Tele Atlas Use of Data

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

Restrictions

If Licensee's access to ArcWeb Services includes Third Party Data owned and provided by TeleAtlas North America, Inc. (TANA), Licensee's use of TANA Data shall be subject to the following terms and conditions:

A.   If Licensee is an End User, Licensee may not modify or create any derivative works of the TANA Data or the Service(s), except Licensee may use the results of the Service(s) (e.g., the shapefile of a route, but not the underlying road network) for internal business or personal use only.

B.   TANA is a third party beneficiary of ESRI's rights under this Subscription Agreement with Licensee in order to enforce its intellectual property rights, but is not a party thereto and shall have no obligations thereunder.

C.   U.S. GOVERNMENT RIGHTS.  If Licensee is 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 FAR 12.212 and DFARS 227.7202, and by a license agreement.  Contractor/
Manufacturer is Tele Atlas North America, Inc., 1605 Adams Drive, Menlo Park, California 94025; Telephone:  650-328-3825.  The TANA Data is ©1984–2003 by Tele Atlas North America, Inc., and Tele Atlas N.V.  ALL RIGHTS RESERVED.  For purpose of any public disclosure provision under any federal, state, or local law, it is agreed that the Products are a trade secret and a proprietary commercial product and not subject to disclosure.

D.   If Licensee 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 United States Government, then Licensee hereby agrees to protect the TANA Data as contained in the Service(s) from public disclosure and to consider the TANA Data as contained in the Service(s) 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 Products.  In the event such exemption is challenged under any such laws, this Addendum to the Subscription Agreement shall be considered breached and any and all right to retain any copies or to use any of the TANA Data as contained in the Authorized Derivative Services shall be terminated and considered immediately null and void.  Any copies of the TANA Data as contained in the Authorized Service(s) held by Licensee 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 Addendum to the Subscription Agreement shall be considered terminated and null and void, in its entirety, and any and all copies of the TANA Data on the Service(s) shall immediately be destroyed.

E.   If Licensee's access to the Service(s) requests TANA European Data, then the following conditions shall apply:

The following terms shall apply if Licensee accesses the TANA GB Data:

i.    All warranties of Ordnance Survey, whether express or implied, including, but not limited to, the implied warranties of noninfringement, merchantability, completeness, accuracy, and fitness for a particular purpose are hereby disclaimed and shall not apply.  Licensee acknowledges that Ordnance Survey makes no warranty and gives no representation that the TANA GB Data is complete, accurate, and/or up to date and is an essential condition of the Subscription Agreement and that Licensee accepts the TANA GB Data on that basis.

ii.    In no event shall ESRI, Ordnance Survey, or TANA have any liability to Licensee with respect to Licensee's use of the TANA GB Data.

iii.   Licensee may not use the TANA GB Data in any printed, published form that results in products to be distributed freely or sold to the public without the prior permission of Ordnance Survey.

iv.   Licensee shall indemnify Ordnance Survey from and against all claims, demands, or actions, irrespective of the nature of the cause of the claim, demand, or action alleging loss, costs, expenses, damages, or injuries (including injuries resulting from death) arising out of the use of the TANA GB Data.

F.   The following term shall apply if Licensee accesses the TANA Data of Denmark:

Licensee is prohibited from using the TANA Data of Denmark to create maps within telephone books, telephone books, or other products similar to telephone books (e.g., directories), including such products in digital form.

G.   The following term shall apply if Licensee accesses the TANA Data of Norway:

Licensee is prohibited from using the TANA Data of Norway to create general purpose printed or digital maps, which are similar to the basic national products of the Norwegian Mapping Authority.  (Any Derivative Product of the TANA Data of Norway shall be regarded as similar to the basic national products of the Norwegian Mapping Authority if such Derivative Product has a regional or national coverage, and at the same time has a content, scale, and format similar to the basic national products of the Norwegian Mapping Authority.)

H.   If Licensee is a Developer providing Web-enabled applications for Licensee's customers and Licensee is accessing TANA Data, the following terms shall apply:

i.     Licensee is granted the right to use the Service(s) only for the purpose of creating Derivative Product(s) that shall not remove or disengage the Data from the Service(s), and for no other purpose unless otherwise agreed to by TANA.

ii.    Licensee shall notify ESRI immediately if Licensee learns of any misappropriation, unauthorized use, or public disclosure of the Service(s) or TANA Data and Licensee shall cooperate with ESRI's efforts to prevent such misappropriation, misuse, or public disclosure.

iii.   If the Service(s), TANA Data, or any portion thereof are modified, merged, or combined into or with any software, hardware, other programs, or other data, such modifications, mergers, or combinations shall continue to be subject to the provisions of this Subscription Agreement, and TANA retains ownership of its spatial map database contained in the Service(s) or Data and all such portions.

iv.   In no event may Licensee translate and/or convert the Data into another data format.

v.    In no event shall Licensee (a) extract data from the TANA Data or the Service(s) in any digital, vector-based form, (b) deliver any TANA Data in its original form to any third party, but may only combine the TANA Data with substantial added value to create the authorized ArcWeb Service(s), (c) use the TANA Data to provide any competitive information about TANA or the TANA Data to any third parties, (d) create Derivative Products that compete with the TANA Data, or (e) create Derivative Products other than the specific authorized ArcWeb Service(s).

vi.   Licensee may not provide access to the Data other than through the Service(s).

vii.  Licensee agree that attributes in the TANA Data of (a) Functional Road Class, (b) Speed Category, (c) Access Restrictions and Conditions; (d) Internal Intersections Links, (e) Maneuvers, (f) Indescribable Links, (g) Special Explication, and (h) House Number Ranges, shall be used by the Service(s) for calculation purposes only, and such attributes may not be displayed or otherwise disclosed to end users, consumers, or any third party, provided, however, that specific house numbers may be derived from House Number Ranges and displayed to end users and/or consumers to identify correlating locations satisfying search queries of such end users and/or consumers; and (i) TANA Data attributes of Sign Text may only be displayed or otherwise revealed in connection with a specific route for which driving directions and/or route guidance is provided to an end user and/or consumer.

viii. Licensee may not disclose, sublicense, distribute, transmit, or in any manner otherwise provide the TANA Data to Navigation Technologies, Inc. (NavTeq).

ix.   This Agreement may terminate twelve months after any termination of the ESRI/TANA Agreement concerning the use of the TANA Data hereunder.

x.    Licensee must destroy (and provide certification of such destruction) or return to ESRI all copies of the TANA Data that Licensee is in the possession or control of upon termination or expiration of this Subscription Agreement.