End User Licence

PLEASE READ THIS ENTIRE LICENCE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THIS APPLICATION OR DATABASE

THIS LICENCE AGREEMENT IS LEGALLY BINDING UPON YOU AND ROADPILOT LIMITED (“ROADPILOT"). BY DOWNLOADING OR USING THIS APPLICATION SOFTWARE, FIRMWARE OR DATABASE OR DATABASE UPDATE (hereinafter collectively referred to as the “Data”), YOU ARE AGREEING TO EACH TERM OF THIS LICENCE AGREEMENT INCLUDING THE LICENCE RESTRICTIONS ON USE, LIMITED WARRANTY AND DISCLAIMER. IF YOU DO NOT AGREE WITH THESE TERMS, PROMPTLY CONTACT YOUR SUPPLIER TO CANCEL YOUR SERVICE FOR A FULL REFUND OF YOUR MONEY.

AS A PARTY TO THIS LICENCE AGREEMENT, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

1. GRANT OF LICENCE.

The Data is licensed, not sold. ROADPILOT grants to you the following nonexclusive, non-assignable rights so long as you comply with the terms and conditions of this Licence Agreement: (i) to download the Data for the sole and exclusive purpose of updating a single ROADPILOT product or application; and (ii) to use the Data in a ROADPILOT product or application for reference purposes only and not as a primary device for driving the vehicle. This Licence is valid for an initial free trial period the length of which shall be determined by RoadPilot (which may vary from time to time or according to the type of ROADPILOT product or application upon which the Data resides) and then for such further period (“the Licence Period”) as shall be determined by the amount of the Licence Fee paid by you. The Data will cease to operate at the end of the Licence Period unless a further Licence Fee is paid by you. Following the end of a Licence Period you may not use the Data as a driving aid or for any other purpose whatsoever.

2. COPYRIGHT NOTICE.

The Datas owned by ROADPILOT. ROADPILOT is also the owner of the underlying information from which the Data is derived. The Data and their relevant data and information are protected by English copyright laws and international treaty provisions. You must treat this Data, like any other copyrighted material in that such protected works may not be copied, reproduced, reversed-engineered, decompiled, stored in a retrieval system, or retransmitted in whole or in part, in any form or by any means, except as otherwise explicitly authorized in this License Agreement. All rights not expressly granted are reserved by ROADPILOT. 2010 RoadPilot Limited, 43 Riverside 2, Sir Thomas Longley Road, Rochester, Kent ME2 4DP

3. RESTRICTIONS ON USE.

The Data is licensed for your private and non commercial use in a single ROADPILOT product or application. Use of the Data in multiple ROADPILOT products and/or applications is NOT authorised and violates the terms of this Licence Agreement. Except as otherwise explicitly authorised herein, you may NOT whether during the Licence Period or at any time after the Licence Period has ended nor will you allow others to carry out any of the following: (a) copy, reproduce, or publish the Data; (b) electronically transfer the Data to multiple computers over a network system; (c) distribute copies of the Data or accompanying materials to others; (d) modify, adapt, translate, reverse engineer, decompile, or disassemble the Data, or create derivative works based on the Data; (e) assign, rent, lend, or sublease the Data; or (f) sell or transfer the Data

4. PERSONAL DATA / PRIVACY POLICY

In order to provide you with the Data and for license management purposes certain technical information such as mobile network and country codes, language, time zone, timestamp, device serial number, client ID, your email address and mobile subscription number, location information related to the mobile network and wireless local area network (“WLAN”) as well as information about your transactions with RoadPilot or its authorised third party resellers, may be processed by RoadPilot.

Anonymity

When using some features of the RoadPilot product, application or associated data, (for example when you request a Data download), the location and other information pertaining to your requests may be processed by RoadPilot to serve you with the right content. This information is processed in an anonymous manner. It may also be used to improve the Data (for example to provide you with more relevant content).

How RoadPilot uses your personal data

When you use the Data, the RoadPilot product and/or application stores certain information in the device (including but not limited to direction, speed, location accuracy of the positioning and time, mobile network and WLAN data related to location). This information will be sent to RoadPilot and is used to improve the accuracy of the Data its associated application and for creating related new services. The information is sent via your service provider’s network when you use the Data online. When you are using the Data offline, the information is stored in the device and will be sent when you connect your device via the RoadPilot server or the servers authorised resellers or similar tools. After the information is sent it may be deleted from the device. The information is processed without identifying you personally. This feature will be disabled in certain countries.

The RoadPilot product and/or application may include a statistics module in order for RoadPilot to better understand the use of specific features. When you use the RoadPilot product or application or Data, the statistics module will collect and store information which includes details about device and software attributes such as device model, operator codes, software versions, and other details as well as high-level information on usage statistics. As long as you use the service offline, the information will be stored in the device. When the RoadPilot product or application is connected via your service provider’s network or over a local area network (fixed LAN or WLAN) the information will be sent to RoadPilot. Once the information is sent it may be deleted from the device. The information is then analysed, aggregated and used in a statistical and non-personal manner and will not be used to identify you personally. This analysis may involve combining the information with other data RoadPilot collected as part of your use of the RoadPilot product or application or Data. No specific location-sensitive usage information or specific content of usage such as search queries will be collected with this statistics module.

Certain services may allow you to share your personal information with other users of the service or with other services and their users. Please familiarise yourself with the privacy practices of your service providers and use appropriate consideration before disclosing your location data to others.

Marketing

We may use your personal data to communicate with you, for example to send you critical alerts and other such notices relating to our products and/or services and to contact you for consumer care related purposes.

We may use your personal data to personalise our offering and to provide you with more relevant services, for example, to make recommendations and to display customised content and advertising in our services. This may include displaying RoadPilot and third party content. We may use your personal data for direct marketing or research purposes, for example, to conduct market research and we may, in accordance with applicable law, contact you to inform you of new products, services or promotions we may offer. Your personal data will NOT be shared with third parties for their marketing purposes.

You may at any time opt out of direct marketing by ROADPILOT by sending an email to: optout@roadpilot.com

International transfers of personal data

Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred across international borders outside the country where you use our services, including to countries outside the European Economic Area (EEA) that do not have laws providing specific protection for personal data or that have different legal rules on data protection, for example, the United States of America. In such cases we take steps to ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organisational information security measures.

Integrity and retention of personal data and information

Privacy and security are key considerations in the creation and delivery of our products and services. We have assigned specific responsibilities to address privacy and security related matters. We enforce our internal policies and guidelines through an appropriate selection of activities, including proactive and reactive risk management, security engineering, training and assessments. We take appropriate steps to address online security, physical security, risk of data loss and other such risks taking into consideration the risk represented by the processing and the nature of the data being protected. Also, we limit access to our data bases containing personal data to authorised persons having a justified need to access such information.

We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

5. TERM AND TERMINATION.

This Licence Agreement is effective from the date that you install the Data You may terminate this Licence Agreement at any time by permanently deleting, destroying, and returning, at your own costs, the Data (firmware and related software), all backup copies, and all other related materials provided by RoadPilot .

This License Agreement will automatically terminate without notice from RoadPilot if you fail to comply with or violate any provisions of this License Agreement or upon the expiry of the relevant LICENCE FEE as levied by ROADPILOT or it’s authorised resellers. In such an event, you must immediately delete, destroy, or return at your own cost, the Data , all backup copies, and all other related material to RoadPilot. The terms of paragraph 4, relating to personal data and the Privacy Policy shall survive such termination.

6. WARRANTY DISCLAIMER.

THE DATA IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.

ROADPILOT GIVES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA SOURCE MATERIAL ITSELF, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE

7. LIMITATION OF LIABILITY.

NEITHER ROADPILOT NOR ITS SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFIT, OR DATA, OR PROPERTY DAMAGE, INJURY OR OTHER COMMERCIAL OR ECONOMIC LOSS), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, CONTRIBUTION, STRICT LIABILITY, TORT OR OTHER THEORY ARISING OUT OF THIS LICENCE AGREEMENT, OR THE USE OF THE DATA OR ANY OTHER LEGAL THEORIES, EVEN IF ROADPILOT OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. ROADPILOT’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE DATA. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.

8. IMPORTANT USER INFORMATION

ROADPILOT DOES NOT CONDONE SPEEDING OR ANY OTHER TYPE OF DRIVING OFFENCE. ROADPILOT PRODUCTS AND THE DATA ARE DESIGNED TO BE USED AS AN AID TO SAFER DRIVING AND YOU ARE ENCOURAGED TO DRIVE WITHIN GOVERNMENT SET SPEED LIMITS AT ALL TIMES AND TO DRIVE IN A CAREFUL AND SAFETY CONSCIOUS MANNER. IN THE EVENT THAT YOU RECEIVE A FINE OR ANY OTHER PENALTY FOR SPEEDING OR THE CONTRAVENTION OF ANY OTHER RELEVANT TRAFFIC OR HIGHWAY LAW OR YOU ARE INVOLVED IN AN ACCIDENT ROADPILOT WILL NOT ENTERTAIN ANY CLAIM FOR DAMAGES.

Information provided with the Data can be inaccurate and incomplete e.g. the position of a camera and the speed limit at a given camera. The availability and accuracy of the Data is dependent, among other things, on third party sources generating the information, on wireless networks and satellite systems which may not function in all areas or at all times. You should never rely solely on the aforementioned material.

You are solely responsible for driving carefully and for obeying the applicable laws at all times. The RoadPilot product, DATA and associated software should not be controlled by the driver of the vehicle while driving. Always keep your hands free to operate the vehicle while driving.

9. THIRD PARTY FEES

Using the Data or downloading content related to the Data and using location related features such as network based positioning or using traffic related information may involve transmission of large amounts of data through your internet service or network service provider’s network. The prices you pay for additional features to the Data do not include charges for data connection, data download, data rate plans, or roaming. You are responsible for any internet or mobile data subscription and data transfer and any other data costs, roaming charges or other fees that may be charged by your internet or network service provider.

Please contact your network service provider for information about data transmission and other network service charges.

RoadPilot assumes no responsibility for the payment of such fees or charges.

10. AVAILABILITY

The Data may not be available in some countries and may be provided only in selected languages. The Data may be network dependent. Please contact your network service provider for more information.

The Data may not be available during maintenance breaks and other times.

11. VARIATION.

ROADPILOT reserves the right at its sole discretion to modify the Data or any part thereof at any time. RoadPilot also reserves the right to amend the terms and conditions of this Licence Agreement at any time.

12. ENTIRE AGREEMENT.

This Licence Agreement contains the entire understanding of the parties hereto relating to the subject matter hereof and supersedes all prior or contemporaneous representations or agreements.

13. GOVERNING LAW.

The laws of the England govern this Licence Agreement.

If any part of this Licence Agreement is held by a court of competent jurisdiction to be unenforceable the remaining provisions of this Licence Agreement will continue in full force and effect. The provisions of clauses 2, 3, 6 and 7 and any other provisions of this Licence Agreement which are intended to shall survive the termination of this Licence Agreement.