Navigation Services Terms and Conditions

AT&T Navigation Services, AT&T Global Navigator, and AT&T Maps
Please read these terms and conditions of service carefully before you launch AT&T Navigation Services, AT&T Global Navigator, or AT&T Maps ("AT&T Navigation Services") on your wireless device. Your use of AT&T Navigation Services indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use AT&T Navigation Services.

INTRODUCTION
These terms and conditions of service represent the agreement ("Agreement") between you and AT&T Mobility LLC or its successors and assigns ("AT&T") with respect to AT&T Navigation Services. All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement. AT&T Navigation Services are provided by TeleNav, Inc. ("TeleNav").

AT&T may revise these terms and conditions at any time, with or without prior notice to you. You should visit att.com/navigator for a complete description of AT&T Navigation Services and from time to time to review the then current terms and conditions for AT&T Navigation Services.

AT&T Navigation Services utilizes map and other data licensed to AT&T and TeleNav by third parties for the benefit of you and other end users. This Agreement includes end-user terms required by these companies (set forth at the end of this Agreement), and thus your use of AT&T Navigation Services is limited by and subject to such terms.

Additionally, the consumer Wireless Terms of Service or your applicable business agreement, as well as the Wireless Data Service Terms and Conditions apply, the latest versions of which may be found at http://www.wireless.att.com/learn/articles-resources/wireless-terms.jsp.

Compatible device or hardware required. Certain features are only available on certain devices. Please see att.com/navigator for restrictions and complete details.

AT&T NAVIGATION SERVICES
AT&T Navigation Services allows you to obtain, via your wireless device, navigation instructions to destinations throughout most of the United States and certain international destinations Use of AT&T Navigation Services requires payment of a monthly or daily fee, which includes download to your wireless device of AT&T Navigation Services software, if software is not preloaded, and any upgrades, modifications, or additions thereto, but does not include any hardware that may be required for certain wireless devices (such as a standalone GPS receiver). Standard data charges apply while downloading and using AT&T Navigation Services, depending on your plan.

AT&T Navigation Services are for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity.

YOUR LOCATION AND ROUTE INFORMATION
For AT&T to provide AT&T Navigation Services, AT&T, using the TeleNav platform, records your searches, mapping, route information, including your point of origin, the address of your destination, the starting time of your trip, and the route you are instructed to follow, and must periodically receive your location from your wireless device. By using AT&T Navigation Services, you allow AT&T to access your hardware and otherwise obtain this location and route information, and to record, compile and use such information in the provision and improvement of the services, features, and functionality available within the AT&T Navigation Services.

TeleNav maintains the database with this location and route information, and may keep such information as long as necessary to provide the AT&T Navigation Services. AT&T Mobility's Privacy Policy, found at att.com/privacy, is hereby incorporated into this agreement by reference. Please read this policy carefully relating to the collection, use, and disclosure of your personal information, which includes location information recorded and used as a part of the AT&T Navigation Services. Your use of AT&T Navigation Services indicates that you accept the terms of AT&T Mobility's privacy policy.

INTERNATIONAL USE
If you use AT&T Navigation Services for trips outside of theUnited States, you consent that your location and route information, and any other information provided to AT&T, is transferred to servers inside the United States and used and maintained in accordance with the terms and conditions of the AT&T Navigation Services. By using AT&T Navigation Services internationally, you consent to such transfer and processing of your data. If you access AT&T Navigation Services from an international location, you will be requested to signify your consent.

SAFE AND LAWFUL USE OF AT&T NAVIGATION SERVICES
You agree to comply with the following when using AT&T Navigation Services:

Observe all traffic laws and otherwise drive safely.
Use your own personal judgment while driving. If you feel that a route suggested by AT&T Navigation Services instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions.
Do not input destinations, or otherwise interact with AT&T Navigation Services, unless your vehicle is stationary and parked.
Do not use AT&T Navigation Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Arrange all wireless devices and cables necessary for use of AT&T Navigation Services in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).

PAYMENT
You agree to pay all fees charged to your wireless account for AT&T Navigation Services (including applicable state and local taxes. You will be charged such fees each month, even if you do not use AT&T Navigation Services. AT&T reserves the right to change the fees for AT&T Navigation Services at any time, upon prior notice to you.

If you fail to pay the charges for AT&T Navigation Services when due, AT&T reserves the right to pursue any and all legal remedies to collect the amounts owed by you, and to suspend or terminate your access to AT&T Navigation Services.

Further, you are responsible for any fees assessed to access AT&T Navigation Services, including any toll, out-of-area, roaming, or other telephone connection charges.

TeleNav reserves the right to change at any time the phone number designated for you to access AT&T Navigation Services, including eliminating any toll-free numbers.

TERMINATION
AT&T reserves the right to terminate your access to AT&T Navigation Services at any time for any or no reason and without notice to you.

You may terminate AT&T Navigation Services at any time by notifying AT&T via your wireless device, MyWireless Account online access, a phone call to AT&T Customer Support at (800) 331-0500, or any other method specified by AT&T. Any such cancellation by you shall become effective upon AT&T's receipt of your notice.

Upon any termination of AT&T Navigation Services, AT&T shall have no liability to you or any further obligations under this Agreement.

ACCOUNT INFORMATION
You agree: (a) when signing up for AT&T Navigation Services, to provide AT&T with true, accurate, current, and complete information about yourself, and (b) to inform AT&T promptly of any changes to such information to keep it true, accurate, current and complete.

If you provide AT&T with any information that is untrue, inaccurate, not current or incomplete, or AT&T has reasonable grounds to suspect so, AT&T has the right to suspend or terminate your access to AT&T Navigation Services.

If you need to change or correct any of the information provided to AT&T related to the AT&T Navigation Services, you can make edits by accessing our website at att.com/navigator.

All of your account information, as well as other payment and personal information provided by you to AT&T, is subject to AT&T Mobility's privacy policy located at http://www.att.com/privacy.

SOFTWARE LICENSE
Subject to your compliance with the terms of this Agreement, AT&T hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the AT&T Navigation Services software onto your wireless device, and (ii) use the AT&T Navigation Services software (in object code form only) on such wireless device in order to access and use AT&T Navigation Services.

This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to AT&T Navigation Services.

Except for the limited license expressly granted herein, as between you and AT&T, AT&T shall own all right, title and interest in and to the AT&T Navigation Services software, including without limitation all intellectual property rights therein.

You agree not to do any of the following:

Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the AT&T Navigation Services software, or any part thereof.
Attempt to derive the source code, audio library or structure of the AT&T Navigation Services software without the prior express written consent of AT&T.
Remove from the AT&T Navigation Services software, or alter, any of AT&T's or its suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer the AT&T Navigation Services software to others.

The AT&T Navigation Services software originates in the United States, and is subject to United States export laws and regulations. The AT&T Navigation Services software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the AT&T Navigation Services software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of AT&T Navigation Services and related software.

DISCLAIMERS
To the fullest extent permissible pursuant to applicable law, in no event will hold AT&T, TeleNav or their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each be liable for any decision made or action taken by you or anyone else in reliance on the information provided by AT&T Navigation Services or related software. You are responsible for the entire risk arising out of your use of AT&T Navigation Services and related software.

AT&T Navigation Services and related software are provided "as is" and without warranties of any kind either express or implied. AT&T and TeleNav disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

OTHER QUALIFICATIONS
If your device is not preloaded with AT&T Navigation Services, then you understand and agree that the AT&T Navigation Services software is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data, that results from the download of such software.

Neither AT&T nor TeleNav warrants that AT&T Navigation Services or related software will not infringe on third party intellectual property rights.

Neither AT&T nor TeleNav warrants that your use of AT&T Navigation Services will be uninterrupted or error-free. Rather, temporary interruptions of AT&T Navigation Services may occur from time to time (such as when you drive into an area that has no cell phone or GPS coverage or when AT&T network is undergoing maintenance). AT&T and TeleNav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will AT&T or TeleNav be liable for any financial or other damages due to such interruptions.

Neither AT&T nor TeleNav warrants the accuracy of the map or other data used for AT&T Navigation Services. Such data may not always be accurate or current due to, among other things, road closures, construction, weather, new roads and other changing conditions.

Both AT&T and TeleNav have technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but neither AT&T nor TeleNav makes any representations or warranties regarding the security of AT&T Navigation Services or the transmission of data or information to and from TeleNav and your wireless device. Neither AT&T nor TeleNav will be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.

LIMITATION OF LIABILITY
To the extent permitted under applicable law, under no circumstances shall AT&T, TeleNav and their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of AT&T Navigation Services or related software, any defects in AT&T Navigation Services or related software, or any breach of this Agreement, even if AT&T or TeleNav have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend and hold AT&T, TeleNav and their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of AT&T Navigation Services or related software. AT&T reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

MISCELLANEOUS
Failure to require performance of any provision shall not affect any party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

By using AT&T Navigation Services, you consent to receive from AT&T all communications, including notices, agreements, legally required disclosures or other information in connection with AT&T Navigation Services (collectively, “Notices”) electronically. AT&T may provide such Notices by posting them on AT&T's website, by sending a free text message to your wireless device, or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of AT&T Navigation Services. NOTE: Additional terms and conditions applicable to you, which are required by two of TeleNav's licensors, follow.

END-USER TERMS REQUIRED BY NAVTEQ CORPORATION
The AT&T Navigation Services utilize data licensed to TeleNav by NAVTEQ Corporation ("NAVTEQ"). You may access this data ("Data") through the AT&T Navigation Services subject to the following terms and conditions:

The Data is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and TeleNav and its licensors (including their licensors and suppliers) on the other hand.
©200X NAVTEQ. All rights reserved.

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

NAVTEQ holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.

©United States Postal Service® 200X. Prices are not established, controlled or approved by the United States Postal Service®. The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4.

TERMS AND CONDITIONS
Personal Use Only. You agree to use this Data together with the AT&T Navigation Services for the solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws. Multi-disc sets may only be transferred or sold as a complete set as provided by TeleNav and not as a subset thereof.

Restrictions. Except where you have been specifically licensed to do so by TeleNav, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or smartphones.

Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.

No Warranty. This Data is provided to you "as is," and you agree to use it at your own risk. TeleNav and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.

Disclaimer of Warranty: TELENAV AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability: WITHOUT IN ANY WAY LIMITING THE LIMIATION OF LIABILITY PROVISION SET FORTH ABOVE, TELENAV AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF TELENAV OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

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

Entire Agreement. These terms and conditions constitute the entire agreement between TeleNav (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law. The above terms and conditions shall be governed by the laws of the State of Illinois (except to the extent the Data is used in the European Union the above terms and conditions shall be governed by Netherlands), without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the State of Illinois (except to the extent the Data is used in the European Union you agree to submit to the jurisdiction of the Netherlands) for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.

Users in Canada. The Data may include or reflect data of licensors, including Her Majesty and Canada Post. Such data is licensed on an "as is" basis. The licensors, including Her Majesty and Canada Post, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.

The licensors, including Her Majesty and Canada Post, shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the data or the Data. The licensors, including Her Majesty and Canada Post, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data or the Data.

You shall indemnify and save harmless the licensors, including Her Majesty the Queen, the Minister of Natural Resources of Canada and Canada Post, and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or possession of the data or the Data.

Government End Users. If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, this Data is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with these end user terms, and each copy of the Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use," and shall be treated in accordance with such Notice:

NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: NAVTEQ
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: 222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654
This Data is a commercial item as defined in FAR 2.101 and is subject to the end user terms under which this Data was provided.
© 200X NAVTEQ ? All rights reserved.

If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify NAVTEQ prior to seeking additional or alternative rights in the Data.

END-USER TERMS REQUIRED BY TELE ATLAS NORTH AMERICA, INC.
The AT&T Navigation Services also utilize software licensed to TeleNav by Tele Atlas North America, Inc. ("Tele Atlas"). You may use this software (the "Tele Atlas Software") through the AT&T Navigation Services subject to the following terms and conditions:

You may only use the Tele Atlas Software for internal business or personal uses.
Your use of the Tele Atlas Software is otherwise limited by the scope of the license agreement between Tele Atlas and TeleNav.
The Tele Atlas Software is the confidential information of Tele Atlas.
You are prohibited from making any unauthorized copies of the Tele Atlas Software.
You are prohibited from removing or obscuring any copyright or trademark notice, or restrictive legend with respect to the Tele Atlas Software.
The liability of Tele Atlas and its suppliers is limited by the limitation of liability provision set forth above.
The Tele Atlas Software is provided "as is" and on a "with all faults basis", and Tele Atlas and its suppliers expressly disclaim all other warranties, express or implied, including but not limited to the implied warranties of non-infringement, merchantability, satisfactory quality, accuracy, title and fitness for a particular purpose. No oral or written advice or information provided by Tele Atlas or any of its agents, employees or third party providers shall create a warranty, and you are not entitled to rely on any such advice or information. This disclaimer is an essential condition of this Agreement.
In the event that you are a government entity, the following provisions apply to you:
U.S. GOVERNMENT RIGHTS. If you are an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 227.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFAR”S 252.227-7015 (NOV 1995) (DOD technical data ? commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this Agreement, the construction that provides greater limitations on the Government's rights shall control. Contractor/manufacturer is Tele Atlas North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Phone: 603.643. 0330. The TeleAtlas Software is ©1984-200_ by Tele Atlas North America, Inc. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the TeleAtlas Software is a trade secret and a proprietary commercial product and not subject to disclosure.
If you are 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 United States Government, then you hereby agree to protect the Tele Atlas Software from public disclosure and to consider the Tele Atlas Software 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 Tele Atlas Software. In the event that such exemption is challenged under any such laws, this Agreement shall be considered breached and any and all right to retain any copies or to use the Tele Atlas Software shall be terminated and considered immediately null and void. Any copies of the Tele Atlas Software held by you 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 Agreement shall be considered terminated and null and void, in its entirety, and any and all copies of the Tele Atlas Software shall immediately be destroyed.
You acknowledge that the use of the Tele Atlas Software with a non-Tele Atlas map may result in increased variance between the location displayed on the map and ground truth location.
You shall not provide display or allow access to the actual numerical latitude and longitude coordinates of the Tele Atlas Software.
You are prohibited from using the Tele Atlas Software (i) to create mailing lists or (ii) for other such similar uses.
Tele Atlas shall be a third party beneficiary of TeleNav's rights under this Agreement.