Snooper End User License Agreement
Performance Product ltd uses the following brand names and
these brand names form part of this licence agreement:
The software embedded in your Snooper product (the “Software”) is owned by Performance Products Ltd ( brand “Snooper”). The map data embedded in or accompanying your Snooper product (the “Map Data”) is owned by HERE Global B.V(“HERE”) and is licensed to Snooper. Snooper also owns, or licenses from third party providers, information, traffic (TMC) 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 Snooper 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 Snooper and its licensors (including their licensors and suppliers) and affiliated companies on the other hand. HERE and Snooper’s other licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of HERE , Snooper 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.Snooper, 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.
SNOOPER (“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 Snooper or HERE . You further acknowledge that use of HERE products with non-HERE maps may result in increased variance between the location displayed on the map and ground truth location. Snooper also reserves the right to discontinue offering any Content supplied by any third party supplier if such supplier ceases to supply such content or Snooper’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 centres. The Product may be used in a vehicle as part of a fleet tracking/routing and/or dispatch application.
b) 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 HERE 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 Lifetime subscription (“LMU”) (sold separately) or if your Snooper product comes bundled with a LMU subscription, you will receive Map Data updates when and as such updates are made available on Snooper’s website, during the useful life of one (1) compatible Snooper or as long as Snooper receives Map Data from HERE 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 Snooper product when originally purchased. In some instances, your Snooper 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 Snooper product) and load all 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 Snooper product. If neither of the measures in (a) or (b) can be used to address your product’s lack of sufficient remaining memory, then Snooper may conclude that the “useful life” of your product has expired. Snooper may terminate your LMU subscription at any time if you violate any of the terms of this Agreement or your subscription. Your LMU subscription may not be transferred to another person or another Snooper product.
This License shall continue for as long as you use the Product. However, this License will terminate automatically without notice from SNOOPER 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 Snooper and any third party from whom Snooper 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.
6. LIMITATION OF WARRANTIES:
THE PRODUCT IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. SNOOPER AND ITS LICENSORS OR SUPPLIERS, INCLUDING HERE , 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 SNOOPER OR ITS SERVICE PROVIDERS, SUPPLIERS, CHANNEL PARTNERS AND LICENSORS, INCLUDING HERE , OR BY AGENTS AND EMPLOYEES OF SNOOPER, ITS SERVICE PROVIDERS, SUPPLIERS, CHANNEL PARTNERS OR LICENSORS, INCLUDING HERE , 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.
7. 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.
SNOOPER AND ITS SUPPLIERS AND LICENSORS, INCLUDING HERE , DISCLAIM ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE RESULTING FROM USE OF THIS PRODUCT, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT SNOOPER 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 SNOOPER, HERE 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. SNOOPER’S AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SNOOPER 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, HERE 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.
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 HERE and may be enforced by HERE directly against the End User. HERE shall have the right to audit Snooper and End User for compliance with this License Agreement.
9. 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 (“AURA” ) which will enable you to monitor your speed through these areas. Snooper nor its Licensors, including HERE , warrant that all types and locations of safety cameras are available, as cameras may be removed, relocated or new cameras installed. Neither Snooper nor its Licensors, including HERE , 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 Snooper nor its Licensors, including HERE , accepts ANY liability whatsoever for you receiving any speeding fines or points on your license through using this device. Neither Snooper nor its Licensors, including HERE , 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 Snooper nor its Licensors, including HERE , 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.
10. HERE GLOBAL B.V 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 Snooper in the release notes applicable to your Product.
11. 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.
12. PREMIUM POINTS OF INTEREST
You are expressly prohibited from using the Premium Points of Interest in Europe 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.
13. COPYRIGHT NOTICES
Data Source for Maps “© 1987 - 2017 HERE. All rights reserved HERE Global B.V
14. INTELLECTUAL PROPERTY
The Service, Content and Software are protected under international copyright laws. Snooper and HERE claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, Snooper and HERE retains all right, title and interest in the Service, its Content, the Software and in all other Snooper products, software and other properties provided to you or used by you through the Service