settle an indemnifiable claim without obtain MapQuest's prior written
consent.
EXPORT RESTRICTIONS. You agree to comply with all export and import
laws and restrictions and regulations of the United States or any foreign
agency or authority, and not to export or re-export MapQuest Services
or any direct product thereof in violation of any such restrictions, laws or
regulations, or without all necessary approvals.
NOTICES AND TRANSACTING ELECTRONICALLY. You understand and
agree that MapQuest is an online service and that you are transacting
with MapQuest electronically. MapQuest shall provide electronic
notices by posting them on this website and/or by sending an email to
any account associated with your Credentials.
GENERAL PROVISIONS.
15.1. Entire Agreement. These Terms of Use constitute the entire
agreement between MapQuest and You with respect to the subject
matter of these Terms of Use, and supersedes all prior agreements,
understandings and communications between MapQuest and You with
respect to such subject matter. No modification or amendment to these
Terms of Use shall be effective unless in writing by MapQuest.
15.2. Choice of Law; Jurisdiction. These Terms of Use are made under
and shall be governed by and construed in accordance with the laws of
the Commonwealth of Virginia (except for its conflicts of laws principles)
and specifically excluding f the United Nations Convention on Contracts
for the International Sale of Goods. MapQuest and You expressly agree
that exclusive jurisdiction for any claim or dispute relating to or arising
out of these Terms of Use resides in the state courts in Loudoun County,
Virginia and the federal courts of the Eastern District of Virginia
(Alexandria Division) and further agree and expressly consent to the
exercise of personal jurisdiction in such state and federal courts of
Virginia in connection with any such dispute.
15.3. Severability; Waiver. If any provision in these Terms of Use should
be held illegal or unenforceable by a court having jurisdiction, such
provision shall be modified to the extent necessary to render it
enforceable without losing its intent, or severed from these Terms of Use
if no such modification is possible, and other provisions of these Terms of
Use shall remain in full force and effect. A waiver by either MapQuest or
You (as applicable) of any term or condition of these Terms of Use or any
breach thereof, in any one instance, shall not waive such term or
condition or any subsequent breach thereof.
15.4. Public Statements. You acknowledge and agree that MapQuest
may make any public statements regarding the existence of these
Terms of Use or the relationship described herein, without Your consent.
15.5. Survival. Any term or condition of these Terms of Use that by its
nature would logically survive termination or expiration of these Terms
of Use, including but not limited to protections of proprietary rights,
indemnifications, and limitations of liability, shall survive such
termination or expiration.
15.6. Independent Contractors. The parties to these Terms of Use are
independent contractors. Neither party is an agent, representative or
partner of the other party. Neither party shall have any right, power or
authority to enter into any agreement for or on behalf of, or incur any
obligation or liability of, or otherwise to bind, the other party.
15.7. Equitable Remedies. You acknowledge and agree that monetary
damages may be insufficient to compensate MapQuest for an actual or
anticipated breach of these Terms of Use by you. You agree that in such
circumstances MapQuest shall be entitled to seek equitable remedies
(including preliminary and permanent injunctions), in addition to any
other remedies available to MapQuest at law or hereunder.
15.8. Statute of Limitations. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related
to use of the MapQuest Services or these Terms of Use must be filed by
you within one (1) year after such claim or cause of action arose or be
forever barred.
15.9. Consent to Further Contacts. You agree that MapQuest may
contact You with respect to these Terms of Use, any other MapQuest
products and services, and in relation to any marketing related-
purposes.
ODC Open Database License (ODbL)
The Open Database License (ODbL) is a license agreement intended to
allow users to freely share, modify, and use this Database while
maintaining this same freedom for others. Many databases are covered
by copyright, and therefore this document licenses these rights. Some
jurisdictions, mainly in the European Union, have specific rights that
cover databases, and so the ODbL addresses these rights, too. Finally,
the ODbL is also an agreement in contract for users of this Database to
act in certain ways in return for accessing this Database.
Databases can contain a wide variety of types of content (images,
audiovisual material, and sounds all in the same database, for example),
and so the ODbL only governs the rights over the Database, and not the
contents of the Database individually. Licensors should use the ODbL
together with another license for the contents, if the contents have a
single set of rights that uniformly covers all of the contents. If the
contents have multiple sets of different rights, Licensors should describe
what rights govern what contents together in the individual record or in
some other way that clarifies what rights apply.
Sometimes the contents of a database, or the database itself, can be
covered by other rights not addressed here (such as private contracts,
trade mark over the name, or privacy rights / data protection rights over
information in the contents), and so you are advised that you may have
to consult other documents or clear other rights before doing activities
not covered by this License.
The Licensor (as defined below) and You (as defined below) agree as
follows:
1.0 Definitions of Capitalised Words
"Collective Database" – Means this Database in unmodified form as part
of a collection of independent databases in themselves that together are
assembled into a collective whole. A work that constitutes a Collective
Database will not be considered a Derivative Database.
"Convey" – As a verb, means Using the Database, a Derivative
Database, or the Database as part of a Collective Database in any way
that enables a Person to make or receive copies of the Database or a
Derivative Database. Conveying does not include interaction with a user
through a computer network, or creating and Using a Produced Work,
where no transfer of a copy of the Database or a Derivative Database
occurs.
"Contents" – The contents of this Database, which includes the
information, independent works, or other material collected into the
Database. For example, the contents of the Database could be factual
data or works such as images, audiovisual material, text, or sounds.
"Database" – A collection of material (the Contents) arranged in a
systematic or methodical way and individually accessible by electronic
or other means offered under the terms of this License.
"Database Directive" – Means Directive 96/9/EC of the European
Parliament and of the Council of 11 March 1996 on the legal protection
of databases, as amended or succeeded.
"Database Right" – Means rights resulting from the Chapter III
("suigeneris") rights in the Database Directive (as amended and as
transposed by member states), which includes the Extraction and Re-
utilisation of the whole or a Substantial part of the Contents, as well as
any similar rights available in the relevant jurisdiction under Section
10.4.
"Derivative Database" – Means a database based upon the Database,
and includes any translation, adaptation, arrangement, modification, or
any other alteration of the Database or of a Substantial part of the
Contents. This includes, but is not limited to, Extracting or Re-utilising the
whole or a Substantial part of the Contents in a new Database.
"Extraction" – Means the permanent or temporary transfer of all or a
Substantial part of the Contents to another medium by any means or in
any form.
"License" – Means this license agreement and is both a license of rights
such as copyright and Database Rights and an agreement in contract.
"Licensor" – Means the Person that offers the Database under the terms
of this License.
"Person" – Means a natural or legal person or a body of persons
corporate or incorporate.
"Produced Work" – a work (such as an image, audiovisual material, text,
or sounds) resulting from using the whole or a Substantial part of the
Contents (via a search or other query) from this Database, a Derivative
Database, or this Database as part of a Collective Database.
"Publicly" – means to Persons other than You or under Your control by
either more than 50% ownership or by the power to direct their activities
(such as contracting with an independent consultant).
"Re-utilisation" – means any form of making available to the public all or
a Substantial part of the Contents by the distribution of copies, by
renting, by online or other forms of transmission.
"Substantial" – Means substantial in terms of quantity or quality or a
combination of both. The repeated and systematic Extraction or Re-
utilisation of insubstantial parts of the Contents may amount to the
Extraction or Re-utilisation of a Substantial part of the Contents.
"Use" – As a verb, means doing any act that is restricted by copyrightor
Database Rights whether in the original medium or any other; and
includes without limitation distributing, copying, publicly performing,
publicly displaying, and preparing derivative works of the Database, as
well as modifying the Database as may be technically necessary to use
it in a different mode or format.
Version 1.075, Revision C TMX-2050 Display User Guide 5
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