAPHIC PRODUCT, ANY OF WHICH MAY LEAD TO INCORRECT RESULTS. THE PRODUCT AND SERVICES MAY NOT TO BE USED FOR SAFETY OF LIFE APPLICATIONS, OR FOR ANY OTHER APPLICATION IN WHICH THE ACCURACY OR RELIABILITY OF THE PRODUCT OR SERVICES COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. DO NOT ATTEMPT TO CONFIGURE THE PRODUCT OR INPUT INFORMATION WHILE DRIVING. FAILURE TO PAY FULL ATTENTION TO THE OPERATION OF YOUR VEHICLE COULD RESULT IN DEATH, SERIOUS INJURY, OR PROPERTY DAMAGE. BY USING THE PRODUCT, YOU ASSUME ALL RESPONSIBILITY AND RISK.
Disclaimer of Warranty. The Product is provided to you "as is," and you agree to use it at your own risk. SUBJECT TO THE APPLICABLE LAWS, COMPANY AND THE LICENSORS 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, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USEFULNESS, USE OR RESULTS TO BE OBTAINED FROM THE PRODUCT, OR THAT THE PRODUCT OR SERVER WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE PRODUCT OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO COMPANY AND THE LICENSORS TO GRANT THE LICENCE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAWS, COMPANY AND THE LICENSORS 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, INCURRED BY YOU OR ANY THIRD PARTY WHICH MAY ARISE IN CONNECTION WITH OR RESULT FROM THE USE OR POSSESSION OF THE PRODUCT; OR FOR ANY LOSS OF DATA, PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PRODUCT, ANY DEFECT IN THE PRODUCT, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF COMPANY OR THE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Exclusions. Some jurisdictions do not allow certain warranty exclusions or the limitation or exclusion of liability, so to that extent the above exclusion may not apply to you. To the extent that COMPANY may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of COMPANY’s liability shall be the minimum permitted under such applicable law. The disclaimer of warranty and limitation of liability set forth in this EULA does not affect or prejudice your statutory rights where you have acquired the Product otherwise than in the course of business.
Third-Party Copyright Notices. The third-party sourced data has been incorporated into or made a part of the Product and is being sublicensed to you subject to the terms and conditions of this EULA. In this regard, you shall not remove or tamper with any intellectual property rights notice attached or used in relation to data supplied by the Licensors.
Entire Agreement. This EULA is the entire agreement between COMPANY (and the Licensors) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all previous written or oral communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Product) with respect to such subject matter.
Governing Law. This EULA shall be governed by the laws of the jurisdiction in which you reside at the date of acquisition of the Product. Should you at that moment reside outside the European Union or Switzerland, the law of the jurisdiction within the European Union or Switzerland where you acquired the Product shall apply. In all other cases, or if the jurisdiction where you acquired the Product cannot be defined, the laws of the Republic of Korea shall apply. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. The courts competent at your place of residence at the time you acquired the Product shall have jurisdiction over any dispute arising out of, or relating to this EULA, without prejudice to COMPANY’s right to bring claims at your then current place of residence.
Export Control. You agree not to export or re-export from anywhere any part of the Product in any form except in compliance with applicable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce.
Miscellaneous. If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this EULA will remain in full force and effect. Failure by COMPANY to prosecute any right with respect to a default hereunder will not constitute a waiver by COMPANY of the right to enforce rights with respect to the same or any other breach. No refunds or replacements will be permitted on damaged Product.
U.S. Government End Users. If the Product 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 Product and related documentation are "Commercial Items" as that term is defined at 48 C.F.R. ("FAR") 2.101. This Product and related documentation are licenced to the United States Government end users (a) only as "Commercial Items" and (b) with only those rights as are granted to all other end users in accordance with this EULA, and each copy of Product 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: Hyundai Autoever, CORP.
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: (135-847), 510, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea. This Product and related documentation are commercial items as defined in FAR 2.101 and is subject to this EULA under which this Product is provided.
©2013-2024 Hyundai Autoever. All rights reserved
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 COMPANY prior to seeking additional or alternative rights in the Product.
End-User Terms Required by HERE. The Product utilizes map data and/or online contents that COMPANY licences from HERE and the following copyright notices apply to such map data and/or online Contents data (the "HERE Data"):
© 2013-2024 HERE. All rights reserved. please see the detailed as follow :
https://legal.here.com/terms/serviceterms/ and https://legal.here.com/privacy/policy/
End-User Terms Required by TomTom. The Product utilizes map data and/or Online contents that COMPANY licences from TomTom and the following copyright notices apply to such map data and/or online contents (the "TomTom Data"): please see the detailed as follow : http://www.tomtom.com/en_gb/legal/eula/
The use of speed camera and danger zone alerts is prohibited in certain jurisdictions. Any use of this service is strictly at your own risk.
Hyundai-AutoEver and its supplier TomTom Global Content B.V. assume no liability for the use of this service.
Hyundai-AutoEver shall be entitled to immediately cease the service at any time without liability."
© Copyright. Based on data provided under licence from PSMA Australia Limited (www.psma.com.au).
The Product for Europe utilizes certain Parking contents that COMPANY licences from Parkopedia and the following copyright notices apply to such Parking Contents data (the "Parkopedia Data"):
© 2021-2024 Parkopedia. All rights reserved.