A. General terms and conditions

1. General

All Deliveries and Services, provided to the Customer by Garmin Würzburg GmbH (hereinafter referred to as “Garmin Würzburg”), is governed exclusively by the General Sales Conditions as they are applicable at the time the order is placed.

2. Offers/ Conclusion of Contract/ Forms of Contract

2.1    Garmin Würzburg’s offers are non-binding. By placing the order, the customer conveys a binding contract offer. Its binding acceptance or rejection is made through a written or printed confirmation. Acceptance can also be expressed through the delivery of the goods.

2.2    In electronic commerce or in the case of distance contracts, i.e. contracts that are between a company and a consumer under the exclusive use of means of remote communication, NVIGON accepts the customer’s orders under the current conditions on this site. In case of writing and printing errors on this Internet site entitled to rescind.

2.3    Information, contained in brochures, advertising and on the Garmin Würzburg website, puts Garmin Würzburg under no obligation and can be changed at any time without prior notice. Garmin Würzburg reserves the right to change promotional brochures, advertising, and software/products described on our website at any time without prior notice.

3. Deliveries

3.1    Specified delivery dates are non-binding unless otherwise expressly agreed.

3.2    Deliveries are made from the warehouse to the address given by the customer.  Deliveries incur postage and packaging fees; the exact amount for each delivery is showed separately.

3.3    If Garmin Würzburg does not deliver at the specified delivery date, the customer is entitled to withdraw from the contract, after expiry of one week and an additional grace period of at least three weeks.

3.4    War, strikes, lockouts, raw material or energy shortages, interruption of operations and transport disruptions, instruction of higher authority and all other cases of force majeure, that impede or delay the production or shipping of the goods or render the production or shipping uneconomical without it being any fault on part of Garmin Würzburg, Garmin Würzburg is exempt from the obligation to deliver for the duration and the extent of the disturbance. Should the disturbance exceed the term of two months, both parties are entitled to withdraw from the contract. The customer’s statutory rights of rescission, justified at an earlier point in time, remain unaffected.  In case of partial or complete loss of sources of Garmin Würzburg, Garmin Würzburg is not obliged to obtain supplies from other suppliers. In this case, Garmin Würzburg is entitled to distribute the existing stocks, taking into account its own requirement.

4. Prices

4.1    All given prices are gross prices (price including VAT). In principal, these prices do not include shipping, insurance and installation cost. These costs are billed separately.  Distance contracts show a final price that includes VAT, postage and packaging when an order is placed.

4.2    Updating the internet site www.navigon.com invalidates all previous prices and other information about goods.  Relevant are only the prices, valid at the time the binding order is placed.

5. Right of Withdrawal

5.1    As a consumer according to §13 of the German Civil Code (BGB), the customer,  in cases defined by law, is entitled to withdraw his declaration of intent to order,  without giving reasons, within 2 weeks after receiving the goods. In addition to the receipt of the goods, a proper cancellation policy in text form has to be provided before the withdrawal period begins. The withdrawal has to be made in writing or by returning the goods ordered. In order to ensure that the withdrawal period is complied with, goods have to be returned or the notice of withdrawal has to be sent back within the time limit. In case of a written notice of withdrawal, the customer is required to send back items that are possible to be shipped by post, immediately or within seven (7) days at the latest, to

Garmin Würzburg GmbH
Kundendienststelle Würzburg
Beethovenstraße 1b
97080 Würzburg

The return is at the expense and risk of Garmin Würzburg. The customer, however, has to bear the cost of the return if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed the value of forty (40) Euros or if at the of the point in time the notice of withdrawal is given, if the order value exceeds that price, the customer has not rendered the trade-off or a contractual agreed partial payment.
5.2    The customer has to compensate for loss, consumption, sale, burdening, processing, conversion or deterioration of the goods. This also applies to deterioration through proper utilisation of the goods or return without the original packaging. Therefore, please keep the original packaging and use the goods only, when you have decided not to make use of your right to withdraw.  If the customer has used the goods before exercising his right to withdraw, Garmin Würzburg is entitled to claim compensation from the customer.  If the customer merely tests the goods and does not use them beyond that, obligation to pay compensation does not apply.
5.3    A right to withdrawal according to clause 5.1 does not apply if (I) goods delivered are made to customer specifications or (II) the goods are explicitly tailored to the personal needs of the customer or by his nature are not suitable for return or (III) upon software delivery, the data storage medium was unsealed by the customer or a third party. Software, made available for download by Garmin Würzburg, are deemed unsealed when the download has been completed, unless the customer can prove that he cannot or will not use of the software in any way or  (IV) in other cases in accordance with § 312d section 4 of the German Civil Code (BGB).

6. Payment

6.1     The net cash purchase price is payable immediately upon order, without deductions. Cheques and drafts are not accepted.

6.2    Payments are only in accordance with the contract, if the amount is paid in cash or if one of Garmin WürzburgS accounts is credited unconditionally within the payment deadline.  According to § 367 of the German Civil Code (BGB) payments are entered initially against the costs, then the interest and lastly against the principal claim.

6.3    The customer is entitled to offset only if the counterclaim is undisputed or legally binding.  The customer is entitled to exercise a lien insofar as his counterclaim is based on the same contractual relationship.

7. Retention of title

7.1    Until payment is received in full, Garmin Würzburg claims full ownership of the goods.

7.2    Until the goods are released to the customer, the customer is not permitted to sell, pledge, rent or loan the goods or make them available to third parties in any way. The modification and processing or conversion of the goods by the customer is always in the name of and on behalf of Garmin Würzburg. In this case the expectant right of the customer of the purchase of the reformed item continues. For retained goods that are amalgamated, modified or combined with goods, belonging to third parties, Garmin Würzburg acquires joint ownership of the resulting products in the amount of the invoice value of the retained goods in relation to the costs of the other materials.

7.4    Garmin Würzburg has the right to otherwise dispose of goods, for which ownership was claimed, after a reasonable period of time.

7.5    Excising the right to “Retention of Title”, when in doubt, does not count as a cancellation of the contract.

7.6    Should the retained goods be seized by a third party, the customer is obliged to inform Garmin Würzburg of said occurrence immediately.  If the third party is not able to reimburse Garmin Würzburg’s judicial and extrajudicial costs of a claim under § 771 of the Code of Civil Procedure (ZPO), the customer is liable for Garmin Würzburg’s loss.

8. Warranty

8.1    Claims of the customer against Garmin Würzburg in case of defects of quality are governed by the provisions of law within the statutory periods as far as the following provisions do not deviate from them.

8.2    Damages caused by improper use or actions of the customers which are in breach of contract, during installation, connection, operation or storage do not justify any claims against Garmin Würzburg. The inadequacy and lack of conformity is determined primarily through the information provided by Garmin Würzburg.

8.3    When a customer purchases a used item, rights to liability claims based on defects are subject to the statute of limitations of one year after receipt of goods. Aforementioned provisions do not apply where the law mandates a longer period.

8.4    If the customer is a business and if the ordered services are used for commercial or independent self-employed activities, liability claims based on defects are subject to a statute of limitations of one year after receipt of the new product. Aforementioned provisions do not apply where the law mandates a longer period. With regards to used products, businesses are not entitled to liability claims based on defects.

8.5    Accumulators, potentially built into the product, have, depending on type of use, differing service lives and durability. Therefore, the warranty for the properties of the accumulators and their service lives is limited to a period of 6 months.

8.6    The guarantee period amounts to 24 months from the point in time of transfer to the initial purchaser. The indication of a fault shall not rise to an extension. If Garmin Würzburg (or a third party authorized by Garmin Würzburg) repairs the product, then the guarantee entitlement for the product shall be valid until the end of the original guarantee period, or three months after reception of the product, depending on which period is the longer.

8.7    An obligation to fulfilment of the guarantee services only exists where the faulty product is . presented within the guarantee period, together with the original packaging and the original invoice or cash register receipt, and a correctly filled out guarantee card. Garmin Würzburg (or a third party authorized by Garmin Würzburg) reserves the right to refuse guarantee services if these documents are not presented or if they are incomplete or unreadable. Garmin Würzburg (or a third party authorized by Garmin Würzburg) also reserves the right to refuse guarantee services in cases where the serial number on the product has been changed, deleted, removed or made unreadable.

8.8    Personal data as well as downloaded files and other data may be lost during the fulfilment of guarantee services by way of repair or exchange of the product. In order to prevent damage to removable storage media or external data carriers or the loss or deletion of data, please remove these and create back up copies of all data stored on the product before the product is presented for the fulfilment of guarantee services. Garmin Würzburg (or a third party authorized by Garmin Würzburg) accepts no liability for data loss of any kind and is not liable for claims for compensation for such losses of data.

8.9    Garmin Würzburg (or a third party authorized by Garmin Würzburg) may replace defective products or components by new or exchange products (functionally equivalent, overhauled products) or with new replacement components or exchange items. Replaced products or components will be the property of Garmin Würzburg.

9. Repair/ Shipping of Goods to NAVIGON

9.1    If the customer sends goods in for repair, in case of valid liability claims based on defects, no costs for repair or shipping accrue for the customer).

9.2    If Garmin Würzburg determines through the inspection of the goods sent in for repair that (I) the fault was caused by the customer or (II) the statute of limitations for liability claims based on defects has expired or (III) the goods are free from defects, the customer has to bear the costs Garmin Würzburg incurs.  Regarding (I) and (II) Garmin Würzburg will provide the customer with an estimation of costs, no less than EUR 35, - for shipping and inspection. Regarding (III) a fixed charge in the amount of EUR 35, - for shipping and inspection will accrue. In both cases, if costs are demonstrably less, the customer is only obliged to pay the lower amount.

9.3    Garmin Würzburg reserves the right of retention of goods until the costs Garmin Würzburg incurred through the returning of goods by the customer have been paid i.e. goods will only be returned to the customer after payment, of costs Garmin Würzburg incurred, has been made.

10. Product Liability

Garmin Würzburg is liable according to statutory provisions under following stipulations:
(I)  In case of the negligent causing of damage by Garmin Würzburg, Garmin Würzburg is only liable in case of violation of an obligation, essential to the contract (cardinal obligation) and only for damages that are reasonably predictable at the time of conclusion of contract.  Liability towards the entirety of injured persons is limited to the amount of 10 Million Euros per incident. If the damages arisen through the incident exceed that limit, the compensation will be reduced by the ratio in which the amounts of damages are to the maximum limit. (II) The limitation of liability does not apply if the violation was culpable or grossly negligent as well as in the event of violation to life, body and health.

11. Software

Software relinquished to the customer (through download or bundled with hardware) in addition to these General Conditions of Sale subject to the Special Provisions for the Purchase of Software.  (EULA)

12. Data Protection

Garmin Würzburg advises the customer that, data, recorded in the scope of the conclusion of contract for the fulfilment of the obligations under the purchase agreement in accordance to the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG), is processed and used. For more details and to ascertain contact persons at Garmin Würzburg please read our Data Protection Act.

13. Place of Jurisdiction

Hamburg, Germany, is the exclusive place of jurisdiction, (I) insofar as the customer is a merchant or (II) a consumer that does not have a general court of jurisdiction within Germany, (III) after conclusion of the contract, moved his domicile or habitual residence abroad, or (IV) if his domicile or habitual residence is unknown at the time, legal proceedings are initiated.

14. Miscellaneous

14.1    Should one or more of the provisions of these General Standard Terms and Conditions be or become invalid, the validity of the remainder of this agreement will not become invalid. In such a case the invalid provision is replaced by the relevant statutory provision.

14.2    The terms and conditions and all legal relations between Garmin Würzburg and the customer are subject to the substantive law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Registered/Servable Address:

Garmin Würzburg GmbH
Beethovenstraße 1a
97080 Würzburg
Germany

B. Provisions for the Purchase of Software (End User Licence Agreement, EULA)

 

The download that you are making may contain an application, content, or both. If an application, the application, including its embedded software (collectively, the “Application”) is owned by Garmin Würzburg GmbH or its affiliates and sold under the brand Navigon (collectively, “Navigon”). The map data that may be embedded in the Application or downloaded separately (the “Map Data”) is either owned by Navigon, or by HERE North America LLC and/or its affiliates (“HERE”) or another a third party and licensed to Navigon. Navigon also owns, or licenses from third party providers, information, traffic data, text, images, graphics, photographs, audio, video, images and other applications and data that may be embedded in the Application or downloaded separately (“Other Content”). The Map Data and Other Content are collectively the “Content”. Both the Application and Content are protected under copyright laws and international copyright treaties. The Application and Content are licensed, not sold. The structure, organization and code of the Application are valuable trade secrets of Navigon and/or its third-party providers. The Application and Content are provided under this License Agreement and are subject to the following terms and conditions which are agreed to by End User (“you” or “your”), on the one hand, and Navigon and its licensors and affiliated companies of Navigon and its licensors, on the other hand. If you are obtaining the Application from a third party application vendor (the “Application Vendor”), you acknowledge that Navigon, and not the Application Vendor, is responsible for the Application. Navigon’s licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Navigon and its licensors, are each a direct and intended third party beneficiary of this Agreement and may enforce their rights directly against you in the event of your breach of this Agreement.

IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING THIS APPLICATION. PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE, INSTALL OR USE THE APPLICATION.

Certain Navigon Products contain OpenStreetMap data. Please see “OpenStreetMap Terms and Conditions” below for the terms and conditions applicable to such OpenStreetMap Data Products.

License Terms and Conditions

Navigon (“we” or “us”) provides you with the Application and the embedded or accompanying Content, including any “online” or electronic documentation and printed materials, and grants you a limited, non-exclusive license to use the Application and Content in accordance with the terms of this Agreement. You agree to use the Application and Content for solely personal use, or if applicable, for use in your business’ internal operations, and not for service bureau, time-sharing, resale or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy the Application and Content only as necessary for your 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 Application or Content in any way. Your use of the Application must not violate any usage rules of the Application Vendor or any other third party service provider you use to enable the Application. You agree not to otherwise reproduce, copy, archive, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application and Content, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws. Navigon also reserves the right to discontinue offering any Content supplied by any third party supplier if such supplier ceases to supply such content or Navigon’s contract with such supplier terminates for any reason.

1. Support

If purchased your Application from a third party application vendor and you need operational or technical support and assistance regarding the installation, un-installation, use or operation of the Application, or if you have questions, complaints or claims regarding the Application, contact Navigon at: mobileapplications.support@garmin.com.

2. Acknowledgement of Application Vendor Responsibility

If you purchased your Application from a third party application vendor, the Application Vendor shall have no maintenance or support obligation for the Application, nor any responsibility for addressing any claims from you or any third party regarding the possession or use of the Application, including without limitation product liability claims, claims of failure to meet legal or regulatory requirements or consumer protection laws claims. Further, the Application Vendor shall have no responsibility regarding third party claims of intellectual property rights violations as a result of your possession or use of the Application.

3. Restrictions 

Except where you have been specifically licensed to do so by Navigon, and without limiting the preceding paragraphs, you may not use the Application or Content with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, and which are capable of dispatch, fleet management or similar applications where the Content is used by a central control center in dispatching a fleet of vehicles. In addition, you are prohibited from renting or leasing the Application or Content to any other person or third party.

4. Data Transfer

Certain services in connection with the Application may result in a transfer of data from your device. In that case, additional charges for data transfer may arise, depending on your device data plan. Please contact your data provider for details about any additional charges.

5. Navigon Live Services

Navigon Live services may be a “one-time” Live services purchase or a purchase for a specific term. If a “one-time” purchase is made, purchasers of that service will receive Navigon Live services for the (i) useful life of the purchaser’s Navigon device, (ii) the useful life of the purchaser’s smartphone, or (iii) as long as Navigon receives Content from its third party content supplier, whichever of the three periods is shortest. A device’s “useful life” means the period during which the device (a) has the required technical capabilities to utilize the then-current Live services (including a Live services-compatible operating system) and (b) is capable of operating as intended without major repairs. A device will be deemed to be out of service and its useful life to be ended if no updates have been downloaded for such device for a period of 24 months or more. Navigon Live services content not available for all areas. Navigon may terminate a Live services subscription immediately for violations of the Live services terms of use. Live services subscriptions may not be transferred to another person or another Navigon product, even if the application remains on the smartphone. Navigon Live Services are in part - depending on the service - geographically restricted to the reception and transmission range of the radio transmitters, operated by the respective network operators. They can be affected by atmospheric conditions, topographical conditions, the vehicles location or position as well as obstacles (for example bridges and buildings). Some services are generally not available in every country. The extent and characteristics of the available services differ from country to country. You are personally responsible for the compliance with the laws and regulations of the respective countries.

6. No Warranty

The Application and the Content are provided to you “as is,” and you agree to use them at your own risk. Navigon and its licensors including the licensors, service providers, channel partners and suppliers, and affiliated companies of Navigon and its 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, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Application or Content, or that the Content or server will be uninterrupted or error-free. The Application and Content are intended to be used only as supplementary travel aids and must not be used for any purpose requiring precise measurement of direction, distance, location or topography. NAVIGON MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE MAP DATA OR THE CONTENT.

7. Disclaimer of Warranty

NAVIGON AND ITS LICENSORS, including the licensors, service providers, channel partners, suppliers and affiliated companies of Navigon and its licensors, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY NAVIGON OR ITS SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

8. Disclaimer of Liability 

NAVIGON AND ITS LICENSORS , including the licensors, service providers, channel partners, suppliers and affiliated companies of Navigon and its 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, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE APPLICATION; 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 THE APPLICATION, ANY DEFECT IN THE CONTENT OR INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION OR FROM DEFECTS OR ERRORS IN THE APPLICATION, EVEN IF NAVIGON OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NAVIGON’S AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION OR THE CONTENT SHALL NOT EXCEED $1.00. 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. If you purchased your Application from a third party application vendor, THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE APPLICATION PURCHASE PRICE.

9. Collection of Information

We may collect information relating to how often you use the Application or the frequency with which certain applications and features of the Application are used. This information would be collected anonymously, in a way that does not personally identify you. We may use this information to detect broad user trends and to otherwise enhance our products or applications. The use of location-based services on the Application, which may include weather, movie times, traffic information, fuel prices, or information regarding local events, will cause the physical location of your device to be collected in order to provide you with such location-based services. This location data is collected anonymously in a form that does not personally identify you. If you provide your consent then Garmin will collect and upload from your device information such as your location, speed and direction (known as “traffic probe data” or “floating car data”) in order to enhance the quality of the traffic data and other content provided by Garmin or content providers. If you provide your consent, then Garmin may also share this data with or sell this data to third parties. This data is shared and sold anonymously in a form that does not personally identify you. The collection and use of this location information are described in more detail in the privacy statement for the Application.

10. Disclaimer of Endorsement; Change of Content Providers

Reference to any products, services, processes, hypertext links to third parties or other Content by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Navigon or its licensors. Product and service information are the sole responsibility of each individual vendor. The HERE name and logo, the HERE and HERE ON BOARD trademarks and logos, and other trademarks and trade names owned by HERE North America LLC that are included in the Application may not be used in any commercial manner without the prior written consent of HERE. Providers of Map Data and Other Content may be changed by Navigon during the term of this Agreement, and your experience with the Content provided by a new provider may not duplicate your experience with the previous Content supplier.

11. Export Control 

You agree not to export from anywhere any part of the Content or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.

12. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Indemnity 

You agree to indemnify, defend and hold Navigon and its licensors, including the respective licensors, service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of Navigon and its licensors, 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 the Application or Content.

14. Map Data

Use of the Map Data is subject to certain restrictions and/or requirements imposed by third party suppliers and/or governmental or regulatory authorities as further set forth at https://legal.here.com/en-gb/terms/general-content-supplier-terms-and-notices .

15. Traffic

Navigon’s traffic service provider (the “Traffic Service Provider”) holds the rights to the traffic incident data included in the Content (the “Traffic Service Data”) and the 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 Service Data. You agree to indemnify, defend, and hold harmless the Traffic Service Provider (and its affiliates) and Navigon against any and all claims, damages, costs, or other expenses that arise directly or indirectly out of (a) your unauthorized use of the Traffic Service Data or the traffic network and/or (b) any unauthorized or unlawful activities by you in connection herewith.

The Traffic Service Data is informational only. You assume all risk of use. The Traffic Service Provider, Navigon, and their suppliers make no representations about content, traffic and road conditions, route usability, or speed.

Navigon and its Traffic Service Provider(s) make no warranty of fitness or compatibility of the Traffic Service Data with the Application you have chosen to download or your device and no warranty that the Traffic Service Data will operate properly as integrated and interfaced with the Application or your device . In addition, Navigon and its Traffic Service Provider(s) make no warranty with regard to the reliability, accuracy, exhaustiveness and completeness of the Traffic Service Data, which may contain inaccuracies and/or errors from time to time. To the maximum extent permitted by applicable law, any and all warranties of any kind whatsoever with regard to the Traffic Service Data are hereby expressly waived and excluded, including, but not limited to, those of merchantability, fitness for a particular purpose, accuracy or completeness of the Traffic Service Data, and/or a lack of viruses.

Navigon and its Traffic Service Provider(s) disclaim all liability for any loss, injury, or damage resulting from use of or inability to use the Application and Traffic Service Data as a result of weather difficulties, the destruction of transmitters and/or other broadcasting infrastructures, a natural disaster, and/or a lack of reliability, completeness or accuracy of the Traffic Service Data. In no event shall Navigon or its Traffic Service Provider(s) be liable to you or any other party for any compensatory, indirect, incidental, special, or consequential damages (including, without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Application or the Traffic Service Data, even if Navigon has been advised of the possibility of such damages.

C. Special Provisions - NAVIGON select

1. General

In cooperation with mobile operators and manufacturers of mobile phones, Navigon offers the possibility of licensing a special version of a Navigon application for selected mobile phones (“Navigon Select”) via their mobile network provider or mobile phone manufacturer.

2. Duration of the Software License

The general license period of Navigon Select is limited to 24 months. It is linked to the mobile phone. It will automatically be extended indefinitely if you, in addition to the base license, have purchased and activated further functions that are subject to charges. Those additional functions cannot be transferred to a new mobile phone. If you terminate the contract with your mobile phone provider prior to the end of the license period, the license ends automatically even if you have previously purchased further functions subject to charges. Individual mobile phone providers and manufacturers may offer extended licensing provisions for the benefit of their customer.

3. Costs

Navigon Select is usually offered without the imposition of a license fee. However, mobile phone operators cooperating with Navigon will verify the customer’s eligibility to use Navigon Select through regular authorization checks. During these authorization checks, small amounts of data are transmitted from the customer’s mobile phone to a verification server. Additional charges for data transfer may arise, depending on the customer’s mobile phone contract. For details about additional charges, such customers should contact their mobile phone provider.

HERE Traffic End User License Agreement

Your Application may be embedded with, or your downloaded Content may contain, HERE Traffic. If so, you are subject to the terms and conditions of the following End User License Agreement. In the event of a conflict between the terms set forth under “Traffic” above and those set forth under “HERE Traffic End User License Agreement”, the terms set forth under “HERE End User License Agreement” shall prevail.

HERE North America LLC and/or its affiliates including Traffic.com (“HERE”) holds the rights to the traffic incident data (“Traffic Data”). By subscribing to, receiving or otherwise accessing the Traffic Data, you acknowledge that you have read this Agreement, that you understand it, that your agree to be bound by the terms and conditions of this Agreement, and that you are at least 18 years of age. If you do not agree to the terms and conditions of this Agreement, decline the subscription or, if the subscription is bundled as part of your Navigon product, return the product within 7 days for a full refund to the dealer from which you purchased the product.

You agree to use the Traffic Data together with your Navigon product solely for personal, non-commercial purposes, and not for service bureau, time-sharing or other similar purposes. You may not modify, copy, scan, decompile, disassemble or reverse engineer any portion of the Traffic Data, or use any other method to reproduce, duplicate, republish, transmit, or distribute in any way any portion of the Traffic Data. You agree to indemnify, defend, and hold harmless HERE (and its affiliates) and Garmin Ltd. (and its subsidiaries) against any and all claims, damages, costs, or other expenses that arise directly or indirectly out of (a) your unauthorized use of the Traffic Data networks, (b) your violation of this Agreement, and/or (c) any unauthorized or unlawful activities by you in connection herewith.

The Traffic Data is informational only. You assume all risk of use. HERE (and its affiliates), Garmin Ltd. (and its subsidiaries), and their suppliers make no representations about content, traffic and road conditions, route usability, or speed.

The Traffic Data is provided to you “as is,” and you agree to use it at your own risk. HERE (and its affiliates) and Garmin Ltd. (and its subsidiaries) make no warranty of fitness or compatibility of the Traffic Data with the Application or your Navigon device and no warranty that the Traffic Data will operate properly as integrated and interfaced with the Application or your Navigon device. In addition, HERE (and its affiliates) and Garmin Ltd. (and its subsidiaries) make no warranty with regard to the reliability, accuracy, exhaustiveness, and completeness of the Traffic Data, which may contain inaccuracies and/or errors from time to time. To the maximum extent permitted by applicable law, any and all warranties of any kind whatsoever with regard to the Traffic Data are hereby expressly waived and excluded, including, but not limited to, those of merchantability, fitness for a particular purpose, accuracy or completeness of the Traffic Data, and/or a lack of viruses.

HERE (and its affiliates), Garmin Ltd. (and its subsidiaries), and their suppliers disclaim all liability for any loss, injury, or damage resulting from use of or inability to use the Navigon product and the Traffic Data as a result of weather difficulties, the destruction of transmitters and/or broadcasting infrastructures, a natural disaster, and/or a lack of reliability, completeness, or accuracy of the Traffic Data. In no event shall HERE (and its affiliates), Garmin Ltd. (and its subsidiaries), and their suppliers be liable to you or any other party for any compensatory, direct, indirect, incidental, special, or consequential damages (including, without limitation, indirect, direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the Application, your Navigon device or the Traffic Data, even if HERE or Navigon have been advised of the possibility of such damages.

Use of Traffic Data is subject to certain restrictions and/or requirements imposed by third party suppliers and/or governmental or regulatory authorities as further set forth at  https://legal.here.com/en-gb/terms/general-content-supplier-terms-and-notices .

Governing Law . The above terms and conditions shall be governed by the laws of the State of Illinois, 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 Illinois for any and alldisputes, claims and actions arising from or in connection with the Traffic Data provided to you hereunder.

Government End Users . If the Traffic 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 this Agreement, and the Traffic 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:

Notice of Use

Contractor (Manufacturer/ Supplier) Name: HERE Technologies

Contractor (Manufacturer/supplier) Address: 425 West Randolph Street, Chicago, Illinois 60606

This Data is a commercial item as defined in FAR 2.101 and is subject to the HERE Traffic™ End User License Agreement under which this Data was provided.

© HERE – 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 HERE prior to seeking additional or alternative rights in the Traffic Data.

HERE is a trademark in the U.S. and other countries. ©HERE; All rights reserved.

Additional Terms and Privacy Policy for Location Platform Services. If your Application is provided access to Location Platform Services, by accessing such Location Platform Services you agree to application of the HERE Technologies Terms of Service at https://legal.here.com/terms/serviceterms/  and the HERE Technologies Privacy Policy at https://legal.here.com/privacy/policy/

SUNA Traffic Channel

 Your device may be embedded with, or your downloaded Content may contain, or provide access to, the SUNA Traffic Channel, SUNA Predictive or other content or material provided by Intelematics (together, SUNA Products and/or Services). By activating, using and/or accessing SUNA Products and/or Services, in addition to the provisions stated above under “Traffic”, you must accept certain terms and conditions. The following is a brief summary of the terms and conditions that apply to you. To view the full terms and conditions relevant to your use of the SUNA Products and/or Services, please consult www.sunatraffic.com.au/termsandconditions/ (Website). In the event of a conflict between the terms set forth under “Traffic” above and those set forth in this SUNA Traffic Channel End User License Agreement, the terms of this SUNA Traffic Channel End User License Agreement shall prevail.

  1. Acceptance. By using SUNA Products and/or Services, you will be deemed to have accepted and agreed to be bound by the terms and conditions fully detailed at the Website.Intelematicsreserves the right to vary the terms and conditions in whole or in part from time to time and amendments will be effective immediately upon posting of the amended terms and conditions on the Website. Your continued use of the SUNA Products and/or Services will represent your agreement to be bound by the terms and conditions as varied.
  2. Intellectual Property. SUNA Products and/or Services are for your personal use. You may not record, or retransmit the content, nor use the content in association with any other traffic information or route guidance service or device not approved byIntelematics. You obtain no right of ownership in any Intellectual Property Rights (including copyright) in the data that is used to provide SUNA Products and/or Services.
  3. Appropriate Use. SUNA Products and/or Services are intended as an aid to personal motoring, and do not provide comprehensive or accurate information on all occasions. On occasions, you may experience additional delayas a result ofusing SUNA Products and/or Services. You acknowledge that it is not intended, or suitable, for use in applications where time of arrival or driving directions may impact the safety of the public or yourself.
  4. Use of SUNA Products and Serviceswhile Driving. You, and otherauthorised drivers of the vehicle in which SUNA Products and/or Services are installed and active, remain at all times responsible for observing all relevant laws and codes of safe driving. In particular, you agree to only actively operate SUNA Products and/or Services when the Vehicle is at a complete stop and it is safe to do so.
  5. Service Continuity and Reception of the SUNA Traffic Channel. Intelematicswill use reasonableendeavours to provide the SUNA Traffic Channel 24 hours a day, 365 days a year. The SUNA Traffic Channel may occasionally be unavailable for technical reasons or for planned maintenance. Intelematics will try to perform maintenance at times when congestion is light. Intelematics reserves the right to withdraw SUNA Products and/or Services at any time. Also, Intelematics cannot assure the uninterrupted reception of the SUNA Traffic Channel RDS-TMC signal at any particular location.
  6. Limitation of Liability. If you access and/or use SUNA Products and/or Services in Australia and except for any representations, guarantees and warranties that are implied by law into this Agreement, or which are otherwise granted to you by law (including any consumer guarantees provided under schedule 2 of the Australian Competition and Consumer Act (2010) (Australian Consumer Law)), which cannot lawfully be excluded or modified, the SUNA Traffic Channel is provided to you“as is”with all faults, and neither Intelematics nor its suppliers or the manufacturer of your device (collectively, Suppliers) provide any representations, guarantees or warranties in respect of the SUNA Traffic Channel. If you access and/or use SUNA Products and/or Services in New Zealand and where the SUNA Products and/or Services are supplied for personal, domestic, or household use or consumption, the consumer guarantees provided under Parts 1 and 4 of the Consumer Guarantees Act 1993 (New Zealand Consumer Law) will apply. Except for those guarantees which cannot lawfully be excluded or modified, none of Intelematics, the Device Manufacturer or any Data Supplier make or provide any other representations, guarantees or warranties in respect of the SUNA Traffic Channel.

Except for any liability that cannot lawfully be excluded (including any liability under the Australian or New Zealand Consumer Laws) under no circumstances will Intelematics or any of the Suppliers be liable to you for any loss, damages, claims or costs whatsoever (including any consequential, indirect or incidental damages), regardless of how they arise.

For the avoidance of doubt, nothing in this Agreement purports to modify or exclude the representations, guarantees and warranties and other legal rights provided to you under the Australian or New Zealand Consumer Laws or any other laws of any jurisdictions.

  1. Please Note. Great care has been taken in preparing this manual. Constant product development may mean that some information is not entirely up-to-date. The information in this document is subject to change without notice.
  2. Navigon Terms and Conditions. You shall indemnify, defend, and hold harmless Navigon againstany and allclaims, damages, costs, or other expenses that arise directly or indirectly out of (a) your unauthorized use of SUNA Products and/or Services, (b) your violation of this Agreement and/or (c) any unauthorized or unlawful activities by you in connection herewith.

The SUNA Products and/or Services are informational only. You assume all risk of use. Navigon makes no representations about content, traffic and road conditions, route usability, or speed.

Navigon makes no warranty of fitness or compatibility of SUNA Products and/or Services with the Application or your Navigon device and no warranty that SUNA Products and/or Services will operate properly as integrated and interfaced with the Application or your Navigon device. Navigon disclaims all liability for any loss, injury, or damage resulting from use of or inability to use the Application or your Navigon device as a result of weather difficulties, the destruction of transmitters and/or other broadcasting infrastructures, a natural disaster, and/or a lack of reliability, completeness or accuracy of the traffic data.

Term 

This Agreement is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by Navigon) or expires, or (ii) Navigon terminates this Agreement for any reason, including, but not limited to, if Navigon finds that you have violated any of the terms of this Agreement. In addition, this Agreement shall terminate immediately upon the termination of an agreement between Navigon and any third party from whom Navigon (a) obtains services or distribution necessary to support the Application, or (b) licenses Content. You agree, upon termination, to destroy all copies of the Content. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.

Entire Agreement

These terms and conditions constitute the entire agreement between Navigon and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Navigon and its licensors, 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

Unless specified otherwise in specific sections of this Agreement, the following Governing Law provisions shall apply to this Agreement:

(a) For European Union HERE Data

The above terms and conditions shall be governed by the laws of the Netherlands, 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 Netherlands for any and all disputes, claims and actions arising from or in connection with the HERE Data provided to you hereunder.

(b) For North American HERE Data and other non-European Union HERE Data

The above terms and conditions shall be governed by the laws of Illinois, 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 for any and all disputes, claims and actions arising from or in connection with the HERE Data provided to you hereunder.

(c) For disputes, claims and actions not related to the HERE Data

The above terms and conditions shall be governed by the laws of Kansas, 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 Kansas for any and all disputes, claims and actions arising from or in connection with the Application or Content. Any translation of this Agreement from English is provided as a convenience only. If this Agreement is translated into a language other than English and there is a conflict of terms between the English version and the other language version, the English version will control.

Government End Users

If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the U.S. Government, then use, duplication, reproduction, release, modification, disclosure or transfer of the Application and accompanying documentation is subject to restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 27.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data – commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this License Agreement, the construction that provides greater limitations on the Government’s rights shall control. The contractor/manufacturer is Garmin International, Inc., 1200 East 151st Street, Olathe, Kansas 66062, USA. If HERE Data is included, HERE North America LLC, 425 West Randolph Street, Chicago, Illinois 60606 USA is also a contractor/manufacturer.

Navigon® is a trademark of Garmin Ltd. or its subsidiaries, registered in the USA and other countries. These trademarks may not be used without the express permission of Navigon.

HERE is a trademark in the U.S. and other countries. All other company names and trademarks mentioned or referenced in this documentation are the properties of their respective owners. All rights reserved.

OpenStreetMap Terms and Conditions

Certain Navigon Products include OpenStreetMap data (http://www.openstreetmap.org). Navigon OpenStreetMap Products are not subject to the End User License Agreement Terms outlined above, but rather are subject to the Terms and Conditions set forth below. OpenStreetMap data is copyright OpenStreetMap contributors and is subject to the Open Database license (http://opendatacommons.org/licenses/odbl/1.0/). Any rights in individual contents of the OpenStreetMap data are licensed under the Database Contents License: http://opendatacommons.org/licenses/dbcl/1.0/.

No Warranty

Navigon OpenStreetMap Products are provided to you “as is,” and you agree to use it at your own risk. Navigon and its licensors including the licensors, service providers, channel partners and suppliers, and affiliated companies of Navigon and its 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, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Navigon OpenStreetMap Products, or that the Content or server will be uninterrupted or error-free. The Navigon OpenStreetMap Products are intended to be used only as a supplementary travel aid and must not be used for any purpose requiring precise measurement of direction, distance, location or topography. NAVIGON MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF MAP DATA IN THE OPENSTREETMAP PRODUCTS.

Disclaimer of Warranty

NAVIGON AND ITS LICENSORS, including the licensors, service providers, channel partners, suppliers and affiliated companies of Navigon and its licensors, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY NAVIGON OR ITS SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. 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. NAVIGON AND ITS LICENSORS , including the licensors, service providers, channel partners, suppliers and affiliated companies of Navigon and its 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, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE OPENSTREETMAP PRODUCTS; 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 THE OPENSTREETMAP PRODUCTS, ANY DEFECT IN THE CONTENT OR INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE OPENSTREETMAP PRODUCTS OR FROM DEFECTS OR ERRORS IN THE APPLICATION, EVEN IF NAVIGON OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NAVIGON’S AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE OPENSTREETMAP PRODUCTS OR THE CONTENT SHALL NOT EXCEED $1.00. 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. If you purchased your Application from a third party application vendor, THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE APPLICATION PURCHASE PRICE.

Collection of Information

We may collect information relating to how often you use the OpenStreetMap Products or the frequency with which certain features of the OpenStreetMap Products are used. This information would be collected anonymously, in a way that does not personally identify you. We may use this information to detect broad user trends and to otherwise enhance our products or applications. If you elect to use location-based services on the OpenStreetMap Products, which may include weather, movie times, traffic information, fuel prices, and information regarding local events, the physical location of your device will be collected in order to provide you with such location-based services. This location data is collected anonymously in a form that does not personally identify you. If you provide your consent then Garmin will collect and upload from your mobile device information such as your location, speed and direction (known as “traffic probe data” or “floating car data”) in order to enhance the quality of the traffic data and other content provided by Garmin or content providers. If you provide your consent, then Garmin may also share this data with or sell this data to third parties. This data is shared and sold anonymously in a form that does not personally identify you.