The Global Knowledge Repository (“GKR”), which includes location reference data, lexicons and context rule files, is provided for internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions that are agreed to by you as one party and Loqate and its licensors (including their licensors and suppliers) as the other party.
Terms and Conditions
Loqate hereby grants to you a license to use the GKR for (a) the Term (b) the geography and (c) the number of Production Servers specified herein. At the end of the Term, the license shall automatically renew unless You notify Loqate of your intention not to renew at least 60 days prior to the renewal date. This license includes only the GKR used in the Loqate Engine by the Oracle Enterprise Data Quality software (“OEDQ”).
Production Server. A Production Server shall mean any Server placed into live, productive or commercial use including servers utilized for load balancing purposes. Production Servers do not include development, backup, test, staging and inactive failover servers.
Internal Business Use Only. You agree to use this GKR together with OEDQ solely for the internal business 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 or reverse engineer any portion of this GKR, 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, and without limiting the preceding paragraph, you may not use this GKR 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. You may only use the GKR with OEDQ.
Warning. The GKR 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 GKR is provided to you “as is,” and you agree to use it at your own risk. Loqate 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 GKR, or that the GKR or server will be uninterrupted or error-free.
Disclaimer of Warranty: LOQATE 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: LOQATE 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 LOQATE 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 shall not export from anywhere any part of the GKR or any direct product thereof except in compliance with, and with all licenses and approvals required under, 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. To the extent that any such export laws, rules or regulations prohibit Loqate from complying with any of its obligations hereunder to deliver or distribute GKR, such failure shall be excused and shall not constitute a breach of this Agreement.
Entire Agreement. These terms and conditions constitute the entire agreement between Loqate (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 State of California 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 the State of California for any and all disputes, claims and actions arising from or in connection with the GKR provided to you hereunder.
Government End Users. If the GKR 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, the GKR 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 GKR 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.
Schedule A – Copyright Notices
Terms for other Countries
Copyright Notices
The LICENSEE hereby acknowledges the following Copyright notices may apply to reference data in the GKR.
Territory Notice
Australia ”Copyright. Based on data provided under license from PSMA Australia Limited (www.psma.com.au).“
Austria “© Bundesamt für Eich- und Vermessungswesen”
Brazil Points of Interest (“POIs”). “Conteudo fornecido por MapLink”. Brazil POIs may not be used in publicly accessible, Internet-based web sites whereby consumers obtain POI data for their personal use.
Canada ICopyright Notice: “This data includes information taken with permission from Canadian authorities, including © Her Majesty, © Queen’s Printer for Ontario, © Canada Post, GeoBase Ò.”
End-User Terms:
The Data may include or reflect data of licensors, including Her Majesty and Canada Post. Such data is licensed on an “as is” basis. The licensors, including Her Majesty and Canada Post, 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 and Canada Post, 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 and Canada Post, 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.
End User shall indemnify and save harmless the licensors, including Her Majesty the Queen, the Minister of Natural Resources of Canada and Canada Post, 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.
Croatia, Cyprus,
Estonia, Latvia, “© EuroGeographics”
Lithuania, Moldova,
Poland, Slovenia
and/or Ukraine
France “source: Géoroute® IGN France & BD Carto® IGN France”
Germany “Die Grundlagendaten wurden mit Genehmigung der zuständigen Behörden entnommen” or “Die Grundlagendaten wurden mit Genehmigung der zustaendigen Behoerden entnommen.”
Great Britain “Based upon Crown Copyright material.”
Greece “Copyright Geomatics Ltd.”
Hungary “Copyright © 2003; Top-Map Ltd.”
Italy “La Banca Dati Italiana è stata prodotta usando quale riferimento anche cartografia numerica ed al tratto prodotta e fornita dalla Regione Toscana.”
Norway “Copyright © 2000; Norwegian Mapping Authority”
Portugal “Source: IgeoE – Portugal”
Spain “Información geográfica propiedad del CNIG”
Sweden “Based upon electronic data National Land Survey Sweden.”
Switzerland “Topografische Grundlage: Bundesamt für Landestopographie.”
EOT;
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