Garmin intelematics End User License Agreement

Brand: Garmin

Model: intelematics

Type: End User License Agreement

Intelematics Trafc Service End User

Subscriber Agreement

By activating, using and/or accessing the SUNA

Trafc Channel, SUNA Predictive or other content or

material provided by Intelematics (together, “SUNA

Products and/or Services”), you accept certain terms

and conditions which are set forth below.

1. Denitions

In these terms and conditions or any subsequent

amendments and/or additions to these terms and

conditions as published on the SUNA Trafc internet

site at www.sunatrafc.com.au/termsandconditions/:

“Agreement” means these Terms and Conditions.

“Approved Devices” means any in-vehicle units,

personal navigation devices, mobile phones or any

other devices which are listed from time to time on

www.sunatrafc.com.au/ and where such a device is

authorised and able to receive SUNA Products and/or

Services.

“Authorised User” means any person lawfully

authorised by the End User to use the SUNA Products

and/or Services.

“Commencement Date” means the date on which the

End User commences to use SUNA Products and/or

Services.

“Data Supplier” means a legal entity (for example, the

State of Queensland) which supplies Licensed Data.

“End User” means a person, rm or company with a

Web Browser or Approved Device receiving or using

SUNA Products and/or Services.

“Intelematics” means Intelematics Pty Ltd (ACN 084

882 584), the owner and operator of SUNA Products

and/or Services.

“Intellectual Property Rights” means all intellectual

and industrial property rights of whatever nature

(whether or not registered or registrable) including,

but not limited to:

(a) all technical information, know-how, trade and

service marks, business names, domain names,

inventions, discoveries, research developments, trade

secrets, rights in circuit layouts, rights in data bases

and plant breeders rights;

(b) any application or right to apply for registration

of any of the rights in clause (a) and all renewals and

extensions of those rights; and

condential.

“Licensed Data” means any data supplied by a Data

Supplier from which the Licensed Data Product is

derived from, or on which the Licensed Data Product

is based (regardless of whether such data has been

reformatted or converted onto different media or

translated into another format).

“Licensed Data Product” means SUNA Products

and/or Services provided or made available to the

End User.

“Manufacturer” means a manufacturer of an Approved

Device or provider of an End User product or service

that utilises SUNA Products and/or Services.

“SUNA Predictive” means the trafc and travel data

that displays an average travel times and/or speed for

particular road segments in the Territory at fteen (15)

minute intervals for each day of week.

“SUNA Products and/or Services” means the

trafc and travel information service provided by

Intelematics which include:

(a) the SUNA Trafc Channel, where it is broadcasted

via RDS-TMC, provided via a wireless data network,

or delivered via any other communication platform in

the Territories and is displayed on Approved Devices;

(b) SUNA Predictive, which is stored and used on

Approved Devices;

are displayed on Web Browsers; or

(d) other content and material provided by

Intelematics from time to time which is utilised or

displayed for Approved Devices, Web Browsers

and/or other End User products or applications.

“SUNA Trafc Channel” means the trafc and travel

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information update service provided by Intelematics.

“Territories” means Australia.

“Vehicle” means the End User’s vehicle into which an

Approved Device is installed or used.

“Web Browser” means any web browser or similar

application installed on a personal computer, mobile

phone or similar device which is capable of viewing

the trafc and travel information update service

provided by SUNA Products and/or Services.

2. Acceptance

By using SUNA Products and/or Services, you will be

deemed to have accepted and agreed to be bound by

this Agreement.

3. Term

This Agreement will commence on the

Commencement Date and will continue for so long

as the End User use SUNA Products and/or Services

and, if applicable, maintains its Approved Device in

accordance with the Manufacturer’s instructions or

directions.

4. Installation and Maintenance of Web Browsers or

Approved Devices

Intelematics is not responsible for installation of

Approved Devices or Web Browsers into the Vehicle

or appropriate device, respectively. Intelematics

makes no representations regarding the installation of

Approved Devices or Web Browsers by any person

(including, for example, persons authorised by the

Manufacturer).

Intelematics does not provide support or assistance for

the use or maintenance of Approved Devices or Web

Browsers and all questions or requests for assistance

should be directed to the Manufacturer of the

Approved Device or the provider of the Web Browser

from which SUNA Products and/or Services are used.

5. Provision of the SUNA Trafc Channel and other

SUNA Products and/or Services

Intelematics will use reasonable endeavours to provide

the SUNA Trafc Channel 24 hours a day, 365 days

a year.

Intelematics will use reasonable endeavours to

conduct all necessary maintenance relating to the

SUNA Trafc Channel during ‘off-peak’ times, but

does reserve the right to withdraw the SUNA Trafc

Channel at any time.

SUNA Products and/or Services are intended as an aid

to personal motoring and travel planning, and does

not provide comprehensive or accurate information

on all occasions. On occasions, the End User or an

Authorised User may experience additional delay as a

result of using SUNA Products and/or Services. The

End User acknowledges 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, the End User or an Authorised User.

Intelematics reserves the right to vary the Terms and

Conditions of this Agreement. The End User agrees

to check these Terms and Conditions from time

to time, and the continued use of SUNA Products

and/or Services will mean that the End User agrees

to any changes that may be made by Intelematics and

posted on the SUNA Trafc Channel website www.

sunatrafc.com.au.

6. Use of SUNA Products and/or Services in Vehicles

End Users and Authorised Users in which SUNA

Products and/or Services are active or are capable

of being utilized remain at all times responsible for

observing all relevant laws and codes of safe driving

and Intelematics will not in any event be liable for

any ne, penalty, or punishment issued to any user of

SUNA Products and/or Services in a Vehicle.

In particular, End Users and Authorised Users agree

to only actively use or operate SUNA Products and/or

Services on their Approved Device in accordance with

the Manufacturer’s instructions and, when operating

a Vehicle, only when the Vehicle is at a complete stop

and it is safe to do so.

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7. Acknowledgments

The End User acknowledges and agrees that neither

it nor any Authorised User obtains any right of

ownership of any Intellectual Property Rights

(including copyright) in the Licensed Data or any

Licensed Data Product shall only use SUNA Products

and/or Services, Licensed Data and any Licensed Data

Products for its own personal use or for use in the

ordinary course of its business. For the avoidance of

doubt, the ability of End Users and Authorised Users

to use SUNA Products and/or Services in its ordinary

course of business does not extend to:

(a) anything which is prohibited in this Agreement;

(b) on-selling or distributing to third parties Licensed

Data or Licensed Data Product for reward or

otherwise; or

Data or Licensed Data Product for the purpose of

providing or developing a service to update trafc or

provide up to date travel information.

The End User warrants and agrees that it will not

make available, on-sell or distribute Licensed Data or

any Licensed Data Product for reward or otherwise

to any other third party and not use the Licensed

Data, any Licensed Data Product or the Service with

the intention of encroaching upon the privacy of an

individual or company or other organisation.

The End User also agrees and acknowledges that

the Licensed Data is based on trafc data provided

with the permission of one or more third parties and

Intelematics relies on Data Suppliers for the supply

of Licensed Data in order to provide SUNA Products

and/or Services. Should the Data Supplier experience

difculties with the supply of the Licensed Data,

Intelematics may be unable to provide certain SUNA

Products and/or Services. While every effort is

made to ensure that the Licensed Data is continually

provided by a Data Supplier, Intelematics makes no

representations nor warrants that a Data Supplier will

continue to provide Intelematics with Licensed Data.

The End User acknowledges that, owing to the nature

of the technology comprised in an Approved Device,

the operation of SUNA Products and/or Services may

from time to time be adversely affected by physical

features such as underpasses, atmospheric conditions

and other causes of interference beyond Intelematics’

control. Intelematics can give no guarantee that

SUNA Products and/or Services will work in adverse

conditions or in the event of force majeure.

8. Liability

The End User agrees that neither Intelematics,

the Manufacturer nor any Data Supplier is under

any liability for any loss or damage (including

consequential loss or damage) arising from any use

SUNA Products and/or Services, Licensed Data or

any Licensed Data Product. Neither Intelematics,

the Manufacturer nor any Data Supplier makes any

representation or warranty that SUNA Products

and/or Services, Licensed Data or any Licensed Data

Product will be free from errors or computer viruses or

contamination of any kind.

The End User acknowledges that neither Intelematics,

the Manufacturer nor any Data Supplier guarantees

or makes any representations or warranties that

relate to the availability, accuracy or completeness

of SUNA Products and/or Services, Licensed Data

or any Licensed Data Product; and to the extent

which it is lawful to do so, both Intelematics and

all of its Data Suppliers exclude any warranties

which might otherwise be implied by any State or

Federal legislation in relation to SUNA Products

and/or Services, Licensed Data or any Licensed Data

Product.

In respect of all liability under this Agreement,

Intelematics’ liability in respect of each event or series

of connected events shall not exceed $100. In respect

to all liability under this Agreement, Manufacturer’s

liability in respect of each event or series of connected

events shall not exceed $100.

SUNA Products and/or Services must not be used in

any way which would or may affect the ability of any

driver of the Vehicle to drive safely and in accordance

with the road laws. Neither Intelematics nor the

Manufacturer shall be liable for any loss or damage

caused by the acts or omissions of the End User, or

any Authorised User, when operating a Vehicle.

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9. Termination

The End User may, at any time, terminate this

Agreement by no longer using SUNA Products and/or

Services on the Approved Device or Web Browser (as

the case may be).

Intelematics may terminate this Agreement with

immediate effect:

(a) on written notice to the End User’s Manufacturer;

(b) by posting a notice, which is made available to the

public, on the Intelematics website,

if:

(a) any government or other regulatory approvals

for the use of SUNA Products and/or Services is

withdrawn, suspended or amended at any time; or

(b) a Data Supplier no longer supplies Intelematics

with Licensed Data.

Upon termination of this Agreement the accrued rights

and liabilities of the parties will not be affected and

any payments made by End Users prior to termination

are non-refundable unless agreed in writing by

Intelematics prior to termination.

10. General

The End User may not assign, transfer or otherwise

deal with their rights under this Agreement without the

prior written consent of Intelematics.

This Agreement will be governed by and construed

in accordance with the laws in force in the State of

Victoria and each party submits to the non-exclusive

jurisdiction of the courts of that State.

11. Garmin Terms and Conditions

The End User shall indemnify, defend, and hold

harmless Garmin Ltd. (and its subsidiaries) against any

and all claims, damages, costs, or other expenses that

arise directly or indirectly out of (a) the End User or

Authorized User unauthorized use of SUNA Products

and/or Services , (b) the End User or Authorized User

violation of this End User Subscriber Agreement and/

or (c) any unauthorized or unlawful activities by the

End User or Authorized User in connection herewith.

The SUNA Products and/or Services are informational

only. The End User and Authorized User assume all

risk of use. Garmin makes no representations about

content, trafc and road conditions, route usability,

or speed.

Garmin makes no warranty of tness or compatibility

of SUNA Products and/or Services with the Garmin

product and no warranty that SUNA Products

and/or Services will operate properly as integrated

and interfaced with the Garmin product. Garmin

disclaims all liability for any loss, injury, or damage

resulting from use of or inability to use the Garmin

product as a result of weather difculties, the

destruction of transmitters and/or other broadcasting

infrastructures, a natural disaster, and/or a lack of

reliability, completeness or accuracy of the trafc

data. In no event shall Garmin be liable to the

End User, Authorized User 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 prots, business

interruption, or loss of business information) arising

out of the use of or inability to use the Garmin product,

even if Garmin has been advised of the possibility of

such damages.

If the End User purchases or the Garmin product

is pre-loaded with “lifetime” or “one-time” trafc,

the End User will receive trafc data for one (1)

compatible Garmin product until the product’s useful

life expires or Garmin no longer receives trafc data

from its trafc service provider. The End User’s trafc

subscription may not be transferred to another person

or another Garmin product. Garmin may terminate this

Agreement for any reason, including, but not limited

to, if Garmin nds that the End User or Authorized

User have violated any of the terms of this Agreement

or the contract between Garmin and its trafc service

provider terminates.

May 2010 Part Number 190-00883-13 Rev. C Printed in Taiwan

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Garmin intelematics End User License Agreement

Garmin intelematics End User License Agreement

Garmin intelematics End User License Agreement

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