Your Garmin product may be equipped to receive traffic data. If it is so equipped, the following terms and conditions apply to your use of your Garmin product.
HERE North America LLC and/or its affiliates including Traffic.com (formerly NavTeq Traffic) (“HERE”) or another third party traffic provider (“TPTP”) holds the rights to the traffic information (“Traffic Data”). If you receive RDS/TMC, DAB or HD RadioTM Traffic Data, HERE or the TPTP holds the rights to the RDS/TMC, DAB or HD Radio networks through which it is delivered to your Garmin product. 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 Garmin 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 Garmin 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 either HERE or TPTP (and their respective 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 (b) the RDS/TMC, DAB or HD Radio networks, (c) your violation of this Agreement, and/or (d) any unauthorized or unlawful activities by you in connection herewith.
The Traffic Data is informational only. You assume all risk of use. HERE or TPTP (and their respective 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 or TPTP (and their respective affiliates) and Garmin Ltd. (and its subsidiaries) make no warranty of fitness or compatibility of the Traffic Data with the Garmin product and no warranty that the Traffic Data will operate properly as integrated and interfaced with the Garmin product. In addition, HERE or TPTP (and their respective 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 or TPTP (and their respective 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 Garmin 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 or TPTP (and their respective 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 Garmin product or the Traffic Data, even if HERE or TPTP or Garmin have been advised of the possibility of such damages.
Lifetime or Onetime Traffic. If you purchase or your Garmin product is pre-loaded with “lifetime” or “one-time” traffic, you will receive Traffic Data for the useful life of your Garmin traffic receiver (as long as you own a compatible Garmin product) or as long as Garmin receives Traffic Data from its third party content supplier, whichever is shorter. A traffic receiver’s “useful life” means the period during which the receiver (a) has the required technical capabilities to utilize current traffic data service and (b) is capable of operating as intended without major repairs. Traffic Data is not available for all areas. Garmin may terminate your traffic subscription immediately if you violate any of the terms of this Agreement. Your traffic subscription may not be transferred to another person or another Garmin product. Traffic services are in part geographically restricted to the reception and transmission range of the radio transmitters in the case of broadcast RDSTMC, HD or DAB traffic, operated by the respective network operators or cellular carriers in the case of connected traffic over IP. They can be affected by atmospheric conditions, topographical conditions, the vehicles’ location or position as well as obstacles (for example bridges and buildings).
Governing Law for HERE Traffic Data. The above terms and conditions concerning HERE Traffic Data 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 all disputes, claims and actions arising from or in connection with the HERE Traffic Data provided to you hereunder.
HERE Traffic Data Government End Users. If the HERE 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 HERE Traffic 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 HERE 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
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.
© 1987-2014 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 HERE Traffic Data.
HERE is a trademark in the U.S. and other countries. © 1987-2014 HERE. All rights reserved.
HD Radio Technology manufactured under license from iBiquity Digital Corporation. U.S. and Foreign Patents. HD Radio™ and the HD, HD Radio, and "Arc" logos are proprietary trademarks of iBiquity Digital Corp.
Garmin® is a trademark of Garmin Ltd. or its subsidiaries, registered in the USA and other countries. This trademark may not be used without the express permission of Garmin. All other company names and trademarks mentioned or referenced in this documentation are the properties of their respective owners. All rights reserved.