by User any time from within the corresponding menu. The collected data is always anonymous, not
associated in any way with any personal information of the User or with the User itself.
10.2 The collected data may be uploaded to Licensor’s database or transmitted periodically or in real time
to a third party partner and used exclusively for the purpose of enhancing and improving the precision
and reliability of features and services of the Software Product and the Databases. Uploading is executed
through Licensor’s special software or by the User navigation device, and the upload may be enabled or
disabled by User. After successful data upload, the collected data is deleted from the Software Product
storage media.
10.3 Collected data is transmitted, stored and handled anonymously and no connection of the data with
the User shall be established by Licensor or any third party.
10.4 Licensor hereby informs the User, that if it accesses the Internet through mobile data service while
abroad or otherwise roaming another mobile network the transmission of such data may result in special
roaming charges. To avoid such charges it is the responsibility of the User to disable mobile data services
while roaming or to turn off the data collection functions of the Software Product.
11 Online Content Service Auxiliary Terms
11.1 For online content services the following auxiliary terms shall also apply. Database content (e.g.
weather-, traffic info, location based info) may be supplied by Licensor to the User’s Device through an
Internet connection (hereinafter: "Online Content Services"). Such Content may be granted for a fee or
free of charge subject to Licensor’s decision. Ensuring access to the Internet is the responsibility of the
User.
11.2 Online Content Services in general are not available in all countries, furthermore different conditions
and Service characteristics may apply in different countries. Use of certain Online Services may be
prohibited in various countries. It is the User's responsibility to comply with country specific regulation.
Licensor excludes its liability for the consequences of illegal use of such functions and User shall
indemnify and hold Licensor harmless from all claims against Licensor from authorities or third parties due
to the illegal use.
11.3 Online Content is downloaded by the Software Product from Service Provider's Online content
servers. The Licensor hereby excludes any liability of its own for the Online content. The Licensor does
not warrant the quality, suitability, accuracy, fitness for a specific purpose or territorial coverage of the
Online content, furthermore no warranty is offered regarding the availability (e.g. uptime) of Online
content servers. User acknowledges that in any territory or time, slow- or non-connectivity may be
experienced due to capacity limitations of Licensor's servers. The Software Product may allow the User to
access and communicate third party servers directly. In such cases use of such servers is for User's own
risk entirely. Licensor shall not undertake any liability whatsoever for such servers and services accessed
and received directly form third parties.
11.4 User acknowledges that the data or information provided through Online Content Services is not
updated in real-time and may not accurately reflect the real life situation or events.
11.5 The User hereby acknowledges that the Online Content Services may only be used at the risk of the
User and for the personal benefit of the User. It is the sole responsibility of the User to provide and
maintain a connection to the public Internet network. User accepts that the usage of the Online Content
Services generates data traffic (up- and downstream) and may result in increased data service fees
payable by User.
11.6 Online Content Services may provide data, information or materials supplied and/or licensed by third
parties to Licensor. For such materials different terms and conditions imposed by such third parties may
apply. Applicable third party terms shall be referred in the "About" section of the Software Product or as
part of this Agreement. When first using / enabling Online Content, User accepts compliance with those
third party terms and conditions.
11.7 Discontinuation. Licensor reserves the right to discontinue provision or access to any Online Content
Service with or without prior notice to the User. Such discontinuation shall not entail any consequences
other than here stated. In case of discontinued Online Content Services that were (i) provided for a pre-
paid fee, AND (ii) such fee covers the use of the Online Content Service for a definite term (i.e. pre-paid
108 NX404 English
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