MapQuest – 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

Map Data © Open Street Map and Contributors, CC-BY-SA.

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 2012.

COMMERCIAL DATA

Portions Copyright © United States Postal Service® 2012. 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 © 2012 i-cubed. All rights reserved. Portions Imagery copyright © 2012 DigitalGlobe. All rights reserved. Portions Imagery copyright © 2012 GeoEye. All rights reserved. Portions Imagery copyright © 2012 AeroGRID. All rights reserved. Portions Imagery copyright © 2012 Microsoft Corporation, available exclusively by DigitalGlobe. All rights reserved.

Portions of European Map basis; GfK GeoMarketing (formerly GfK Macon); Portions of European Data basis GFK GeoMarketing (formerly GfK Macon).

Terrain Data supplied by Intermap Technologies, Inc. Portions © 2012 Intermap Technologies, Inc. CORINE data © 2012 EEA, Copenhagen, NED data credit: U.S. Geological Survey, NLCD Land Cover credit: U.S. Geological Survey and Department of the Interior/USGS NLCD 2001 Land Cover.

Portions Transit Data provided by: NJ TRANSIT, which is the sole owner of the Data; WMATA Transit information provided on this site is subject to change without notice. For the most current information, please click here.

Portions polling data Copyright (c) 2012 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.

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 it’s 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 NAVTEQ NORTH AMERICA, LLC DATA:

This information is provided for your immediate or near immediate personal use only. It is protected by copyright, and is further subject to the following terms and conditions which are agreed to by you, on the one hand, and MapQuest, Inc. (“MapQuest”) and its licensors (including their licensors and suppliers) on the other hand.

The map data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada. © Queen’s Printer for Ontario, © Canada Post, GeoBase®.

TERMS AND CONDITIONS

Scope of Use: You agree to use this information for solely immediate or near immediate personal purposes, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the Restrictions set forth in the next paragraph, you may copy this information only to (i) view it on your screen, (ii) save a single copy on your hard drive or disk, (iii) print, fax, email or otherwise instant message it, provided that you do not remove any copyright notices that appear and do not modify the information in any way. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this information, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions: The information may only be used in the form delivered to you and may not be subject to any further automated or systematic processing. You may not use, and shall not authorize any third party to use, this information to provide, or to enable the provision of, alerts. In addition, you shall not and shall not authorise any third party to use this information with or for any devices or systems having a resident geographic database.

No Warranty: This information is provided to you “as is”, and you agree to use it at your own risk. MapQuest and its licensors (and their licensors and suppliers, including Her Majesty the Queen in Right of Canada and Canada Post) 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 information, or that the information or server will be uninterrupted or error-free.

Disclaimer of Warranty: MAPQUEST AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND CANADA POST) 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: MAPQUEST AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS, INCLUDING HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND CANADA POST) 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 MAPQUEST 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.

Disclaimer of Endorsement: Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by MapQuest or its licensors. Product and service information are the sole responsibility of each individual vendor. The NAVTEQ name and logo, the NAVTEQ trademark and logo, and other trademarks and trade names owned by NAVTEQ North America, LLC or its affiliates may not be used in any commercial manner without the prior written consent of NAVTEQ.

Export Control: You agree not to export from anywhere any part of the information provided to you or any direct product thereof except in compliance with, and with all licences and approvals required under, applicable export laws, rules and regulations.

Indemnity: You agree to indemnify, defend and hold MapQuest and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies and the respective officers, directors, employees, shareholders, agents and representatives of each of them, including Her Majesty the Queen in Right of Canada, the Minister of Natural Resources of Canada and Canada Post) 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 legal fees, arising out of or in connection with any use or possession by you of this information.

Entire Agreement: These terms and conditions constitute the entire agreement between MapQuest (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 New York, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods. You agree to submit to the jurisdiction of the State of New York for any and all disputes, claims and actions arising from or in connection with the information provided to you hereunder.

For Canadian data, the following provisions may apply:

This information contains postcode data copied under license from Canada Post Corporation. The Canada Post Corporation file from which this data was copied is dated 2012.

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. 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.

You 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.

END-USER TERMS FOR NAVTEQ EUROPEAN DATA:

TERMS AND CONDITIONS

Scope of Use. You agree to use this information for solely immediate or near immediate personal purposes, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the Restrictions set forth in the next paragraph, you may copy this information only as necessary for your personal use to (i) view it on your screen, (ii) save a single copy on your hard drive or disk, (iii) print, fax, email or otherwise instant message it and (iv) transfer it to a portable computer device, provided that you do not remove any copyright notices that appear and do not modify the information in any way. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this information, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.

Restrictions. The information may only be used in the form delivered to you and may not be subject to any further automated or systematic processing. You may not use, and shall not authorize any third party to use, this information to provide, or to enable the provision of, alerts. In addition, you shall not and shall not authorize any third party to use this information with or for any devices or systems having a resident geographic database.

No Warranty. This information is provided to you “as is”, and you agree to use it at your own risk. MapQuest 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 information, or that the information or server will be uninterrupted or error-free.

Disclaimer of Warranty: MAPQUEST 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: MAPQUEST 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 MAPQUEST 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.

Disclaimer of Endorsement: Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by MapQuest or its licensors. Product and service information are the sole responsibility of each individual vendor. The NAVTEQ name and logo, the NAVTEQ and NAVTEQ ON BOARD trademarks and logos and other trademarks and trade names owned by NAVTEQ or its affiliates may not be used in any commercial manner without the prior written consent of NAVTEQ.

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

Indemnity. You agree to indemnify, defend and hold MapQuest and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies and the respective officers, directors, employees, shareholders, agents and representatives of each of them) 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 legal fees, arising out of or in connection with any use or possession by you of this information.

Entire Agreement. These terms and conditions constitute the entire agreement between MapQuest (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 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. 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 information provided to you hereunder.

NAVTEQ’s Third Party Notices

Belgium “Traffic information is provided by the Ministerie van de Vlaamse Gemeenschap and the Ministerie de l’Equipement et des Transports.”

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 on Crown Copyright Material.”

Greece “Copyright Geomatics Ltd.”

Italy “© La Banca Dati Italiana e stats prodotta usando quale riferimento anche cartografia numerica ed al tratto prodotta e fornita daila Regione Toscana.”

Portugal “Source: IgeoE – Portugal”

Spain “Informacion geografica propiedad del CNIG”

Additional Provisions for Government End-Users of NAVTEQ (As Applicable):

Government End Users: If the data provided by NAVTEQ is used or accessed 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, such use or access is subject to the following provisions:

For NAVTEQ data: The NAVTEQ Data (hereinafter “Data”) is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with these Terms of Use, and each copy of 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: NAVTEQ CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: 425 West Randolph Street, Chicago, Illinois 60606

These NAVTEQ Data are commercial items as defined in FAR 2.101 and are subject to the Terms of Use under which this data was provided.

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 NAVTEQ prior to seeking additional or alternative rights in the Data.

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