Aviation Assistant
V.2.8.0-2.1
Created by Nicholas Pease
This software program and device configuration is made possible under the following licenses.
GNU General Public License v3.0
GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <https://fsf.org/>
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Aircraft message decryption services provided by dump1090-mutability
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for full copyright and license details. This is also found immediately following this excerpt.
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The source code incorporates work that was released under a
BSD-style license, reproduced below. For unmodified versions
of the original work that may be used under the terms of that
license, please see https://github.com/antirez/dump1090 and
https://github.com/MalcolmRobb/dump1090.
// Copyright (C) 2012 by Salvatore Sanfilippo <antirez@gmail.com>
//
// All rights reserved.
//
// Redistribution and use in source and binary forms, with or without
// modification, are permitted provided that the following conditions are
// met:
//
// * Redistributions of source code must retain the above copyright
// notice, this list of conditions and the following disclaimer.
//
// * Redistributions in binary form must reproduce the above copyright
// notice, this list of conditions and the following disclaimer in the
// documentation and/or other materials provided with the distribution.
//
// THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
// "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
// LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
// A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
// HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
// SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
// LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
// DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
// THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
// (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
// OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General Public
License is intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it. (Some other Free Software Foundation software is covered by
the GNU Lesser General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
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Also, for each author's protection and ours, we want to make certain
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Finally, any free program is threatened constantly by software
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program proprietary. To prevent this, we have made it clear that any
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The precise terms and conditions for copying, distribution and
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GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains
a notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Program a copy of this License
along with the Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License. (Exception: if the Program itself is interactive but
does not normally print such an announcement, your work based on
the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
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customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
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distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
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except as expressly provided under this License. Any attempt
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It is not the purpose of this section to induce you to infringe any
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integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
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to distribute software through any other system and a licensee cannot
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This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
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certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
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NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
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WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License.
OpenStreetMaps map tile data is provided by the ODC Open Database Licensees
## ODC Open Database License (ODbL)
### Preamble
The Open Database License (ODbL) is a license agreement intended to
allow users to freely share, modify, and use this Database while
maintaining this same freedom for others. Many databases are covered by
copyright, and therefore this document licenses these rights. Some
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Databases can contain a wide variety of types of content (images,
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and so the ODbL only governs the rights over the Database, and not the
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together with another license for the contents, if the contents have a
single set of rights that uniformly covers all of the contents. If the
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Sometimes the contents of a database, or the database itself, can be
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over information in the contents), and so you are advised that you may
have to consult other documents or clear other rights before doing
activities not covered by this License.
------
The Licensor (as defined below)
and
You (as defined below)
agree as follows:
### 1.0 Definitions of Capitalised Words
"Collective Database" - Means this Database in unmodified form as part
of a collection of independent databases in themselves that together are
assembled into a collective whole. A work that constitutes a Collective
Database will not be considered a Derivative Database.
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transfer of a copy of the Database or a Derivative Database occurs.
"Contents" - The contents of this Database, which includes the
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"Database" - A collection of material (the Contents) arranged in a
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"Database Directive" - Means Directive 96/9/EC of the European
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of databases, as amended or succeeded.
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"Publicly" - means to Persons other than You or under Your control by
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or a Substantial part of the Contents by the distribution of copies, by
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"Use" - As a verb, means doing any act that is restricted by copyright
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"You" - Means a Person exercising rights under this License who has not
previously violated the terms of this License with respect to the
Database, or who has received express permission from the Licensor to
exercise rights under this License despite a previous violation.
Words in the singular include the plural and vice versa.
### 2.0 What this License covers
2.1. Legal effect of this document. This License is:
a. A license of applicable copyright and neighbouring rights;
b. A license of the Database Right; and
c. An agreement in contract between You and the Licensor.
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a. Copyright. Any copyright or neighbouring rights in the Database.
The copyright licensed includes any individual elements of the
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Re-utilisation of the whole or a Substantial part of the Contents.
Database Rights can apply even when there is no copyright over the
Database. Database Rights can also apply when the Contents are removed
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not infringe any applicable copyright; and
c. Contract. This is an agreement between You and the Licensor for
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use on this access as outlined in this License.
2.3 Rights not covered.
a. This License does not apply to computer programs used in the making
or operation of the Database;
b. This License does not cover any patents over the Contents or the
Database; and
c. This License does not cover any trademarks associated with the
Database.
2.4 Relationship to Contents in the Database. The individual items of
the Contents contained in this Database may be covered by other rights,
including copyright, patent, data protection, privacy, or personality
rights, and this License does not cover any rights (other than Database
Rights or in contract) in individual Contents contained in the Database.
For example, if used on a Database of images (the Contents), this
License would not apply to copyright over individual images, which could
have their own separate licenses, or one single license covering all of
the rights over the images.
### 3.0 Rights granted
3.1 Subject to the terms and conditions of this License, the Licensor
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only under Section 9) license to Use the Database for the duration of
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the extent possible in the relevant jurisdiction, these rights may be
exercised in all media and formats whether now known or created in the
future.
The rights granted cover, for example:
a. Extraction and Re-utilisation of the whole or a Substantial part of
the Contents;
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which the right to collect royalties through any statutory or
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b. Waivable compulsory license schemes. In those jurisdictions in
which the right to collect royalties through any statutory or
compulsory licensing scheme can be waived, the Licensor waives the
exclusive right to collect such royalties for any exercise by You of
the rights granted under this License; and,
c. Voluntary license schemes. The Licensor waives the right to collect
royalties, whether individually or, in the event that the Licensor is
a member of a collecting society that administers voluntary licensing
schemes, via that society, from any exercise by You of the rights
granted under this License.
3.3 The right to release the Database under different terms, or to stop
distributing or making available the Database, is reserved. Note that
this Database may be multiple-licensed, and so You may have the choice
of using alternative licenses for this Database. Subject to Section
10.4, all other rights not expressly granted by Licensor are reserved.
### 4.0 Conditions of Use
4.1 The rights granted in Section 3 above are expressly made subject to
Your complying with the following conditions of use. These are important
conditions of this License, and if You fail to follow them, You will be
in material breach of its terms.
4.2 Notices. If You Publicly Convey this Database, any Derivative
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a. Example notice. The following text will satisfy notice under
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Contains information from DATABASE NAME, which is made available
here under the Open Database License (ODbL).
DATABASE NAME should be replaced with the name of the Database and a
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4.4 Share alike.
a. Any Derivative Database that You Publicly Use must be only under
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i. This License;
ii. A later version of this License similar in spirit to this
License; or
iii. A compatible license.
If You license the Derivative Database under one of the licenses
mentioned in (iii), You must comply with the terms of that license.
b. For the avoidance of doubt, Extraction or Re-utilisation of the
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Derivative Database and must comply with Section 4.4.
c. Derivative Databases and Produced Works. A Derivative Database is
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created from the Derivative Database is Publicly Used.
d. Share Alike and additional Contents. For the avoidance of doubt,
You must not add Contents to Derivative Databases under Section 4.4 a
that are incompatible with the rights granted under this License.
e. Compatible licenses. Licensors may authorise a proxy to determine
compatible licenses under Section 4.4 a iii. If they do so, the
authorised proxy's public statement of acceptance of a compatible
license grants You permission to use the compatible license.
4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
in the following:
a. For the avoidance of doubt, You are not required to license
Collective Databases under this License if You incorporate this
Database or a Derivative Database in the collection, but this License
still applies to this Database or a Derivative Database as a part of
the Collective Database;
b. Using this Database, a Derivative Database, or this Database as
part of a Collective Database to create a Produced Work does not
create a Derivative Database for purposes of Section 4.4; and
c. Use of a Derivative Database internally within an organisation is
not to the public and therefore does not fall under the requirements
of Section 4.4.
4.6 Access to Derivative Databases. If You Publicly Use a Derivative
Database or a Produced Work from a Derivative Database, You must also
offer to recipients of the Derivative Database or Produced Work a copy
in a machine readable form of:
a. The entire Derivative Database; or
b. A file containing all of the alterations made to the Database or
the method of making the alterations to the Database (such as an
algorithm), including any additional Contents, that make up all the
differences between the Database and the Derivative Database.
The Derivative Database (under a.) or alteration file (under b.) must be
available at no more than a reasonable production cost for physical
distributions and free of charge if distributed over the internet.
4.7 Technological measures and additional terms
a. This License does not allow You to impose (except subject to
Section 4.7 b.) any terms or any technological measures on the
Database, a Derivative Database, or the whole or a Substantial part of
the Contents that alter or restrict the terms of this License, or any
rights granted under it, or have the effect or intent of restricting
the ability of any person to exercise those rights.
b. Parallel distribution. You may impose terms or technological
measures on the Database, a Derivative Database, or the whole or a
Substantial part of the Contents (a "Restricted Database") in
contravention of Section 4.74 a. only if You also make a copy of the
Database or a Derivative Database available to the recipient of the
Restricted Database:
i. That is available without additional fee;
ii. That is available in a medium that does not alter or restrict
the terms of this License, or any rights granted under it, or have
the effect or intent of restricting the ability of any person to
exercise those rights (an "Unrestricted Database"); and
iii. The Unrestricted Database is at least as accessible to the
recipient as a practical matter as the Restricted Database.
c. For the avoidance of doubt, You may place this Database or a
Derivative Database in an authenticated environment, behind a
password, or within a similar access control scheme provided that You
do not alter or restrict the terms of this License or any rights
granted under it or have the effect or intent of restricting the
ability of any person to exercise those rights.
4.8 Licensing of others. You may not sublicense the Database. Each time
You communicate the Database, the whole or Substantial part of the
Contents, or any Derivative Database to anyone else in any way, the
Licensor offers to the recipient a license to the Database on the same
terms and conditions as this License. You are not responsible for
enforcing compliance by third parties with this License, but You may
enforce any rights that You have over a Derivative Database. You are
solely responsible for any modifications of a Derivative Database made
by You or another Person at Your direction. You may not impose any
further restrictions on the exercise of the rights granted or affirmed
under this License.
### 5.0 Moral rights
5.1 Moral rights. This section covers moral rights, including any rights
to be identified as the author of the Database or to object to treatment
that would otherwise prejudice the author's honour and reputation, or
any other derogatory treatment:
a. For jurisdictions allowing waiver of moral rights, Licensor waives
all moral rights that Licensor may have in the Database to the fullest
extent possible by the law of the relevant jurisdiction under Section
10.4;
b. If waiver of moral rights under Section 5.1 a in the relevant
jurisdiction is not possible, Licensor agrees not to assert any moral
rights over the Database and waives all claims in moral rights to the
fullest extent possible by the law of the relevant jurisdiction under
Section 10.4; and
c. For jurisdictions not allowing waiver or an agreement not to assert
moral rights under Section 5.1 a and b, the author may retain their
moral rights over certain aspects of the Database.
Please note that some jurisdictions do not allow for the waiver of moral
rights, and so moral rights may still subsist over the Database in some
jurisdictions.
### 6.0 Fair dealing, Database exceptions, and other rights not affected
6.1 This License does not affect any rights that You or anyone else may
independently have under any applicable law to make any use of this
Database, including without limitation:
a. Exceptions to the Database Right including: Extraction of Contents
from non-electronic Databases for private purposes, Extraction for
purposes of illustration for teaching or scientific research, and
Extraction or Re-utilisation for public security or an administrative
or judicial procedure.
b. Fair dealing, fair use, or any other legally recognised limitation
or exception to infringement of copyright or other applicable laws.
6.2 This License does not affect any rights of lawful users to Extract
and Re-utilise insubstantial parts of the Contents, evaluated
quantitatively or qualitatively, for any purposes whatsoever, including
creating a Derivative Database (subject to other rights over the
Contents, see Section 2.4). The repeated and systematic Extraction or
Re-utilisation of insubstantial parts of the Contents may however amount
to the Extraction or Re-utilisation of a Substantial part of the
Contents.
### 7.0 Warranties and Disclaimer
7.1 The Database is licensed by the Licensor "as is" and without any
warranty of any kind, either express, implied, or arising by statute,
custom, course of dealing, or trade usage. Licensor specifically
disclaims any and all implied warranties or conditions of title,
non-infringement, accuracy or completeness, the presence or absence of
errors, fitness for a particular purpose, merchantability, or otherwise.
Some jurisdictions do not allow the exclusion of implied warranties, so
this exclusion may not apply to You.
### 8.0 Limitation of liability
8.1 Subject to any liability that may not be excluded or limited by law,
the Licensor is not liable for, and expressly excludes, all liability
for loss or damage however and whenever caused to anyone by any use
under this License, whether by You or by anyone else, and whether caused
by any fault on the part of the Licensor or not. This exclusion of
liability includes, but is not limited to, any special, incidental,
consequential, punitive, or exemplary damages such as loss of revenue,
data, anticipated profits, and lost business. This exclusion applies
even if the Licensor has been advised of the possibility of such
damages.
8.2 If liability may not be excluded by law, it is limited to actual and
direct financial loss to the extent it is caused by proved negligence on
the part of the Licensor.
### 9.0 Termination of Your rights under this License
9.1 Any breach by You of the terms and conditions of this License
automatically terminates this License with immediate effect and without
notice to You. For the avoidance of doubt, Persons who have received the
Database, the whole or a Substantial part of the Contents, Derivative
Databases, or the Database as part of a Collective Database from You
under this License will not have their licenses terminated provided
their use is in full compliance with this License or a license granted
under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
survive any termination of this License.
9.2 If You are not in breach of the terms of this License, the Licensor
will not terminate Your rights under it.
9.3 Unless terminated under Section 9.1, this License is granted to You
for the duration of applicable rights in the Database.
9.4 Reinstatement of rights. If you cease any breach of the terms and
conditions of this License, then your full rights under this License
will be reinstated:
a. Provisionally and subject to permanent termination until the 60th
day after cessation of breach;
b. Permanently on the 60th day after cessation of breach unless
otherwise reasonably notified by the Licensor; or
c. Permanently if reasonably notified by the Licensor of the
violation, this is the first time You have received notice of
violation of this License from the Licensor, and You cure the
violation prior to 30 days after your receipt of the notice.
Persons subject to permanent termination of rights are not eligible to
be a recipient and receive a license under Section 4.8.
9.5 Notwithstanding the above, Licensor reserves the right to release
the Database under different license terms or to stop distributing or
making available the Database. Releasing the Database under different
license terms or stopping the distribution of the Database will not
withdraw this License (or any other license that has been, or is
required to be, granted under the terms of this License), and this
License will continue in full force and effect unless terminated as
stated above.
### 10.0 General
10.1 If any provision of this License is held to be invalid or
unenforceable, that must not affect the validity or enforceability of
the remainder of the terms and conditions of this License and each
remaining provision of this License shall be valid and enforced to the
fullest extent permitted by law.
10.2 This License is the entire agreement between the parties with
respect to the rights granted here over the Database. It replaces any
earlier understandings, agreements or representations with respect to
the Database.
10.3 If You are in breach of the terms of this License, You will not be
entitled to rely on the terms of this License or to complain of any
breach by the Licensor.
10.4 Choice of law. This License takes effect in and will be governed by
the laws of the relevant jurisdiction in which the License terms are
sought to be enforced. If the standard suite of rights granted under
applicable copyright law and Database Rights in the relevant
jurisdiction includes additional rights not granted under this License,
these additional rights are granted in this License in order to meet the
terms of this License.
Bing Maps data is provided by Microsoft. The terms of use can be found below.
These terms ("TOU") apply to your use of the Services and Content, defined below. By installing, accessing, or otherwise using the Services within your Application (defined below), you are agreeing to these TOU with Microsoft Corporation ("Microsoft", "we", "us", or "our"). You represent and warrant to us that you have the authority to accept this TOU on behalf of yourself, a company, or another entity, as applicable ("you" or "Company"). We may change, amend, or cancel this TOU at any time. Your use of the Services after the changes become effective means you agree to the new TOU. If you do not agree to the new TOU, you must stop using the Services.
Section 1. Definitions.
Wherever used in these TOU with the first letter capitalized, these terms have the following meanings:
(a) "Affiliate" means, with respect to an entity, any person or entity that directly or indirectly owns, is owned by, or is under common ownership with that entity. For purposes of this definition, ownership means control of more than a 50% interest in an entity.
(b) "API" means any form of application programming interface that provides access to a Microsoft service and any associated tools, including sample code that enables interactions with Microsoft's services, and documentation that Microsoft makes available under these TOU, and includes all elements, components, and executables of such API.
(c) "Application" means your software application, website, or product you create or a service you offer designed to provide access to the Services.
(d) "Asset" means mobile objects that are managed as part of a fleet, which may include vehicles, devices, or people.
(e) "Bing Maps License" means a license to use the Services for use pursuant to Standard Terms.
(f) "Bing Maps Platform APIs" means the APIs available here, and any other Bing Maps Platform APIs that Microsoft may offer via the Documentation.
(g) "Bing Maps TOU" means the Bing Maps End User Terms of Use located here, or such other location as Microsoft may specify from time to time, that apply to End Users.
(h) "Bing Spatial Data Services API" means the APIs that enable the use of REST URLs to geocode and reverse-geocode large sets of spatial data and to create and query data sources in Applications, as described in the Documentation.
(i) "Content" means any maps, images, geocodes, data, third-party content, or other content that Microsoft makes available to you via the Services.
(j) "Documentation" means the software development kits and technical documentation applicable to the Services, located here.
(k) "End User" means the users of your Application.
(l) "Limited License" means a license to use the Services in connection with an Application for educational, non-profit, government, non-commercial, or limited commercial purposes.
(m) "Services" means the (i) Bing Maps Platform APIs and the Maps Platform APIs for the Universal Windows Platform listed here that provide access to Content, including all elements, components, and executables of such APIs and (ii) documentation that Microsoft makes available under these TOU.
(n) "Standard Terms" means the separate licensing terms that accompany Microsoft products and services. Standard Terms include: (i) the licensing terms and conditions applicable to Microsoft Volume Licensing products and services, including the Product Terms and the Online Services Terms, both of which are available at https://www.microsoft.com/en-us/licensing/product-licensing/products.aspx; and (ii) the Microsoft Service Order under the Bing Maps Platform APIs Terms of Use.
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Section 2. License grants.
(a) Use of the Service and Content. Expressly conditioned upon your compliance with these TOU, and during the term of these TOU, Microsoft grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to: (i) install, use, and make calls to the Services to (A) develop, test, and support your Application and (B) allow End Users to use your integration of the Services within your Application; and (ii) to use the Content, as it is provided by the Services, in your Application. You may use the Services using only the methods and means of access that are documented in the Documentation.
(b) Attribution and proprietary notices. Microsoft grants you a non-exclusive, non-assignable, non-transferable, revocable license to reproduce and display Microsoft's logos in the Content in connection with your authorized use of the Services for the sole purpose of providing attribution to Microsoft. You must not change, obscure, remove, or resize any logo, trademark, copyright, or other notice of Microsoft or its suppliers or digital watermarks, if any, in the Content. You must display in a conspicuous manner within your Application any Microsoft or third party attribution provided by Microsoft.
(c) No Derivative Works. You will not modify or create a derivative work based on any Content unless expressly permitted to do so under these TOU. For example, the following are prohibited: (i) creating server-side modification of map tiles; (ii) stitching multiple static map images together to create other imagery products; or (iii) tracing or extracting features from Microsoft's maps, including imagery, to create a new work, such as a new mapping or navigation dataset.
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Section 3. Account Access.
We will provide you with a security key ("API Key") when you register that you must use to access the Services. You may not share your API Key with any third party, and you must use the API Key as your sole means of accessing the API. You are responsible for the security and confidentiality of your credentials, including your API Key, and all use of the Services through your credentials. You must notify Microsoft promptly of any possible misuse of your accounts or credentials. You may not create multiple accounts for the purpose of circumventing transaction limits.
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Section 4. Use of the Services.
You may use the Services only as expressly permitted in these TOU.
(a) Your use of the Services is subject to any additional restrictions or rights included in your Standard Terms.
(b) You will set the user region parameter in the Services in compliance with applicable laws, including those regarding mapping, of the country where the Content is made available.
(c) The Services may include Content that is subject to the Open Data Commons Open Database License ("ODbL"), available at https://opendatacommons.org/licenses/odbl/ or a successor site. Your use of such Content is subject to the terms of the ODbL, as well as these TOU.
(d) Microsoft may, in its sole discretion, limit: (i) the rate at which the Services, or any subset of it, may be called; (ii) the amount of storage made available to each Services account; or (iii) the length of individual content segments that may be uploaded to, or served from, the Services.
(e) You may only use Content from Ordnance Survey in Applications that you make available to the general public.
(f) You may combine or overlay Ordnance Survey's United Kingdom mapping data or data derived from Ordnance Survey's United Kingdom mapping data (but not Ordnance Survey's roads data) with the Services, only if you (i) have procured all such rights to Ordnance Survey's United Kingdom mapping data; and (ii) such use is consistent with your Ordnance Survey license.
(g) You may use geocodes with third-party maps.
(h) You will comply with the TomTom Terms and Conditions available at http://tomtom.com/en_gb/thirdpartyproductterms/.
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Section 5. General Restrictions.
When using the Services, you may not, nor may you permit End Users to:
(a) Use the Services in any application or situation where failure of the Services could lead to the death or serious bodily injury of any person or to severe physical or environmental damage.
(b) Use the Services in a way that could impair, harm, or damage Microsoft, any Microsoft service or application, or anyone's use of the Services;
(c) Use the Services to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, or networks connected to or that can be accessed via the Services;
(d) Use the Services in a way that violates applicable law, including:
(i) Illegal activities, such as child pornography, gambling, piracy, or violating copyright, trademark, or other intellectual property laws;
(ii) Intending to exploit minors in any way;
(iii) Accessing or authorizing anyone to access APIs from an embargoed country;
(iv) Threatening, stalking, defaming, defrauding, degrading, victimizing, or intimidating anyone for any reason; or
(v) Violating applicable privacy laws and regulations;
(e) Reverse engineer, decompile, or disassemble the Services, except and only to the extent that applicable law expressly permits, despite this limitation;
(f) Use the Services to create a database or service that competes with content received when using the Services;
(g) Use of the Content may not be used in combination with any open source software or other data subject to an open source license that may impair the copyright protection of the Content.
(h) Use the Services in any way that threatens the integrity, performance, or reliability of the Services or any Microsoft product or service, including performance or stress testing, or in any manner that works around any technical limitations in Services;
(i) Request from a Service more than the minimum data that your Application needs to offer End Users the intended Application functionality;
(j) Request from a Service any information outside any permissions granted by the End User of your Application, if a Service requires permissions;
(k) Redistribute, resell, or sublicense access to any Microsoft service or Content;
(l) Falsify or alter any unique referral identifier in, or assigned to, an Application, or otherwise obscure or alter the source of queries coming from an Application;
(m) Circumvent or bypass transaction limits by any means or in any manner, including by creating multiple accounts;
(n) Copy, store, archive, or create a database of Content, except that you may store geocodes locally for use solely with your Applications;
(o) Use the Services or Content in connection with (i) real-time navigation or route guidance or (ii) automatic or autonomous vehicle control;
(p) Use the Services for Asset tracking, unless you have paid for such use;
(q) Use Content that consists of points of interest data to generate sales leads;
(r) Integrate road maps from the Services with third-party roadmaps;
(s) Display any Service results, except geocodes, on third-party maps;
(t) Replace imagery from the Services with imagery supplied by any other mapping platform. Notwithstanding the foregoing, you may overlay aerial imagery that you have the rights to use, provided that such imagery does not substantially replace the base aerial imagery provided by the Services. You may incorporate various data layers of types not available through the Services, in the Applications (for example, demographic or school location data); or
(u) Use the Services or Content with a vehicle's dashboard, or a device connected to a vehicle's dashboard, systems, or sensors, except that the device may be connected to the vehicle power source for charging purposes.
Additional restrictions may apply to use of particular Content or functionalities, as set forth in the Documentation from time to time.
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Section 6. Fees and payment.
The price and payment terms for your use of the Services are governed by your Standard Terms, hereby incorporated by reference. Taxes, if any, will be paid as provided in your Standard Terms.
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Section 7. Bing Maps TOU.
You must provide a hypertext link to the Bing Maps TOU, which is located here, either at the bottom of each page in your Application where the Services can be accessed or viewed or within the terms of use of your Application. You are responsible for notifying End Users of changes to the Bing Maps TOU, and you will comply with Microsoft's reasonable instructions in doing so. You will not encourage or require any End User to breach the terms of the Bing Maps TOU. In the event an End User breaches the Bing Maps TOU, Microsoft may immediately terminate this Agreement in accordance with Section 14.
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Section 8. Data collection and privacy.
Microsoft may collect information from you or End Users such as, but not limited to, an End User's IP address, requests, time of submissions and the results returned to the End User, in connection with transaction requests to the Services. If the Services you are using include Bing Maps V8 Web Control, you understand and acknowledge that the Services are collecting non-identifiable data about your use of the Services. You consent to Microsoft transmitting such data to third parties. All access to and use of the Services is subject to the data practices set forth in the then-current Microsoft Privacy Statement. You are responsible for providing End Users with adequate notice of the privacy practices applicable to your Application.
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Section 9. Intellectual Property and Reservation of Rights.
(a) Reservation of Rights. All rights to the Services and the Content, including rights of use, not specifically granted under these TOU are reserved by Microsoft and its suppliers.
(b) Ownership. Except for material that we may license to you, we do not claim ownership of any data, information, or content that you upload or otherwise provide to us related to the Services. Except as set expressly stated in these TOU, these TOU do not grant Microsoft any right or license to any Application or Company intellectual property, including intellectual property that Company has licensed from third parties. Content that you upload to the Bing Spatial Data Services API will only be used by Microsoft to provide the Services to you, unless you agree to grant Microsoft additional rights under this section by way of the process detailed in the Documentation.
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Section 10. Disclaimer of Warranties.
The Services and all Content are provided "as is" without warranty of any kind by Microsoft or its suppliers. To the maximum extent permitted by law, any and all representations, warranties, or conditions of any kind whatsoever (including, but not limited to, implied or statutory warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or satisfactory quality), all with regard to the Services and any Content, are expressly excluded by Microsoft and its suppliers. Microsoft and its suppliers make no warranty that the Services will operate properly as integrated with the Applications, that the Services will be uninterrupted, or that any Content will be accurate or complete. Microsoft and its suppliers specifically disclaim any liability for End Users' reliance on the Services. Without limiting the foregoing, Microsoft and its suppliers will not be liable for harm to End Users resulting from reliance on any map, Content, or direction provided hereunder.
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Section 11. Disclaimer of consequential damages.
Neither party nor Microsoft's suppliers will be liable for any indirect damages (including, without limitation, consequential, special or incidental damages, damages for loss of profits or revenues, business interruption, or loss of business information), arising out of or related to the Services, Content, or these TOU, even if advised of the possibility of such damages or if the possibility was reasonably foreseeable.
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Section 12. Limitation of Liability.
If you are licensing the Services under a Limited License, the provisions of Section 12(a) apply. If you are licensing the Services in connection with Standard Terms, the limitation of liability in your Standard Terms applies. If there is no limitation of liability in your Standard Terms, then the provisions of Section 12(b) apply.
(a) Limited License. This Section 12(a) applies if you have a Limited License. The amounts that you may recover from Microsoft and its suppliers under these TOU is limited to direct damages up to an amount equal to fees you have paid Microsoft for the Services for one month.
(b) Bing Maps License. This Section 12(b) applies if you have a Bing Maps License. Neither party's nor Microsoft's suppliers' aggregate liability for all claims arising from or related to these TOU, the Services, or the Content will exceed the greater of (i) the amount of fees paid by Company to Microsoft in the 12 months preceding the date the claim arose, or (ii) $250,000. These limitations will apply even if any remedy fails its essential purpose. None of the limitations and exclusions in this section apply to claims related to either party's violation of the other party's intellectual property rights, under Section 13(b) (Indemnity for Bing Maps License), or to any obligation to pay fees.
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Section 13. Indemnity.
If you are licensing the Services under a Limited License, the provisions of Section 13(a) apply. If you are licensing the Services in connection with Standard Terms, the indemnity in your Standard Terms applies. If there is no indemnity in your Standard Terms, then provisions of Section 13(b) apply.
(a) Limited License duty to defend. You will indemnify and hold the Microsoft parties harmless from and against any and all loss, liability, and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings, or suits based on or arising out of any breach by you of any obligation or warranty under these TOU. You will be solely responsible for defending any claim, subject to Microsoft's right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation or liability on the Microsoft parties without Microsoft's prior written consent.
(b) Indemnity for Bing Maps License.
(i) Microsoft. Microsoft agrees at its expense to defend Company in a lawsuit or other judicial action, and pay the amount of any adverse final judgment (after any appeals) or settlement to which Microsoft consents, for any claim made by an unaffiliated third party that the Services infringe its copyright, trademark, or patent, or misappropriates a trade secret (individually and collectively, an "Infringement Claim").
(ii) Company. Company agrees at its expense to defend Microsoft in a lawsuit or other judicial action, and pay the amount of any adverse final judgment (after any appeals) or settlement to which Company consents, for any claim made by an unaffiliated third party to the extent based on the operation of any Application (together with any Infringement Claim, individually and collectively, a "Claim").
(iii) Conditions. With regard to any Claim, either party's obligations are subject to the following conditions: (A) the party seeking defense (the "Defended party") must promptly notify the other party (the "Defending party") in writing of the Claim; (B) the Defending party will have sole control over defense or settlement of the Claim; and (C) the Defended party must provide the Defending party with reasonable assistance in the defense of the Claim, for which the Defending party will reimburse Defended party's reasonable out of pocket expenses. Defended party will have the right to employ separate counsel and participate in the defense at Defended party's expense. Defending party may not settle the Claim without the Defended party's prior written consent, if such settlement would result in any admission, liability or limitation upon future actions of the Defended party.
(iv) Exceptions. Microsoft's obligations will not apply to the extent any Claim or adverse final judgment is based on: (A) any unauthorized use, disposition or promotion of the Services or a Microsoft trademark by Company; (B) a patent or copyright owned or controlled by Company or its Affiliate; (C) combining the Services with a non-Microsoft product, data, or business process, if the basis of the Claim would not have existed but for such combination; or (D) continued use of any part of the Services after notice from Microsoft to stop use because of any alleged infringement. Company will reimburse Microsoft for all damages, costs, and expenses resulting from such actions.
(v) Mitigation. In addition to the obligations in Section 13(b)(i), Microsoft may, in connection with a potential Infringement Claim, at its expense and option, take further action such as: (A) procuring for Company the rights or licenses necessary to address the Infringement Claim; (B) replacing or modifying the Services to make it non-infringing; or (C) terminating the Services and refunding any fees prepaid by Company for undelivered Services.
(vi) Exclusive remedy. This Section 13 provides Company's exclusive remedy for third party Infringement Claims.
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Section 14. Term and termination.
These TOU are effective upon your acceptance. Either party may terminate these TOU if the other party is in breach of any material term and fails to cure it within 30 days after written notice that describes the breach. In the event of termination by Microsoft due to Company's uncured material breach, all rights granted to you by these TOU will automatically terminate and you will cease to have any rights to use the Services and all unpaid amounts for Services delivered prior to termination automatically become due and payable. In addition, if you are licensing the Services under a Limited License, Microsoft may terminate these TOU at any time without notice.
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Section 15. Services updates.
Microsoft will make commercially reasonable efforts to provide you with advance notice of material updates to the Services. When Microsoft reasonably believes an update will require significant changes to all Applications using the Services (such as major version releases - e.g. v1.0 to v2.0), Microsoft will continue to make the prior version (one version back) of the Services available for at least 12 months after the release of a new version. You may be unable to access the Services if you do not upgrade your Applications to the latest version during that time.
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Section 16. Changes, cancellation or suspension of the Services.
We may change, cancel, or suspend your use of the Services at any time. Some changes to the Services may cause your Applications to stop working. Our cancellation or suspension may be without cause and/or without notice. Upon cancellation, your right to use the Services stops immediately, and you will not be able to access any data you have stored on the Services.
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Section 17. Changes to the TOU.
We may update these TOU from time to time, and the effect of those changes will be governed by your Standard Terms, if any. We will notify you of any changes as provided by Section 18. If you do not agree to the changes, then you must stop using the Services. If you do not stop using the Services, then your use of the Services will continue under the changed TOU. In the future, we may choose to charge for all uses of the Services, or change the requirements for uses free of charge. If we choose to change the fee requirements for the Services, Microsoft will provide notice of such terms as provided in Section 18, and you may elect to stop using the Services rather than incurring fees.
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Section 18. Notices.
You are responsible for keeping the contact information for your account up to date, which you may do at www.bingmapsportal.com. We may send you additional information, including legal notices and notices required by law, in electronic form. We may provide required information to you: (a) at the email address you specified when you signed up for the Services or any email address you specified via www.bingmapsportal.com; or (b) by posting on any portion of these TOU or to another Microsoft web site that will be designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date of the email. If you do not consent to receive notices electronically, you must stop using the Services. Any notice from you will be sent electronically to: maplic@microsoft.com.
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Section 19. Compliance with laws.
You must comply with all laws and regulations applicable to you and your End User's use of the Services, including laws related to privacy, data protection, and U.S. export laws.
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Section 20. Miscellaneous.
(a) Assignment. You may not assign or delegate any rights or obligations under these TOU, including in connection with a change of control, without Microsoft's prior written consent. Any purported assignment and delegation will be ineffective. We may freely assign or delegate all rights and obligations under these TOU, fully or partially, without notice to you.
(b) Force Majeure. Microsoft and Company will not be in default if performance is delayed or prevented for reasons beyond its control, so long as it resumes performance as soon as practical.
(c) Survival. Sections 9-14 and 20 will survive the termination of this TOU and your Standard Terms, if any.
(d) Choice of Law and Location for Resolving Disputes. If you are headquartered anywhere other than Europe: (i) Washington State law governs the interpretation of these TOU and applies to claims for breach, regardless of conflict of laws principles; and (ii) you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this TOU. If you are headquartered in Europe: (i) the laws of England and Wales govern the interpretation of this TOU and apply to claims for breach, regardless of conflict of laws principles; and (ii) you and we irrevocably consent to the exclusive jurisdiction and venue of the courts located in London, England, for all disputes arising out of or relating to these TOU. The parties waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. In any dispute relating to the Bing Maps Agreement or these TOU, the prevailing party will be entitled to recover reasonable attorneys' fees and costs.
(e) Enforceability and Interpreting the TOU. All parts of these TOU apply to the maximum extent permitted by law. If any provision of your Standard Terms renders these TOU unenforceable, the parties (or, if the parties cannot agree, a court) will revise it so that it can be enforced. Even if no revision is possible, the rest of your Standard Terms and these TOU will remain in place. These TOU, together with your Standard Terms, constitute the entire agreement between you and us regarding your use of the Services. In the event of any conflict between these TOU and your Standard Terms, the Standard Terms will prevail.
(f) No Third Party Beneficiaries. These TOU are solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.
(g) No joint venture. The parties are operating as independent contractors, and nothing in these TOU will be construed as creating a partnership, franchise, joint venture, employer-employee, or agency relationship.
(h) Waiver. Any delay or failure of either party to exercise a right or remedy will not result in a waiver of that, or any other, right or remedy. No waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
(i) Logos; marketing. Except as otherwise agreed to by the parties in writing, neither party will use any logo or trademark of the other party for marketing or any other purpose without the other party's prior written approval.
(j) Print rights. If print rights are available for the Services, such rights will be included here.
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Product-Specific Terms
Section 1. Specific usage terms definitions.
(a) "Billable Transaction" means a call to the Service for which you pay a fee, as further described here.
(b) "Bing Maps Distance Matrix API" means the API that enables developers to generate and calculate travel time and distance information between various origin and destination locations, but without the routing details.
(c) "Bing Maps Isochrone API" means the API that calculates the geographical area that can be reached for a given travel time or distance. The result is a time- or distance-based geographical polygon based on routable networks for driving, walking, and public transit.
(d) "Bing Maps Multi-Itinerary Optimization API" means the API that calculates optimized itineraries for multiple agents and multiple waypoints with time windows based on travel time or distance.
(e) "Bing Maps REST Services API" means the Services that enable the use of REST URLs to perform tasks such as creating a map with pushpins, geocoding an address, retrieving imagery metadata or calculating a route, all as part of Applications, as described in greater detail in the Documentation.
(r) "Bing Maps Snap to Road API" means the API that takes a list of longitudes and latitudes and returns a list of objects containing longitude, latitude, speed limit, and street names that forms a route snapped to the roads on the map. Users can request that the points be interpolated, resulting in a path that smoothly follows the geometry of the road.
(g) "Bing Maps Truck Routing API" means the API that gets a truck driving route by specifying a series of geographical locations defined by longitude and latitude that is used for navigational purposes. The route includes information such as route instructions, travel duration, travel distance. The API takes into consideration specific requirements for trucks and larger vehicles, e.g. avoiding low bridges, sharp turns, steep gradients, or following restrictions and permits for hazardous material.
(h) "Bing Maps Web Control API" means the Bing Maps Java Script API that enables developers to create web sites and mobile Applications with imagery and location functionality, as described in greater detail in the Documentation. The Bing Maps Web Control was previously known as the Bing Maps AJAX Control API.
(i) "Bing Maps Windows Presentation Foundation Control API" means the programmable control that enables developers to integrate Bing Maps into Applications that use Windows Presentation Foundation, as described in greater detail in the Documentation.
(j) "Premium Services" means the Bing Maps Distance Matrix API, Bing Maps Isochrone API, Bing Maps Snap to Road API, Bing Maps Truck Routing API, and Bing Maps Multi-Itinerary Optimization API.
(k) "Session" means a period of time that begins when an End User loads a Bing Maps control in the End Users' browser or application and ends when the End User navigates to a different web page or closes the application.
(l) "Transaction" means a call to the Service measured on a per-account basis.
(m) "Windows App" means using the Services in an Application (i) built upon the Universal Windows Platform which runs exclusively across Windows platforms or (ii) which runs exclusively on the Windows 8.x and earlier operating systems.
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Section 2. Volume Licensing.
(a) Definitions. The following definitions apply with respect to your use of the Services pursuant to a Microsoft Volume Licensing Agreement.
(i) "Drive Analytics" means the information about a vehicle's movement derived from an Application's use of the Bing Maps Snap to Road API, which may include latitude/longitude coordinates, road names and posted speed limits (car or truck).
(ii) "Europe" means, for purposes of Volume Licensing, Western Europe (Andorra, Austria, Belgium, Denmark, Eire (Republic of Ireland), Faroe Islands, Finland, France, Germany, Gibraltar, Greece, Greenland, Guernsey, Iceland, Italy / Vatican City, Jersey, Liechtenstein, Luxembourg, Malta, Man, Monaco, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, The Netherlands, and United Kingdom); Eastern Europe (Albania, Belarus, Bosnia & Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Macedonia, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, and Ukraine); and Turkey.
(iii) "Geofence" means one or more coordinates used to determine whether the location of an Asset has intersected a line or entered or exited a polygon. Examples include a radius of a point, a polyline, or a polygon.
(iv) "Geofencing Alert" means the notification generated when an Asset enters, intersects, or exits a Geofence.
(v) "Known User" means a user that is provisioned or authenticated by your Application (but not necessarily your web site or network), for example through the use of usernames, passwords, digital certificates, unique IDs, smart cards, or other identification technology.
(vi) "Known User Subscription License" means the license granted to a Known User pursuant to Standard Terms.
(vii) "Mobile Asset Management With Routing SKUs" means, collectively, Bing Maps Mobile Asset Management North America with Routing Per Asset; Bing Maps Mobile Asset Management Europe with Routing Per Asset; Bing Maps Asset Management for Windows North America with Routing Per Asset; Mobile Asset Management North America with Routing per Asset; Mobile Asset Management Europe with Routing per Asset; Bing Maps Asset Management for Windows Europe with Routing per Asset; and Mobile Asset Management Rest of World with Routing per Asset.
(viii) "Mobile Asset Management Without Routing SKUs" means, collectively, Bing Maps Mobile Asset Management North America without Routing Per Asset, Bing Maps Mobile Asset Management Europe without Routing Per Asset and Bing Maps Mobile Asset Management Rest of World without Routing Per Asset.
(ix) "North America" means, for purposes of Volume Licensing, the United States and Canada.
(x) "Rest of the World" means, for purposes of Volume Licensing, everywhere except North America and Europe (as defined above).
(b) Asset tracking. You may not, and you may not permit End Users to, use the Services to track Assets that are consumer devices, unless you have purchased one or more of the following SKUs: Bing Maps Mobile Asset Management, Consumer Tracked Per Asset, or Bing Maps Transaction.
(c) Volume Licensing Agreement Terms. For clarity, the following terms will be governed by your Volume Licensing Agreement: Confidentiality; Duty to Defend; Limitation of Liabilities and Disclaimers; Taxes; Choice of Law and Location for Resolving Disputes; Force Majeure; and Assignment.
(d) Application usage terms. The following terms apply to your use of the offerings listed below that you purchase through Volume Licensing.
(i) Bing Maps Transaction Subscription License. This license includes billable and non-billable transaction requests to the Bing Maps Platform APIs, up to the number of Billable Transactions that have been purchased.
(ii) Bing Maps Known User Subscription License. If you have purchased this license, you may use the Services (excluding Premium Services) only in Applications that are used internally within your organization up to the number of Bing Maps Known User Subscription Licenses purchased. Usage is limited to: (A) 100,000 total forward or reverse geocoding transactions, Sessions, or routing requests within any 24-hour period; and (B) 10 million total forward or reverse geocoding transactions, Sessions, or routing requests per year under the Bing Maps Known User SL. If you license more than 5,000 Bing Maps Known User Subscription Licenses, the limits set forth in these TOU will be increased at a rate of 20 requests per Known User within any 24-hour period and 2,000 requests per Known User per year, for each Known User above 5,000. Such increased limits will continue for the duration that you license more than 5,000 Known User SLs.
(iii) Bing Maps Light Known User Subscription License. If you have purchased this license, you may use the Services (excluding Premium Services) only in Applications that are used internally within your organization. Usage is limited to: (A) 25,000 total forward or reverse geocoding transactions, Sessions, or routing requests within any 24 hour period and (B) 5 million total forward or reverse geocoding transactions, Sessions, or routing requests per year. If you license more than 5,000 Light Known User SLs, these limits will be increased at the rate of 10 requests per Light Known User within any 24-hour period and 1,000 requests per Light Known User per year, for each Light Known User Subscription License above 5,000. Such increased limits will continue for the duration that you license more than 5,000 Known User Subscription Licenses.
(1) Subject to Section 5(p), you may overlay administrative boundaries or other map content, provided that the Application's user interface prevents end users from:
(A) loading additional map content layers of any kind;
(B) editing or creating map content. For avoidance of doubt, simple annotations such as a line, arrow, polygon, or circle to highlight an area is allowed and not considered map content under this restriction; and
(C) executing any spatial query other than proximity (find the nearest), point-in-polygon, distance between two points, or find and route within the Services. For avoidance of doubt, your Application may not perform geofences, buffers, or query a spatially-enabled database.
(iv) Bing Maps Mobile Asset Management Platform Add-on Subscription License (plus the Mobile Asset Management With Routing SKUs or Mobile Asset Management Without Routing SKUs). Under this License, you may only use the Services in an Application that is used by your employees for mobile asset management to track, view, and manage Assets based on their GPS or other sensor based location. Your Application may be accessed via a web browser or an installed client, provided that you strictly control functionality in the user interface and authentication of users. This license includes the right to use Premium Services, unless specifically stated otherwise.
(1) The Bing Maps Mobile Asset Management Platform Add-on SL and the Mobile Asset Management With Routing SKUs or Mobile Asset Management Without Routing SKUs. This does not include the right to use Premium Services. To use Premium Services, you must purchase an additional license.
(2) Mobile Asset Management With Routing SKUs. You may use the Services (excluding Premium Services) for business asset tracking, fleet management, or dispatch, including to monitor or track the location or movement of Asset(s) and provide guidance based on the position or routing of multiple objects tracked using GPS or other sensor-generated methods.
(3) Mobile Asset Management Without Routing SKUs. You may use the Services (excluding Premium Services) for business asset tracking, fleet management, or dispatch, including to monitor or track the location or movement of Asset(s), provided, however, that you may not use the Services for routing.
(4) Mobile Asset Management Distance Matrix Automatic SKU. You may use the Bing Maps Distance Matrix API for business asset tracking, fleet management, or dispatch, including to monitor or track the location or movement of Asset(s) and provide guidance based on the position or routing of multiple objects tracked using GPS or other sensor-generated methods. Your Application should optimize the dispatch of a particular Asset to a location based on the location of other Assets.
(5) Mobile Asset Management Distance Matrix Manual SKU. You may use the Bing Maps Distance Matrix API for business asset tracking, fleet management, or dispatch, including to monitor or track the location or movement of Asset(s) and provide guidance based on the position or routing of multiple objects tracked using GPS or other sensor-generated methods. The Application should optimize the dispatch of a particular Asset to a location based on the location of other Assets. You must manually determine the optimal dispatch of a particular Asset to a location based on the location of other Assets.
(6) Mobile Asset Management Truck Routing SKU. You may use the Bing Maps Truck Routing API for business asset tracking, fleet management, or dispatch, including to monitor or track the location or movement of Asset(s) and provide guidance based on the position or routing of multiple objects tracked using GPS or other sensor-generated methods.
(7) Mobile Asset Management Drive Analytics SKU. You may use Drive Analytics for business asset tracking, fleet management, or dispatch, including to monitor or track the location or movement of Asset(s) and provide guidance based on the position or routing of multiple objects tracked using GPS or other sensor-generated methods.
(8) Transaction limits. You are limited to 100,000 total requests or 100 requests per Asset, whichever is greater, of forward geocoding transactions, sessions, or routing requests (provided routing requests may only be used if you have purchased a SKU that includes routing per Asset), all measured as an average over any 24-hour period. You also may not exceed more than 150 reverse geocode requests per Asset over any 24-hour period.
(9) Notwithstanding Section 5(m), you may use the Services to cache a Geofence and/or Geofencing Alerts on a device only with your Application, provided that neither the Geofence and/or Geofencing Alerts interacts with the vehicle's dashboard, systems or sensors.
(v) Bing Maps Mobile Asset Management Platform Add-on SL and Bing Maps Mobile Asset Management Consumer Tracked Per Asset.
(1) You may only use the Services (excluding Premium Services) in an Application that is used to track, view, and manage Assets that are consumer devices based on their GPS or other sensor based location. Your Application may be accessed via a web browser or an installed client, provided that you strictly control functionality in the user interface and authentication of users.
(2) You may not exceed 50,000 total requests or 20 requests per Asset, whichever is greater, of forward geocoding, sessions, or routing requests, all measured as an average over any 24-hour period. You also may not exceed more than 50 reverse geocoding requests per Asset over any 24-hour period using the Bing Spatial Data Services API or otherwise.
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Section 3. Limited License uses.
(a) Transaction limits. If you are licensing the Services for Education, Non-Profit, or Windows App development use, you may not, nor may you permit End Users to, exceed 50,000 cumulative Billable Transactions (which will be free of charge) as defined in the Documentation, within any 24-hour period.
(b) Education or non-profit organization use. If you are using the Services with an Application that displays results for Education or Non-Profit use, then your Application must be one of the following: (i) publicly available without restriction (for example, login or password must not be required); (ii) available only to current students of your educational organization via your private network in order to provide education-related services; or (iii) available internally for free instructional use or available internally for non-commercial research use. Commercially-funded research projects and commercial company use for educational purposes are excluded from Education and Non-Profit use. "Non-profit" means a tax exempt organization. "Education" means use by public or private K-12 schools, universities, community colleges, or other collegiate level institutions, such as vocational schools, trade schools or career colleges, including their respective faculty, staff, and students.
(c) Limited website and mobile app use. If you are using the Services in an Application for commercial, non-commercial (except for Education or Non-profit use) or government use under these TOU, without entering into Standard Terms, then your Application must be available on a website or a mobile app running in a non-Microsoft Windows operating system, and must not exceed (i) 125,000 cumulative Billable Transactions (which will be free of charge) as defined in the Documentation, per calendar year or (ii) 5 queries per second, calculated as the sum of client-side and server-side queries. If your use will exceed these limits, please contact us to license additional transactions. You are responsible for obtaining End Users' express permission (opt-in) to use End Users' personally identifying information, including End Users' location information, and providing a mechanism through which End Users can opt-out of the use of their personally identifiable and location information. Your use of the Content in the Services is subject to the Mobile Brand Guidelines.
(d) Windows App development. If you are using the Services in an Application that (i) is built upon the Universal Windows Platform, which runs exclusively across Windows platforms or (ii) runs exclusively on the Windows 8.x or earlier operating systems, then you must make your Application available either to the general public (for free or a fee) or internally for free instructional, non-commercial use. You may not use the Services for or in connection with Windows Apps applications used by authenticated enterprise users (employees or agents of the enterprise) over a private network under this section (see Section 3(c) for terms on such use).
(1) The Maps Platform APIs for the Universal Windows Platform are not available for Windows Apps running on Windows 8.x and earlier operating systems. You may download Content as specifically enabled in the Services for the Universal Windows Platform for use only in your Application.
(2) You are responsible for obtaining End Users' express permission (opt-in) for your use of End Users' personally identifying information, including End Users' location information, and providing a mechanism through which users can opt-out of the use of their personally-identifiable and location information.
(3) If you have Standard Terms, you may use the Services for Windows App development free of charge pursuant to this Section 3(d)(3) by following the instructions at the Bing Maps Portal.
(e) Media, entertainment and broadcast use. To use Bing Maps for Media, Entertainment and Broadcast Use, please refer to the Bing Maps Media, Entertainment and Broadcast Use Terms of Use.
Live Radio Feeds are provided by LiveATC.net. The terms of use can be found below.
LIVEATC.NET TERMS OF USE
(EFFECTIVE AS OF FEBRUARY 1, 2009)
PLEASE READ CAREFULLY
Should you have any questions concerning this Agreement or need technical support, you may contact LiveATC.net support by visiting our support form .
This LiveATC.net Terms of Use Agreement (this "Agreement") is a legal agreement between you and LiveATC.net ("LiveATC.net", "we", "us" or "our") providing, among other things, the terms and conditions for your use of LiveATC.net's air traffic control ("ATC") streaming services (collectively, the "LiveATC.net Services"), including but not limited to delivery via our Web site [http://www.liveatc.net] (the "Site"), a mobile device, or otherwise.
We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www.liveatc.net/legal . If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the LiveATC.net Services (as defined below) or, if applicable, cancel your LiveATC.net Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the LiveATC.net Services after any amendments are posted on the Site.
PARENTAL ADVISORY. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. LIVEATC.NET SERVICES ARE NOT INTENDED TO BE INAPPROPRIATE FOR CHILDREN UNDER THE AGE OF 13 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE. HOWEVER, DESPITE OUR BEST ABILITIES TO MODERATE CONTENT POSTED IN THE LIVEATC.NET FORUMS, WE CAN NOT GUARANTEE THAT CONTENT POSTED WILL BE FREE OF PROFANITY AND OTHER UNDESIRABLE CONTENT. CHILDREN UNDER THE AGE OF 13 MUST OBTAIN PARENTAL CONSENT PRIOR TO HAVING A DISCUSSION FORUM ACCOUNT ACTIVATED BY LIVEATC.NET.
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE LIVEATC.NET SERVICES. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE LIVEATC.NET SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE LIVEATC.NET SERVICES. YOU MAY BE DENIED ACCESS TO THE LIVEATC.NET SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
1. AUTHORIZED USERS
1.1 Registration. To use any aspect of the LiveATC.net Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. LiveATC.net will use your Account Information in accordance with its privacy policy [http://www.liveatc.net/privacy]. By providing LiveATC.net your email address, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address, or for subscribers to mobile Services, your mobile telephone number, to send you other messages, including information about LiveATC.net and special offers. You may opt out of such email by changing your account settings or sending an email to opt-out@liveatc.net. You may opt out of mobile text messages by sending an email to support@liveatc.net. You may also opt out of mobile text messages and/or non-Service-related emails by sending mail to the following postal address:
LiveATC.net LLC
P.O. Box 178
Amherst, NH 03031
Opting out may prevent you from receiving messages regarding LiveATC.net or special offers.
1.2 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. LiveATC.net will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless LiveATC.net, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
1.3 Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, LiveATC.net uses appropriate physical, technical and administrative procedures to safeguard the information we collect.
We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us.
Credit card numbers are used only for processing payments and are not used for other purposes.
2. LICENSE TO LIVEATC.NET SERVICES
2.1 License Grante. LiveATC.net grants to you a limited, non-exclusive, non-transferable license to access and use the LiveATC.net Services for personal non-commercial purposes only. If you subscribe to any of the LiveATC.net Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.1 may result in the immediate termination of your right to use the LiveATC.net Services. LiveATC.net reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE LIVEATC.NET SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
2.2 Updates. LiveATC.net may from time to time make available to all users of the LiveATC.net Services, updates at no cost or subject to additional fees in LiveATC.net's sole discretion. "Updates" means any updates, upgrades or error corrections to the LiveATC.net Services that LiveATC.net makes available generally to users of the LiveATC.net Services. Notwithstanding anything else contained in this Agreement, LiveATC.net will have no obligation to continue producing or releasing new versions of the LiveATC.net Services or any updates thereto.
3. RESTRICTIONS
You agree that you will not:
3.1 use the LiveATC.net Services to reproduce copyrighted materials;
3.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the LiveATC.net Services without giving credit to LiveATC.net as the source of the original material;
3.3 make the LiveATC.net Services available over a network (other than LiveATC.net's network) where it could be used by others;
3.4 make the LiveATC.net Services directly available via any other dedicated desktop or mobile commercial application, for profit or not;
3.5 access the LiveATC.net web site in any way that intentionally affects or significantly negatively impacts the performance or reliability of the LiveATC.net web site or the LiveATC.net audio streaming network;
3.6 provide your password to any other person;
3.7 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the LiveATC.net Services or any portion of them;
3.8 circumvent any technology used by LiveATC.net or its licensors to protect content accessible via the LiveATC.net Services;
3.9 use the LiveATC.net web site for any aviation, commercial, operational, law enforcement, or judicial activity that relies on the availability, validity, or accuracy of LiveATC.net data. While it contains authentic ATC broadcasts, it is for training and entertainment purposes only;
3.10 disguise the origin of your connection to the LiveATC.net web site;
3.11 provide false or inaccurate information to the LiveATC.net web site;
3.12 use the LiveATC.net web site for the purpose of conducting illegal activity;
3.13 access the LiveATC.net web site with other than an interactive web browser (or other authorized software agents, which include general purpose media players) or with any program, collection agent, or "robot" for the purpose of automated retrieval of content, unless you are granted permission by LiveATC.net to do so.
3.14 rent, lease or sublicense any of the LiveATC.net Services;
3.15 link directly to any of the audio streams without consulting with LiveATC.net. When you do link you agree to give credit to LiveATC.net with a prominent link to www.liveatc.net; or
3.16 use the LiveATC.net Services in any way that violates the terms of this Agreement.
4. COPYRIGHTS
As between you and LiveATC.net, you acknowledge that LiveATC.net owns or has a license to all title and copyrights in and to the LiveATC.net Services. All title and intellectual property rights in and to the licensed content in the LiveATC.net Services is the property of LiveATC.net and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
5. LIVEATC.NET TRADEMARKS AND THIRD-PARTY TRADEMARKS
The following are registered trademarks or trademarks of LiveATC.net: LiveATC.net as well as certain other LiveATC.net trademarks, service marks, graphics, and logos (collectively, the "LiveATC.net Trademarks") used in connection with the LiveATC.net Services. The LiveATC.net Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to LiveATC.net Trademarks or the trademarks of any third party.
6. SECURITY
The LiveATC.net Services may use technology to protect the digital information provided by LiveATC.net from unauthorized use. Your use of the LiveATC.net Services may be limited by such technology. You acknowledge that, from time to time, LiveATC.net may modify or discontinue using such technology. Security modifications made by LiveATC.net may from time to time include required updates to the LiveATC.net Services. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
7. PRIVACY POLICY
LiveATC.net cares about your privacy. It is important that you read and understand the terms of LiveATC.net's Privacy Policy. LiveATC.net may cooperate with and disclose information (including your Forum Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the LiveATC.net Services.
8. AGREEMENT TO PAY
If you elect to become a subscriber to any paid services provided by LiveATC.net, you agree to pay all applicable fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You will maintain valid credit card information in your Account Information.
9. TERM
This Agreement will remain effective until terminated by you or terminated by us.
10. DISCLAIMERS
10.1 THE LIVEATC.NET SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE LIVEATC.NET SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIVEATC.NET DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LIVEATC.NET MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE LIVEATC.NET SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LIVEATC.NET DISCLAIMS ANY LIABILITY RELATING THERETO.
10.2 LIVEATC.NET MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE LIVEATC.NET SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, LIVEATC.NET MAY MODIFY, SUSPEND, OR DISCONTINUE THE LIVEATC.NET SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER LIVEATC.NET ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE LIVEATC.NET SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. LIVEATC.NET DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
10.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE LIVEATC.NET SERVICES. LIVEATC.NET WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
10.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE LIVEATC.NET SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT LIVEATC.NET ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
11. LIMITATION OF LIABILITY
11.1 IN NO EVENT WILL LIVEATC.NET BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF LIVEATC.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIVEATC.NET OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
11.2 LIVEATC.NET'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE LIVEATC.NET SERVICES AT ISSUE.
12. INDEMNITY
YOU WILL INDEMNIFY AND HOLD LIVEATC.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE LIVEATC.NET SERVICES
13. GENERAL INFORMATION
13.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the LiveATC.net Services.
13.2 LiveATC.net or its business partners may present advertisements or promotional materials via the LiveATC.net Services. Your dealings with, or participation in promotions of any third-party advertisers via the LiveATC.net Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that LiveATC.net is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the LiveATC.net Services.
13.3 The LiveATC.net Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
13.4 The LiveATC.net Services are owned or licensed by LiveATC.net and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
13.5 This Agreement will be governed by the laws of the State of Massachusetts. The exclusive jurisdiction for any claim, action or dispute with LiveATC.net or relating in any way to your use of the LiveATC.net Services will be in the state and federal courts of the State of Massachusetts and the venue for the adjudication or disposition of any such claim, action or dispute will be in courts located in the State of Massachusetts.
13.6 Should you have any questions concerning this Agreement or need technical support, you may contact LiveATC.net support by visiting our support form .
13.7 LiveATC.net may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by LiveATC.net in its sole discretion. LiveATC.net reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Last Modified: February 1, 2009
Live Airport Arrival and Departure Data is provided by FlightAware.com. The terms of use can be found below.
Your Obligations To FlightAware
You will not disguise the origin of your connection to the FlightAware Website.
You will not provide false or inaccurate information to the FlightAware Website.
You will not use the FlightAware Website for the purpose of conducting illegal activity.
You will not abuse the FlightAware Website with spam, including self-promotion, in any user contributed content.
You will not access the FlightAware Website in any way that intentionally affects or significantly negatively impacts the performance or reliability of the FlightAware Website.
With the exception of FlightAware data feeds and APIs, you will only access the FlightAware Website with a human-operated interactive web browser and not with any program, collection agent, or "robot" for the purpose of automated retrieval or display of content.
You will not use the FlightAware Website for any aviation, commercial, operational, law enforcement, judicial, or safety-critical activity that relies on the availability, validity, or accuracy of FlightAware data.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify FlightAware of any unauthorized uses of your account or any other breaches of security. FlightAware will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the contents of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
You represent and warrant that (i) your use of the Website will be in strict accordance with the FlightAware Privacy Policy, FlightAware Discussions FAQ, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
FlightAware's Obligations To You
FlightAware has the right, but not the obligation, to moderate any and all conversations, discussions, topics, posts, and images, in the discussion forums, photo system, or squawks section without prejudice.
FlightAware may choose to refuse service, account privileges, or access to any individual at any time without explanation or justification.
FlightAware makes no representations about the results to be obtained from using FlightAware. Any use is at your own risk.
FlightAware has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and is not responsible for that material’s content, use or effects.
The FlightAware Website is provided exclusively on an "as is" basis, with no “service level agreement” unless expressly negotiated in a writing signed by the parties.
FlightAware disclaims any and all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for any purpose. FlightAware make no representations or warranties about the accuracy, completeness, security, or timeliness of the content, information, or services provided on or through the use of FlightAware. No information obtained by you from FlightAware shall create any warranty not expressly stated by FlightAware.
FlightAware disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
FlightAware disclaims any responsibility for any harm resulting from your use of non-FlightAware.com websites and webpages. FlightAware has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FlightAware.com links, or that link to FlightAware.com. FlightAware does not have any control over those non-FlightAware.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-FlightAware.com website or webpage, FlightAware does not represent or imply that it endorses such website or webpage.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, malware and other harmful or destructive content.
You agree to indemnify and hold harmless FlightAware, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your misfeasance or malfeasance in use of the Website, including but not limited to your violation of this Agreement.
Intellectual Property, Patent and Trademark Notice
Any intellectual property or content associated with FlightAware is the sole property of FlightAware. With the exception of data retrieved through the FlightXML service, you may not copy, reproduce, distribute, modify, lease, loan, sell, or create creative derivative works of any FlightAware content.
You grant FlightAware a worldwide, royalty-free, unlimited, irrevocable license to use, transmit, distribute, and sell any submitted photography or media content. You acknowledge that the owner of any submitted content continues to retain ownership to the submitted content.
You acknowledge that any ideas, concepts, or techniques ("suggestions") for new or existing services submitted to FlightAware or discussed on the FlightAware Discussions forums are not confidential or proprietary. FlightAware will have an unrestricted, irrevocable, world-wide, royalty free right to use, disseminate, display, distribute, and exploit any suggestions.
You agree that by posting content to FlightAware.com, the Content you post is licensed to FlightAware under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License (the “CC BY-NC-SA License”), under the terms of which you grant to FlightAware a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the following rights in the Work (all capitalized terms in section a-d below are as defined in CC BY-NC-SA License):
to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";
to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
to Distribute and Publicly Perform Adaptations.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats.
Without limiting any of those representations or warranties, FlightAware has the right (though not the obligation) to, in FlightAware’s sole discretion, (i) refuse or remove any content that, in FlightAware’s opinion, violates any FlightAware policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. FlightAware will have no obligation to provide a refund of any amounts previously paid.
DMCA notice - As FlightAware asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FlightAware.com violates your copyright, notify FlightAware, LLC in writing at 11 Greenway Plaza, Suite 2900, Houston, TX 77046.
Aspects of the FlightAware Website, services, and technology are covered by one or more of the following FlightAware patents: U.S. Patent No. 7,786,899; U.S. Patent No. 7,907,067; U.S. Patent No. 8,160,759; U.S. Patent No. 8,165,809; U.S. Patent No. 8,214,144; U.S. Patent No. 8,296,281; U.S. Patent No. 8,332,136; U.S. Patent No. 8,497,803 U.S. Patent No. 8,606,508; U.S. Patent No. 8,958,931; and U.S. Patent No. 8,963,776.
FlightAware®, FlightAware.com™, AirportAware®, FuelAware®, WeatherAware™, MiseryMap™, FlightFeeder®, PiAware™, HyperFeed®, FBO ToolBox™, FlightXML™, Ready to Taxi™, and the FlightAware logos are all trademarks of FlightAware, LLC. Other trademarks are the property of their respective owners.
This Agreement constitutes the entire agreement between FlightAware and you concerning use of the Website and the terms above, and it may only be modified by a written amendment signed by an authorized executive of FlightAware, or by the posting by FlightAware of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Houston, Harris County, Texas. Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought by FlightAware without the posting of a bond, unless a bond is required by state law or practice, in which event a nominal bond shall suffice. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FlightAware may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last Updated: July 22, 2019
The unlabeled satellite tile data is provided by HereApi. The terms of service are below.
1. Acceptance
These HERE Service Terms together with the Privacy Policy and all other additional terms and information that may be provided within the Service (collectively “Terms”) govern your use of the service, site, content and software (collectively the "Service"). By registering for or using the Service or any portion of it you accept the Terms.
The Terms constitute an agreement between you and HERE Global B.V. , Kennedyplein 222-226, 5611 ZT Eindhoven, Netherlands, including its affiliates and suppliers (collectively “HERE”), defining your and HERE’s rights and responsibilities with respect to the Service.
2. Eligibility
To use the Service, you must be at least thirteen (13) years of age. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept your registration on your behalf and approve your use of the Service. Anyone completing the registration must be legally competent.
3. Registration and Termination
To use a Service you may need to register and create a HERE account with username and a password. You may need to provide us with certain personal and other information. HERE may verify your email address before account can be used.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify HERE about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. HERE may terminate your registration or restrict your access to certain parts of the Service if HERE reasonably believes that you have breached the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months.
Except as set forth in the Privacy Policy, HERE is not responsible for any removal or loss of the information or content you have submitted to the Service. When information or content is removed from the Service by either you or HERE, traces or copies may still remain elsewhere.
4. Licenses
HERE grants you a non-exclusive, non-transferable license, revocable at any time at HERE’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
As part of the Service, HERE may provide you with content developed by HERE or its licensors (“Content”). HERE grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.
As part of the Service, HERE may provide you with certain software developed by HERE or, its licensors (“Software”). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: HERE grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. For open source licensed software, applicable open source license terms apply.
The Software maybe subject to export controls under the U.S. Export Administration Regulations and other import or export control regulations. You agree to strictly comply with all applicable import and export regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, transfer, or import such Software.
You may be able to submit information or content (“Material”) to the Service. HERE does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to HERE. HERE is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant HERE a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for HERE to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.
You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or canceled, HERE may permanently delete your data. HERE has no obligation to return data to you after the Service is discontinued or canceled.
5. Using the Service
You agree to:
· Comply with applicable laws, the Terms and good manners;
· Use the Service only for your personal, non-commercial purposes;
· Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate Material;
· Obtain any consents, permission or licenses that may be legally required for you to submit any Material;
· Respect the privacy of others;
· Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or
· Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users.
· Not to use any automated systems or means to access, acquire, copy or monitor any part of the service.
· Be responsible for the consequences related to the Material that you post
HERE may but has no obligation to:
· Monitor or moderate any Content or Material;
· Remove any Material from the Service; and
· Restrict access to any part of the Service at any time in its sole discretion.
6. Content
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. HERE shall not be responsible for any claims or offense caused or suffered by you accessing such Content.
You agree:
· To use the Content only for your personal, non-commercial purposes;
· To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
· Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise HERE promptly of any such unauthorized use;
· Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
· Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
· Not to give out your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.
The Content is owned and/or controlled by HERE and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, HERE may enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. HERE may be acting as an agent for third party Content provider in providing the Content to you. HERE is not a party to the transaction between you and the third party Content provider for such Content.
7. Allegations of Copyright Infringement
You may notify HERE of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to copyright.notices@HERE.com, (b) by a document titled “Copyright Notification” mailed to HERE North America LLC, Attn: Copyright Agent, 425 W. Randolph Street, Chicago, Illinois 60606, USA or (c) via the online form, if available. Your notice must:
(1) identify the original copyrighted work you claim is infringed;
(2) identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for HERE to locate the allegedly infringing content on the Service;
(3) provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
(4) provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(5) provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; and
(6) provide your signature, as applicable.
8. Notices
HERE may post notices within the Service. HERE may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from HERE sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
9. Fees
Your use of the Service may be or may become subject to charges.
Any fees charged by HERE will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider.
HERE assumes no responsibility for the payment of any charges of your service providers.
10. Order and Payment Terms
"Order" shall mean the selection of payable Content and/or subscription to Content offered by HERE and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may place Orders only with the prior consent of your parent or legal guardian.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by HERE.
You may pay by credit or debit card, network service provider billing, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. HERE will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
If you choose network service provider billing, charges will appear on your mobile phone bill or be deducted from your prepaid account if it is a prepaid account. Some network service providers may subject your usage of the Service to additional terms and conditions including placing limits on the amount of charges possible with network service provider billing. Charges in excess of network service provider limits or account balance may be rejected.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. HERE assumes no responsibility for the payment of bank or any other third party service fees or charges.
11. Cancellations and Refunds
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned.
In the event that after your Order you discover and promptly inform HERE within 48 hours that (a) the Content you have ordered is faulty; (b) the Content HERE delivers to you does not match the description of the Content you ordered via the Service; or (c) technical problems delayed or prevented delivery of your Content or accidental multiple orders caused by such technical problems, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the price paid for such Content, as determined solely by HERE. Otherwise, no refunds are available. If you encounter any of the above issues, please contact HERE Customer Support.
Please note that HERE may not be able to process your customer support request if you are unable to provide your transaction ID, which is provided to you by HERE following your Order from the Service. HERE may only process refunds for Content where the total price is above the monetary limit stipulated in applicable local legislation.
12. Feedback to HERE
By submitting any ideas, feedback and/or proposals ("Feedback") to HERE through the Service or other means, you acknowledge and agree that: (1) HERE may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) HERE is not under any obligation of confidentiality with respect to the Feedback; (4) HERE may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from HERE.
13. Social Activities and Location Sharing
You may use features in the Service to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that HERE may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorization or encourages users to piracy. Any interaction does not involve HERE and is solely between you and the other user(s).
14. Availability and Technical Requirements
The availability of Content and the Service may vary and is subject to HERE’s sole discretion. HERE expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by HERE or by another party.
HERE may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest HERE device software and applications, your device may automatically check for the availability of software updates from HERE. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If HERE considers a Software update to be important or critical you may not continue using the previous version of the Software. HERE may prevent your use of the previous version of the Software or Service until you install the update.
HERE may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.
A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. HERE may significantly change any version of Service or Software or decide not to release a final version.
15. Links to Third Party Sites and Content
HERE may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.
HERE has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that HERE endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. HERE is not responsible for this type of content or links.
16. Advertisements
The Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
17. Personal Data
The Privacy Policy and any additional privacy information made available to you govern the use of your personal data.
18. Limitation of Liability
The Service is provided on “AS IS” and “AS AVAILABLE” basis. HERE does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, HERE is not liable for any direct damages caused by your use or inability to use the Service. In no case will HERE be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
19. Indemnification
You agree to defend and indemnify HERE from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
20. Miscellaneous
20.1 Choice of Law
The Terms are governed by the laws of the Netherlands without regard to its conflicts of law provisions.
20.2 Validity
The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. If there is any conflict between these HERE Service Terms and the Privacy Policy, the provisions of these HERE Service Terms prevail. The provisions of the Terms that are intended to survive termination of your registration remain valid after termination.
20.3 Changes in Terms
HERE may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, HERE will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.
21. Intellectual Property
The Service, Content and Software are protected under international copyright laws. HERE claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, HERE retains all right, title and interest in the Service, its Content, the Software and in all other HERE products, software and other properties provided to you or used by you through the Service.
22. Assignment
HERE may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with HERE. Additionally, HERE may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
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