3RD PARTY NOTICES AND LICENSES

3RD PARTY NOTICES AND LICENSES

The following notices and licenses apply to the extent of third party data used in the Materials. These notices and licenses do not amend, supplement, waive or otherwise affect any provisions in the Terms of Use applicable to MapQuest or its affiliates, which take precedence over the following notices and licenses governing third party data:


OPEN SOURCE DATA/LICENSES

Map Data © Open Street Map and Contributors.  See www.openstreetmap.org/copyright.

Aerial Imagery Portions Courtesy NASA/JPL-Caltech and U.S. Depart. of Agriculture, Farm Service Agency

United Kingdom data contains Ordnance Survey data © Crown copyright and database right 2014.

JTS Topology Suite licensed under the GNU Lesser General Public License v3.

Part of Map dataset made with Natural Earth.

 

COMMERCIAL DATA/LICENSES

Major League Baseball trademarks and copyrights are used with permission of MLB Advanced Media, L.P.  All rights reserved.

Data © 2014 AND Products B.V. and AND Data Ireland, Ltd. All rights reserved.

Data © 2014 Pitney Bowes, Inc. All rights reserved.

data by infogroup, © 2014.

Listingz data © 2014 Localeze.

Listings content by CityGrid Media © 2014.

Listings data provided by YP (c) 2014.

Postal data © United States Postal Service® 2014. All rights reserved. Prices are not established, controlled or approved by the United States Postal Service® (USPS). The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS and ZIP+4.

Satellite and aerial imagery supplied by i-cubed information integration & imaging, LLC (“i-cubed”). Portions copyright © 2014 i-cubed. All rights reserved. Portions Imagery copyright © 2014 DigitalGlobe. All rights reserved. Portions Imagery copyright © 2014 GeoEye. All rights reserved. Portions Imagery copyright © 2014 AeroGRID. All rights reserved. Portions Imagery copyright © 2014 Microsoft Corporation, available exclusively by DigitalGlobe. All rights reserved.

European Map basis: GfK GeoMarketing (formerly GfK Macon);

Data © 2014 Urban Mapping, Inc. All rights reserved.

Traffic data © 2014 INRIX, Inc. All rights reserved.

Global land cover data © 2014 ESA and UCLouvain. See http://due.esrin.esa.int/.

Some terrain data NED: U.S. Geological SurveyNRCAN http://www.geobase.ca/geobase/en/licence.jsp; SRTM: USGS EROS Data Center, NASA-NGA; ETOPO1: Amante, C. and B. W. Eakins, ETOPO1 1 Arc-Minute Global Relief Model: Procedures, Data Sources and Analysis. NOAA Technical Memorandum NESDIS NGDC-24, 19 pp, March 2009.

Mapping data © 2006-2014 TomTom International B.V. All rights reserved. This material is proprietary and the subject of copyright protection, database right protection and other intellectual property rights owned by TomTom or its suppliers. The use of this material is subject to the terms of a license agreement. Any unauthorized copying or disclosure of this material will lead to criminal and civil liabilities.

MultiNet(R) North America:  © 2006 – 2014 TomTom.  All rights reserved.  This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to TomTom.  TomTom is an authorized user of selected Statistics Canada computer files and distributor of derived information products under Agreement number 6776.  The product is sourced in part from Statistics Canada computer files, including 2010 Road Network File (RNF), 92-500-G and 2006 Census Population and Dwelling Count Highlight Tables, 97-550-XWE2006002.  The product includes information copied with permission from Canadian authorities, including © Canada Post Corporation, GeoBase®, and Department of Natural Resources Canada, All rights reserved.  The use of this material is subject to the terms of a License Agreement.  You will be held liable for any unauthorized copying or disclosure of this material.”

MultiNet(R)  Post:  © 2006 – 2014 TomTom.  All rights reserved.  This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to TomTom.  The product includes information copied with permission from Canadian authorities, including © Canada Post Corporation, All rights reserved.  The use of this material is subject to the terms of a License Agreement.  You will be held liable for any unauthorized copying or disclosure of this material.”

Local Points of Interest North America:  © 2006-2014_ TomTom. All rights reserved.  This material is proprietary and the subject of copyright protection, database right protection and other intellectual property rights owned by TomTom or its suppliers.  Portions of the POI database contained in Local Points of Interest North America have been provided by Localeze.  The use of this material is subject to the terms of a license agreement. Any unauthorized copying or disclosure of this material will lead to criminal and civil liabilities.” Polling data  (c) 2014 The PEW Trusts. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:  THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Average fuel economy for US light duty vehicles for 2010: Research and Innovative Technology Administration, U.S. Department of Transportation at http://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/publications/national_transportation_statistics/html/table_04_23.html.

EGOCache software (c) 2009-2010 enormego.  See https://github.com/enormego/EGOCache.

PDColoredProgressView software (c) 2009 Pascal Widdershoven.  See https://github.com/PascalW/PDColoredProgressview.

ELCTextFieldCells software (c) 2010 Michael Waterfall.  See https://github.com/elc/ELCTextFieldCell.

MWPhotoBrowser software (c) 2010 Michael Waterfall.  See https://github.com/mwaterfall/MWPhotoBrowser.

ELCImagePickerController software (c) 2010 ELC Technologies.  See https://github.com/elc/ELCImagePickerController.

SSToolkit – https://github.com/samsoffes/sstoolkit

RestKit – https://github.com/RestKit/RestKit

Includes MGSplitViewController code by Matt Legend Gemmell.  Seehttps://github.com/mattgemmell/MGSplitViewController.

Includes MGImageUtilities code by Matt Legend Gemmell.  Seehttp://mattgemmell.com/2010/07/05/mgimageutilities.

uidevice-extension – https://github.com/erica/uidevice-extension

TDBadgedCell – https://github.com/tmdvs/TDBadgedCell

For Windows 8 Phone only, Map data provided by Microsoft Corporation (c) 2014.

Some mobile software licensed under the Apache License:  Copyright 2006-2008 Google Inc.  Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License.  You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.  Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.  See the License for the specific language governing permissions and limitations under the License.


DMTI DATA USER LICENCE AGREEMENT

DMTI Spatial Inc. (“DMTI”) hereby grants to you a non-exclusive, non-transferable license to use the CanMap Streetfiles and GeoPinpoint Software (“Licensed Products”) accessible through this website, subject to the following terms and conditions:

You acknowledge that the Licensed Product(s) belong to DMTI and its third party supplier, and that the Licensed Product(s) are copyrighted.  Unauthorized copying of the Licensed Product(s), or documentation is expressly forbidden and you may be held legally responsible for copyright infringement which is caused or encouraged by your failure to abide by the terms of this agreement.

You may not reproduce, sell, rent, lease, loan, distribute or sublicense the Licensed Product or otherwise transfer the Licensed Product(s) to any third party, use the Licensed Product for commercial purposes, or use the Licensed Product to create any derived product for any of these prohibited purposes, except that you may make use of maps generated using the Licensed Products if generated in connection with the MapQuest website in a manner authorized by the terms and conditions of such website.

In no event shall DMTI or its third party supplier(s) be liable to you for any damages, direct or indirect, including any lost profits, lost savings, interruption of business, loss of business opportunities or other incidental or consequential damages, arising out of your possession, use of or inability to use the Licensed Product(s), even if DMTI, its third party supplier(s), or any authorized dealer, has been advised of the possibility of the damages, or for any claim by any other party.

You shall indemnify and hold DMTI, it’s third party supplier(s) and their officers, employees and agents harmless from and against any claim, demand or action, irrespective of the nature of the claim, demand or action, alleging loss, costs, damages, expenses or injury (including injury from death) resulting from your authorized or unauthorized use, possession, modification or alteration of the Licensed Product(s).

THE LICENSED PRODUCT(S) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT(S) IS WITH YOU, THE END USER. NO ORAL OR WRITTEN ADVICE GIVEN BY DMTI OR IT’S DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES DMTI’s LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

This license will terminate automatically without notice from DMTI if you fail to comply with any provision of this license agreement. Upon termination, you shall destroy or return any written materials in connection with the Licensed Product(s) and all copies made thereof including modified copies, if any.

This license shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.


End User Terms for TomTom

Use is restricted to your (the end user’s) own internal business or personal use and not for resale, distribution, sublicense or commercial use.  As an end user, you grant unrestricted rights to Tom Tom to any feedback and resulting edits.  You may not engage in unauthorized copying or remove or obscure of any copyright, trademark notice, or restrictive legend.  The covenants and obligations undertaken herein are intended for the direct benefit of TomTom and may be enforced by TomTom directly against you.

Additional Restrictions:

You shall not use the TomTom data to create (or assist in the creation of) a digital map database.  A “digital map database” means a database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable turn-by-turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges.  TomTom data may also not be used for in-flight navigation.

You shall not use TomTom data to provide competitive information about TomTom or its products to third parties.

As an end user, you may not display the 6-digit alpha/numeric Canadian Postal Codes on the Internet except where such data is integrated with the MapQuest product and may not display or distribute the postal codes in a stand-alone list format.  Notwithstanding the foregoing, you may display Canada Post data in a stand-alone list format where such addresses relate to a particular business (e.g. TargetÒ locations).  Furthermore, end users shall not, and shall not permit any third party to (1) extract or export the Canadian Postal Data from the MapQuest product, (2) utilize the Canada Post data for the creation of a data set of postal codes or to create another application or (3) utilize the Canada Post data to create mailing lists for bulk mailing of items through the Canadian postal system.

It is expressly prohibited to use the Local Points of Interest North America for (a) telephone call routing related applications; (b) screen pop applications, (c) CD-ROM director of other derivative directory product; (d) verification services; (e) caller name services; and (f) online marketing lead verification services.

Use of the Brand Icon component is subject to the terms and conditions set forth in these terms and that there may be additional third party terms, conditions and restrictions to which the use of the Brand Icon component will be subject and which will be provided from time to time.

Additional provisions for users who are a U.S. government entity:

U.S. GOVERNMENT RIGHTS. If an end user is an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in any applicable DFARS or FAR.  In case of conflict between any of the FAR and/or DFARS that may apply to the Licensed Product, the construction that provides greater limitations on the Government’s rights shall control. Contractor/manufacturer is TomTom North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Phone: 603.643. 0330.  The Licensed Products are © 2006-201_ by TomTom. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed Products are a trade secret and a proprietary commercial product and not subject to disclosure.

 If End User is an agency, department, or other entity of any State government, the United States Government or any other public entity or funded in whole or in part by the United States Government, then End User hereby agrees to protect the Licensed Products from public disclosure and to consider the Licensed Products exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Licensed Products.  In the event that such exemption is challenged under any such laws, this EULA shall be considered breached and any and all right to retain any copies or to use of the Licensed Products shall be terminated and considered immediately null and void.  Any copies of the Licensed Products held by Licensee shall immediately be destroyed.  If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this EULA shall be considered terminated and null and void, in its entirety, and any and all copies of the Licensed Products shall immediately be destroyed.

NEITHER TOMTOM NOR ITS SUPPLIERS SHALL BE LIABLE TO THE UNDERSIGNED FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOMTOM SHALL HAVE NO MONETARY LIABILITY TO THE UNDERSIGNED FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.

THE LICENSED PRODUCTS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” AND TOMTOM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.  NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TOMTOM OR ANY OF ITS AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.  THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.