TomTom End User License Agreement

The software embedded in your Garmin product (the “Software”) is owned by Garmin Ltd. or its subsidiaries (“Garmin”). The map data embedded in or accompanying your Garmin product (the “Map Data”) is either owned by Garmin, or by TomTom North America, Inc. (“TTNA”) or another third party and is licensed to Garmin. Garmin also owns, or licenses from third party providers, information, traffic data, text, images, graphics, photographs, audio, video, images and other applications and data (“Other Content”). The Map Data and Other Content are collectively the “Content”.  Both the Software and Content are protected under copyright laws and international copyright treaties. The Software and Content are licensed, not sold. The structure, organization and code of the Software are valuable trade secrets of Garmin and/or its third party providers.  The Software and Content are provided under the following license and are subject to the following terms and conditions which are agreed to by End User (“you” or “your”), on the one hand, and Garmin and its licensors (including their licensors and suppliers) and affiliated companies on the other hand.  TTNA and Garmin’s other licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of TTNA, Garmin and their respective licensors, are each a direct and intended third party beneficiary of this Agreement and may enforce their rights directly against you in the event of your breach of this Agreement

IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT OR THE CONTENT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT WITHIN 7 DAYS OF THE DATE YOU ACQUIRED IT (IF PURCHASED NEW) FOR A FULL REFUND TO THE DEALER FROM WHICH YOU PURCHASED THIS PRODUCT.

You, the User, acknowledge that by continuing to use of this product, that:

  1. Your incorrect use of this product may cause damage/loss/endanger life/health and that of others (for example if you do not follow traffic laws and rules first and foremost, despite any instruction that the product may give you);
  2. Garmin, its affiliates and its third party suppliers, limit their liability for loss, damage, injury, consequential damages you or third parties may incur due to you not adhering to this warning and not obeying traffic rules/laws over and above any instructions of the Product.

The User is cautioned to always observe the Road Traffic Rules, Regulations and Laws (“Traffic Rules”) in the territory the product is used in, as well as exercising responsible driving behavior while using the product. FAILURE TO DO SO MAY CAUSE SERIOUS INJURY/DEATH.   In the event of a conflict between the Traffic Rules and the product’s instructions, the Traffic Rules must always prevail.

1.         LICENSE:

GARMIN (“we” or “us”) provides you with storage media containing the Software and the embedded or accompanying Content  , including any “online” or electronic documentation and printed materials (together called the “Product” for purposes of this License Agreement), and grants you a limited, non-exclusive license to use the Product in accordance with the terms of this License Agreement. The copyright and all other rights to the Product shall remain with us and, as applicable, our third-party Content providers. You must reproduce any copyright or other notice marked on the Product on all copies you make. You acknowledge the confidentiality of the Software and the Content. At all times during the Term and thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for your benefit or any other individual or entity, any Confidential Information of Garmin or TTNA.  You further acknowledge that use of TTNA products with non-TTNA maps may result in increased variance between the location displayed on the map and ground truth location. Garmin also reserves the right to discontinue offering any Content supplied by any third party supplier if such supplier ceases to supply such content or Garmin’s contract with such supplier terminates for any reason.

2.         YOU MAY:

a) Use the Product for solely your own internal business or personal use and not for resale, distribution, sublicense, commercial use or use in call centers. The Product may be used in a vehicle as part of a fleet tracking/routing and/or dispatch application.

b) make one copy of the Product (if DVD/CD is provided) for archive or backup purposes.

c) transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the other person agrees to the terms of this License.

3.         YOU MUST NOT:

a) make copies of the Product except as expressly permitted in Section 2 of this License Agreement.

b) translate, reverse engineer, decompile, disassemble or create derivative works of the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.

c) rent, lease, time-share, loan, sub-license, distribute, assign, or transfer the Product or any unlock code for the product except as set out in Section 2(c) above.

d) utilize the Product to create or assist in the creation of a digital map database (a database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable turn-by-turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges.)

e) modify the Product or merge all or any part of the Product with another program.

f) remove, obscure or alter any copyright, trademark, restrictive legend or other proprietary rights notices contained in the Product.

g) use the Product for in-flight navigation of aircraft.

h) use the Product to provide competitive information about TTNA or its products to third parties.

i) use the Product or any derivative thereof for the purpose of enforcement of traffic laws including but not limited to the selection of potential locations for the installation of speed cameras, speed traps or other speed tracking devices.

4.         Lifetime Maps: 

If you purchase a nüMapsTM Lifetime subscription (sold separately) or if your Garmin product comes bundled with a nüMaps Lifetime or other lifetime map subscription, you will receive Map Data updates when and as such updates are made available on Garmin’s website, during the useful life of one (1) compatible Garmin or as long as Garmin receives Map Data from TTNA or other third party provider, whichever is shorter. A product’s “useful life” means the period during which the product (a) has sufficient memory capacity and other required technical capabilities to utilize current Map Data and (b) is capable of operating as intended without major repairs. A product will be deemed to be out of service and its useful life to be ended if no updates have been downloaded for such product for a period of 24 months or more.  Unless otherwise stated, the updates you receive under the subscription will be updates to the same geographic area included with your Garmin product when originally purchased. In some instances, your Garmin product might not have sufficient memory remaining for you to load an update to the Map Data, in which case you will need to either (a) select reduced Map Data coverage for your updates, or (b) purchase separately a microSD card or a SD card (if and as applicable to your Garmin product) and load all or a portion of the Map Data coverage for your updates to the card and insert the card into the microSD card or SD card slot contained in your Garmin product.  If neither of the measures in (a) or (b) can be used to address your product’s lack of sufficient remaining memory, then Garmin may conclude that the “useful life” of your product has expired.  Garmin may terminate your nüMaps Lifetime or other lifetime map subscription at any time if you violate any of the terms of this Agreement or your subscription. Your nüMaps Lifetime subscription or other lifetime map subscription may not be transferred to another person or another Garmin product. 

5.         Garmin Live Services: 

Garmin Live services may be a “one-time” Live services purchase or a purchase for a specific term.  If a “one-time” purchase is made, purchasers of that service will receive Garmin Live services for the (i) useful life of the purchaser’s Garmin device, (ii) the useful life of the purchaser’s smartphone, or (iii) as long as Garmin receives Content from its third party content supplier, whichever of the three periods is shortest.  A device’s “useful life” means the period during which the device (a) has the required technical capabilities to utilize the then-current Live services (including a Live services-compatible operating system) and (b) is capable of operating as intended without major repairs. A device will be deemed to be out of service and its useful life to be ended if no updates have been downloaded for such device for a period of 24 months or more. Garmin Live services content not available for all areas. Garmin may terminate a Live services subscription immediately for violations of the Live services terms of use.  Live services subscriptions may not be transferred to another person or another Garmin product, even if the application remains on the smartphone.  Garmin Live Services are in part - depending on the service - geographically restricted to the reception and transmission range of the radio transmitters, operated by the respective network operators. They can be affected by atmospheric conditions, topographical conditions, the vehicles location or position as well as obstacles (for example bridges and buildings). Some services are generally not available in every country.  The extent and characteristics of the available services differ from country to country.  You are personally responsible for the compliance with the laws and regulations of the respective countries.

6.         Predictive Routing: 

This device may have a “predictive routing” feature called myTrends that identifies your driving routines.  If it does have this feature, when your device predicts a route, it will display your estimated time to destination and relevant traffic information regarding the predicted route.  Information related to your driving routines is not collected by Garmin, but it would be accessible to any other person who uses your device.  If you do not want your device to predict your routes or display information related to predicted routes, you may turn off myTrends by accessing your device’s   Settings menu.

7.         trafficTrends: 

This device may also have a feature called trafficTrends, which records your location, speed and direction when you drive with your device.  If it does have this feature, if and when you connect your device to your computer and visit www.my.garmin.com, this information will be collected by Garmin and will be aggregated with similar information from other users.  This aggregated information will be used by Garmin to develop and provide improved routing information to its customers.  You may turn off trafficTrends at any time by accessing your device’s Settings menu.

8.         Collection of Information: 

We may collect information relating to how often you use your device or the frequency with which certain applications and features of your device are used.  This information would be collected anonymously, in a way that does not personally identify you.  We may use this information to detect broad user trends and to otherwise enhance our products or applications.  The use of location-based services your device, which may include weather, movie times, traffic information, fuel prices, or information regarding local events, will cause the physical location of your device to be collected in order to provide you with such location-based services. This location data is collected anonymously in a form that does not personally identify you.    If you provide your consent then Garmin will collect and upload from your device information such as your location, speed and direction (known as “traffic probe data” or “floating car data”) in order to enhance the quality of the traffic data and other content provided by Garmin or content providers.  If you provide your consent, then Garmin may also share this data with or sell this data to third parties. This data is shared and sold anonymously in a form that does not personally identify you.    The collection and use of this location information are described in more detail in the privacy statement for your device.

9.         TERM:

This License shall continue for as long as you use the Product. However, this License will terminate automatically without notice from GARMIN if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the Content in existence. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.  In addition, this Agreement shall terminate immediately upon the termination of an agreement between Garmin and any third party from whom Garmin licenses the Content.  All clauses which by their nature need to continue after the termination of this Agreement such as but not limited to the Governing Law and Indemnity clauses shall remain in force despite termination of this Agreement.

10.       LIMITATION OF WARRANTIES:

THE PRODUCT IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. GARMIN AND ITS LICENSORS OR SUPPLIERS, INCLUDING TTNA, EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, TITLE, OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.  NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY GARMIN OR ITS SERVICE PROVIDERS, SUPPLIERS, CHANNEL PARTNERS AND LICENSORS, INCLUDING TTNA, OR BY AGENTS AND EMPLOYEES OF GARMIN, ITS SERVICE PROVIDERS, SUPPLIERS, CHANNEL PARTNERS OR LICENSORS, INCLUDING TTNA, SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

11.       LIMITATION OF LIABILITY:

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PRODUCT. IT IS YOUR RESPONSIBILITY TO USE THIS PRODUCT PRUDENTLY AND TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS AND DIRECTIONS. THIS PRODUCT IS INTENDED TO BE USED ONLY AS A TRAVEL AID AND SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING PRECISE MEASUREMENT OF DIRECTION, DISTANCE OR LOCATION.

GARMIN AND ITS SUPPLIERS AND LICENSORS, INCLUDING TTNA, DISCLAIM ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE RESULTING FROM USE OF THIS PRODUCT, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT GARMIN OR ANY SUCH SUPPLIER OR LICENSOR HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE. IN NO EVENT SHALL GARMIN, TTNA OR ANY OF THEIR RESPECTIVE SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT OR COSTS OF COVER, LOST OR DAMAGED DATA, LOSS OF USE OR BUSINESS INTERRUPTION, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. GARMIN’S AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE GARMIN PRODUCT OR THE CONTENT SHALL NOT EXCEED $1.00. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TTNA SHALL HAVE NO MONETARY LIABILITY TO YOU FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS LICENSE AGREEMENT.  Some States, Territories and Countries do not allow the certain liability exclusions, or exclusion of incidental or consequential damages, so to that extent the above limitations may not apply to you.

12.       GOVERNMENT RIGHTS:

If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the U.S. Government, then use, duplication, reproduction, release, modification, disclosure or transfer of the Product and accompanying documentation is restricted in accordance with the LIMITED or RESTRICTED rights as described in any applicable DFARS or FAR.  In case of conflict between any of the FAR and/or DFARS that may apply to the Product, including the licensed TTNA product, the construction that provides greater limitations on the Government’s rights shall control. The contractor/manufacturer is Garmin International, Inc., 1200 East 151st Street, Olathe, Kansas 66062, USA and TomTom North America, Inc., 11 Lafayette Street, Lebanon, New Hampshire 03766-1445.  The Licensed TTNA products are © 2006-20XX by TomTom.  ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed TomTom Products are a trade secret and a proprietary commercial product and not subject to disclosure.

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

13.       EXPORT CONTROLS:

You agree not to export or re-export the Product to any country in violation of the export control laws of the United States of America.

14.       GENERAL:

This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of Kansas, United States of America. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. The covenants and obligations undertaken by the End User herein are intended for the direct benefit of TTNA and may be enforced by TTNA directly against the End User.  TTNA shall have the right to audit Garmin and End User for compliance with this License Agreement.

15.       IF YOU RECEIVE SAFETY CAMERA INFORMATION:

You acknowledge that Products are designed to be used as an aid to safer driving.  You can receive messages to alert you to locations of safety cameras which will enable you to monitor your speed through these areas.  Neither Garmin nor its Licensors, including TTNA, warrant that all types and locations of safety cameras are available, as cameras may be removed, relocated or new cameras installed.  Neither Garmin nor its Licensors, including TTNA, condone speeding or any other failure to comply with your local traffic laws.  It is your responsibility to drive with the posted speed limit at all times and to drive in a careful manner.  Neither Garmin nor its Licensors, including TTNA, accepts ANY liability whatsoever for you receiving any speeding fines or points on your license through using this device.  Neither Garmin nor its Licensors, including TTNA, guarantees the accuracy of the data contained within this database either expressed or implied.  In the event you receive a fine or any other fine for speeding or contravention of any traffic law, or are involved in an accident, neither Garmin nor its Licensors, including TTNA, are responsible for any damages of any type.  In some countries the use of data or information regarding safety or speed cameras may conflict with local law and/or regulations. It is your responsibility to make sure that your use of the data is in compliance with local laws and/or other regulations.  Usage is at your own risk.

16.       TOMTOM BRAND ICON LICENSED PRODUCT (the “Brand Icon”)

If your Product includes the Brand Icon, you agree that the use of the Brand Icon is subject to the terms and conditions set forth in this Agreement and there may be additional third party terms, conditions and restrictions to which the use of the Brand Icon will be subject provided to you from time to time by Garmin in the release notes applicable to your Product. 

17.       INDIA DATA

You agree that any of the Product that contains data of India may be subject to additional terms and conditions which shall be provided to you when available to TTNA.  India data may not be exported from India.

18.       NORWAY DATA

You are prohibited from using the data of Norway to create commercial general purpose printed or digital maps, which are similar to the basic national products of the Norwegian Mapping Authority. Any map of the data of Norway shall be regarded as similar to the basic national products of the Norwegian Mapping Authority if such map has a regional or national coverage, and at the same time has a content, scale and format that are similar to the basic national products of the Norwegian Mapping Authority. 

19.       CANADIAN POSTAL CODES

You may not use the 6-digit alpha/numeric Canadian Postal Codes contained in any Product for bulk mailing of items through the Canadian postal system.   The 6-digit alpha/numeric Canadian Postal Codes are wholly contained in the Product and are not extractable, nor shall you attempt to do so.  You may not display or use Canadian Postal Codes for postal code look-up on the Internet, nor can you extract or export them from any application to be utilized in the creation of any other data set or application. Notwithstanding the above, you may optionally correct or derive Canadian Postal Codes using the, but only as part of the address information for locations (e.g.: of delivery points and depots) that have been set up in the Product, and optionally extract data for fleet management purposes.

20.       PREMIUM POINTS OF INTEREST

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

21.       COPYRIGHT NOTICES

Data Source for Maps © 2013 TomTom; and, in addition, based on:
For Austria:  © BEV, GZ 1368/2013.
For Denmark:  © DAV, violation of these copyrights shall cause legal proceedings.
For France (navigation applications only): Michelin data © Michelin 2013.
For Germany: GeoBasis-DE/Geobasis NRW 2013.
For Indonesia:  © Base data Bakosurtanal. 
For Malta:  © Mapping Unit, Malta Environment and Planning Authority.
For Northern Ireland:  Ordnance Survey of Northern Ireland.
For Norway:  © Norwegian Mapping Authority, Public Roads Administration / © Mapsolutions.
For Russia:  © Roskartographia.
For Switzerland:  © Swisstopo.
For The Netherlands:  Topografische onderground Copyright © dienst voor het kadaster en de openbare registers, Apeldoorn 2013.
For United Kingdom (excluding Northern Ireland): Contains Ordnance Survey data © Crown copyright and database right 2013.
For Code-Point® Open data: Contains Royal Mail data © Royal Mail copyright and database right 2013.

Data source for MultiNet North America – coverage of Canada:  © 2006 – 2013 TomTom.  All rights reserved.  This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to TomTom.  The product includes information copied with permission from Canadian authorities, including © Canada Post Corporation, GeoBase®, and Department of Natural Resources Canada, All rights reserved.  The use of this material is subject to the terms of a License Agreement.  You will be held liable for any unauthorized copying or disclosure of this material. Adapted from Statistics Canada: Road Network File, 2011; and Census Population and Dwelling Count Highlight Tables, 2011 Census. This does not constitute an endorsement by Statistics Canada of the Product.

Data source for North America Premium Points of Interest – coverage of Canada and/or United States:  © 2006 – 2013 TomTom. All rights reserved.  This material is proprietary and the subject of copyright protection, database right protection and other intellectual property rights owned by TomTom or its suppliers.  Portions of the POI database contained in Premium Points of Interest North America have been provided by Localeze.  The use of this material is subject to the terms of a license agreement. Any unauthorized copying or disclosure of this material will lead to criminal and civil liabilities.

Data source for Matchmaker SDK Professional Canada Address Coding Guide:  © 2001 – 2013 TomTom.  All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to TomTom.  The product includes information copied with permission from Canadian authorities, including © Canada Post Corporation and GeoBase®, All rights reserved.  The use of this material is subject to the terms of a License Agreement.  You will be held liable for any unauthorized copying or disclosure of this material. Adapted from Statistics Canada, Road Network File, 2011. This does not constitute an endorsement by Statistics Canada of this product.

Data source for Post Canada FSA layer and Canada 6-digit layer:  © 2006 – 2013 TomTom.  All rights reserved.  This material is proprietary and the subject of copyright protection and other intellectual property rights owned or licensed to TomTom.  The product includes information copied with permission from Canadian authorities, including © Canada Post Corporation, All rights reserved.  The use of this material is subject to the terms of a License Agreement.  You will be held liable for any unauthorized copying or disclosure of this material.

Data source for Administrative Areas for Canada:  Adapted from Statistics Canada, Census Population and Dwelling County Highlight Tables, 2011. This does not constitute an endorsement by Statistics Canada of this product.

Data source for North America Telecommunications – coverage of Canada and/or United States:  © 2013 Pitney Bowes.  All rights reserved.  In addition, for the following product layers Wire Center Boundaries, ILEC Boundaries, and Rate Center Boundaries, the following also applies:  This product contains information and/or data of Telcordia Technologies, Inc. licensed to be included herein.