Use of Data Restrictions

NAVTEQ Use of Data

This page outlines restrictions for using NAVTEQ data. See the ArcWeb Services license agreement (PDF) for complete information about using ArcWeb Services.

Restrictions

If Licensee's access to Service(s) includes Third Party Data owned and provided by NAVTEQ North America LLC (NAVTEQ), then Licensee's use of NAVTEQ Data shall be subject to the following terms and conditions:

General Terms

In no event shall NAVTEQ Data be used to provide dynamic or real-time route guidance directions and/or alerts, including without limitation, derived locations pursuant to a request for roadside assistance, automatic collision notification and reporting triggered by an accident, and notification that an asset or person has breached the boundary or perimeter of a defined geographic area, or Route Optimization through the Service(s) or otherwise. For the purposes of this Addendum Route Optimization means calculating the order of destinations, way points and or routes thereto for people, devices, and or transportation means, based on availability, positioning and or routing of at least one other person, device or transportation.

In no event shall the Points of Interest data (i.e., business listings) included in any NAVTEQ Data be used for sales lead generation where sales lead generation mean an application specifically designed to generate sales lead information in the form of ASCII or other text-formatted lists of category-specific business listings which (i) originate from the NAVTEQ Data and (ii) include complete mailing addresses for each business. Sales lead generation shall not include any application permitted hereunder where mailing address or phone numbers are provided in bit map graphical images or in another no-text form.

Restrictions against sales leads. When utilizing NAVTEQ Data known as NAVTEQ Premium POI, POIs included in the NAVTEQ Data for North America may not be used to generate sales lead information in the form of ASCII or other text-formatted lists of category-specific business listings which (i) include complete mailing address for each business, and (ii) contain a substantial portion of such listings for a particular county, city, state, or zip code region; provided however, that the foregoing restriction shall not include any application where mailing address or phone numbers are provided in a bit map graphical image or in another non-text format.
Canada

The following provisions apply to NAVTEQ Data for the coverage area of Canada, which may include or reflect data from third party licensors ("Third Party Data"), including Her Majesty the Queen in Right of Canada ("Her Majesty") and Canada Post Corporation ("Canada Post"):
1. Disclaimer and Limitation: Licensee use of the Third Party Data is subject to the following provisions:
  1. Disclaimer: The Third Party Data is licensed on an "as is" basis. The licensors of such data, 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.
  2. Limitation on liability: The Third Party Data licensors, including Her Majesty and Canada Post, shall not be liable: (a) 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 such data; or (b) in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data.
2. Copyright Notice: In connection with each copy of all or any portion of the NAVTEQ Data for the coverage area of Canada, Licensee shall affix in a conspicuous manner the following copyright notice on at least one of: (i) the label for the storage media of the copy; (ii) the packaging for the copy; or (iii) other materials such as user manuals or end user license agreements: "This data includes information taken with permission from Canadian authorities, including © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post, GeoBase®."
3. The LICENSED 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.
European Supplier Terms

The following provisions apply to the NAVTEQ Data for and to the extent indicated respecting any territory including any country of Europe, which may include or reflect data from third party licensors:
1. OS Enforcement. With respect to NAVTEQ Data for the territory of Great Britain, Licensee acknowledges and agrees that the Ordnance Survey ("OS") may bring a direct action against Licensee to enforce compliance with the OS copyright notice (see Section 3 below).
2. Traffic Codes. The following provisions apply to the grant of license for use of NAVTEQ Data that includes Traffic Codes.
  1. General Restrictions Applicable to Traffic Codes. Licensee acknowledges and agrees that in certain countries of the Territory of Europe, Licensee shall be responsible for obtaining rights directly from third party RDS-TMC code providers to use the Traffic Codes in the Data and to deliver to end users information, data, applications, products and/or services in any way derived from or based on such Traffic Codes.
  2. Display of Third Party Rights Legend for Belgium. Licensee shall, for each provision of information, data, applications, products and/or services that uses Traffic Codes for Belgium, provide the following notice to the End User: "Traffic Information is provided by the Ministerie van de Vlaamse Gemeenschap and the Ministèrie de l'Equipement et des Transports."

Third Party Notices

Any and all copies of the NAVTEQ Data and/or packaging shall include the respective Third Party Notices set forth below and used as described below corresponding to the territory (or portion thereof) included in such copy:

Territory	Notice
Austria	© Bundesamt für Eich- und Vermessungswesen
France	The following notice must appear on all copies of the Data, and may also appear on packaging: "source: Géoroute® IGN France & BD Carto® IGN France"
Germany	"Die Grundlagendaten wurden mit Genehmigung der zuständigen Behörden entnommen" or "Die Grundlagendaten wurden mit Genehmigung der zustaendigen Behoerden entnommen."
Great Britain	Until 12/31/05: "Based on Ordnance Survey electronic data and used with the permission of the Controller of Her Majesty's Stationary Office © Crown Copyright, 1995." After 12/31/05: "Based upon Crown Copyright material."
Italy	"La Banca Dati Italiana è stata prodotta usando quale rifermento anche cartografia numerica ed al tratto prodatta e fornita dalla Regione Toscane."
Norway	"Copyright © 2000; Norwegian Mapping Authority"
Portugal	"Source: IgeoE–Portugal"
Spain	"Información geográfica propiedad del CNIG"
Sweden	"Based upon electronic data © National Land Survey Sweden."
Switzerland	"Topografische Grundlage: © Bundesamt für Landestopographie."

Gaming
The Data may not be used for or with a software application involving a predefined set of rules and goals built for End-User participation, focused primarily on competition and/or amusement ("Game") that uses the Data in the operation of a Game
When using Address Manager End-Users or Developers may store geocoded results generated in connection with Geocoding Service transactions and Reverse Geocoding Service transactions ("Stored Geocodes") provided, however, the following restrictions apply to Stored Geocodes: (i) the geocoded results may not be used with any geographic street map data from direct competitors of Supplier, (except for use with world view at 1:250000; (ii) the End-User or Developer may not in any way sublicense or distribute the geocoded results to any third party and (iii) the geocoded results may not be used for web-crawling, search engines such as yellow pages product or consumer based web sites (except that an End-User may utilize the location of their own assets, such as store locations, for determining geographic information.)

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, [insert "NAVTEQ Data" or such other name that Client uses specifically to refer to NAVTEQ Data] (hereinafter "Data") is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with [insert the name of the terms/conditions in which this notice is included], and each copy of 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

These [insert "NAVTEQ Data" or such other name that Client uses specifically to refer to NAVTEQ Data] are commercial items as defined in FAR 2.101 and are subject to [insert the name of the terms/conditions in which this notice is included] under which this data was provided.

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.