License Agreement: Effective November 1, 2016

This is the current End User License Agreement (EULA) that covers the use of Trimble's Terrain Navigator. It explains the terms of use that all customers must agree to in order to install and use this product.

END USER LICENSE AGREEMENT
Terrain Navigator Pro
Effective November 1, 2016

IMPORTANT, READ CAREFULLY.
THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (either an individual or a single entity) AND TRIMBLE Inc. and its affiliates (collectively, “Licensor”) and applies to the Terrain Navigator Pro™ (TNP) software product provided herewith, including any accompanying written materials, such as a user's guide or product manual, access to the TNP Cloud, TNP Mobile Application(s) and digital mapping service (“Services”) as well as any “online” or electronic documentation (collectively,“Software”). This Agreement will also apply to any Software error corrections, updates and upgrades subsequently furnished by Licensor, unless such are accompanied by different license terms and conditions which will govern their use.

BY ACCEPTING THIS AGREEMENT OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THIS SERVICE OR SOFTWARE..

1) SOFTWARE LICENSE.
      The Software is licensed, not sold.

1.1) License Grant.
Subject to your compliance with the terms of this Agreement, and the Terms of Use for the Software (the “Terms of Use”), Licensor grants you a non-exclusive, non-transferable license, without right of sublicense, to install and run one copy of the Software on one licensed computer device (the first licensed device). Additionally the licensed user may access the TNP Mobile Application(s) on one licensed mobile device (the first licensed mobile device). The user whose TNP account is associated with the software license for the first licensed device is the “licensed user.” If the Software is licensed for more than one licensed user then the license granted hereunder shall be extended up to the number of licensed users that you have paid for.

Licensor expressly reserves any and all rights which it may have in or to the Software which are not expressly licensed by Licensor to you hereunder, including but not limited to any and all such copyrights, patent rights and other intellectual property rights. You may reasonably copy the Software to the extent necessary to enable this permitted use of the Software, but you may not copy or distribute the Software to any third parties. In no event shall you make any use of the Software for commercial purposes except as expressly permitted herein, it being understood that, except as so expressly permitted, your sole rights with respect to the Software shall be to use the Software for your own benefit and not for the benefit of any third party.

1.2) License Period.
Your right to use the Software is limited to the subscription period. You may have the option to extend your subscription. If you extend your subscription, you may continue using the service/software until the end of your extended subscription period. See the Software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the service and software will stop running.

1.3) Other Rights and Limitations.
  a) You may not copy, modify, make derivative works of, rent, lease, sell, sublicense, distribute or transfer the Software, in whole or in part, except as otherwise expressly authorized under this Agreement, and you agree to use all commercially reasonable efforts to prevent its unauthorized use and disclosure. Disabling any licensing control features is prohibited.
  b) You may not enable or allow others to use the Product using your account information.
  c) The Software contains valuable trade secrets proprietary to Licensor and its suppliers. To the extent permitted by applicable law, you shall not, nor allow any third party to copy, decompile, disassemble or otherwise reverse engineer the Software, or attempt to do so; provided, however, that to the extent any applicable mandatory laws give you the right to perform any of the aforementioned activities without Licensor's consent in order to gain certain information about the Software for purposes specified in the respective statutes (e.g., interoperability), you hereby agree that, before exercising any such rights, you shall first request such information from Licensor in writing detailing the purpose for which you need the information. Only if and after Licensor, at its sole discretion, partly or completely denies your request, may you exercise such statutory rights.
  d) No service bureau work is permitted. For purposes of this Agreement "service bureau work" shall be deemed to include, without limitation, use of the Software to process or to generate output data for the benefit of, or for purposes of rendering services to any third party over the Internet or other communications network.
  e) You may not use the Software for performance, benchmark or comparison testing or analysis, or disclose to any third party or release any results thereof (all of which information shall be considered Licensor confidential information) without Licensor's prior written consent.
  f) No Distribution. You agree that you will not distribute, resell, transfer or convey all or any portion of the Product except as expressly permitted herein. Without limiting the generality of the foregoing, you agree that you will not make any portion of the Product accessible by means of the Internet except as expressly permitted herein.
  g) Limited Right to Use Printouts. You acknowledge and agree that, except as expressly permitted herein, the license granted to you herein authorizes you to permit printed copies of all or any portion of the Product (“Printouts”) to be used by no more than three persons, each of whom is either you or one of your employees who is using such Printout for your benefit.
  h) Limited Right to Make Derivative Products. You shall have the right to make copies of the Product in connection with the development of Derivative Products (as defined below), and all such Derivative Products shall be subject to all of the restrictions contained herein which are applicable to the Product. You acknowledge that, except as expressly permitted herein, you shall not have any right to sell, distribute or make available to any third party any Derivative Product for any purpose whatsoever, or to use any Derivative Products for the benefit of any third party, and all such Derivative Products shall be solely for your own personal use.
  i) As used herein, the term “Derivative Products” shall mean products which include or are derived from any portion of the Product, including without limitation materials which include raster or vector copies of some or all of the cartographic materials or photographs included within the Product, or which include or are derived from any database compilations or editorial content included within the Product. Licensor’s suppliers shall be third party beneficiaries to the terms of this Section and shall have the right to enforce the terms of this Section between you and Licensor’s.
  j) You agree to comply with all applicable laws and regulations of the United States and of other jurisdictions (national, state and local) to the extent that they may govern your use of the Software. Without limiting the foregoing, you shall not (directly or indirectly) export, re-export, import, transfer, or divert the Software in whole or in part (i) without all necessary authorizations required by law, or (ii) to any prohibited destination or to any prohibited person, entity or end user as specified by U.S. export control laws.
  k) Provisions related to street data provided by TomTom
  1. TomTom shall have the right to audit Your use of the product with respect to Your use of the sublicensed data;
  2. The covenants and obligations undertaken by the You herein are intended for the direct benefit of TomTom and may be enforced by TomTom directly against You;
  3. You are strictly prohibited from removing or obscuring of any copyright, trademark notice, or restrictive legend;
  4. Your use of the Product is restricted to Your own internal business or personal use and not for resale, distribution, sublicense or commercial use;
  5. You acknowledge that the use of the Licensed Products with a non-TomTom map may result in increased variance between the location displayed on the map and ground truth location;
  6. You shall not provide display or allow access to the actual numerical latitude and longitude coordinates;
  7. You shall not use the Product to create (or assist in the creation of) a digital map database. A “digital map database” means 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;
  8. You shall not use the Product to provide competitive information about TomTom or its products to third parties;
  9. You shall not use the Product for in-flight navigation.
  10.In the event that You or the End User is a government entity sections 2.1, 2.2, 2.3, and 2.4 shall apply.

1.4) Termination.
The license is effective until terminated as provided herein. You may terminate this Agreement by ceasing all use of the Software and destroying or returning all copies. Without prejudice as to any other rights, Licensor may terminate this Agreement and your access to the TNP Cloud with or without notice if you fail to comply with the terms and conditions of this Agreement. In such event, you must cease its use destroy all copies of the Software and of its component parts.

In addition, we may discontinue the Services in whole or in part, and/or cancel your Services account with or without notice for any reason at any time.

YOU AGREE THAT TRIMBLE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ITS CANCELLATION OR TERMINATION FOR ANY OF THE ABOVE-CITED REASONS EXCEPT AS EXPRESSLY PROVIDED HEREIN. IF YOUR ACCOUNT IS CANCELLED FOR ANY REASON, YOU AGREE NOT TO RE-REGISTER FOR A SERVICES ACCOUNT WITHOUT WRITTEN PERMISSION FROM TRIMBLE.

1.5) Deletion of Customer Data.
We may permanently delete any and all information, data and content maintained in or under your account from our servers after that period of time and upon any termination of the Services or any Service subscription. Licensor accepts no responsibility for such deleted information, data or content.

1.6) Modification of Services.
We may, at any time, modify, suspend or permanently discontinue the Services, or any portion of them, with or without advance notice. Licensor will not be liable to you or to any third party for any such modification, suspension or discontinuance.

1.7) Copyright.
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software), the accompanying written materials, and any copies of the Software are owned by Licensor and its suppliers. You shall not remove, cover or alter any of Licensor's patent, copyright or trademark notices placed upon, embedded in or displayed by the Software or on its packaging and related materials.

1.8) Notice about Location Based Services.
The Software enables gathering of location information from your wireless carrier, certain third-party service providers, or directly from your cell phone. Location information is used on the mobile application only while the application is running and in accordance with your privacy and opt-in settings. You agree to notify any other users associated with your cell phone of this feature. You control when your location is shared with others by managing the settings on the application or cell phone. You may revoke the foregoing consents within the Software or cell phone by opting-out of sharing location information.

1.9) Third Party Communications Systems and Content.
Some features of the Software require use of a proprietary third party communications system, such as that of a telephonic wireless communications carrier or a satellite-based communication system (each, a “Communications Carrier”). TRIMBLE HAS NO RESPONSIBILITY FOR THE AVAILABILITY, QUALITY OR PERFORMANCE OF WIRELESS OR SATELLITE-BASED COMMUNICATIONS SERVICES OR EQUIPMENT FURNISHED BY THE COMMUNICATION CARRIERS. THE COMMUNICATIONS CARRIERS ARE EXCLUSIVELY RESPONSIBLE FOR SUCH SERVICES AND EQUIPMENT.

1.10) Website Provisions for Terrain Navigator Pro.
  a) Certain portions of the Product are made available to you over the Internet from Licensor’s website (the “Website”) solely during periods when you have a validly existing subscription for the Product (a “Subscription”). YOU ARE SOLELY RESPONSIBLE FOR OBTAINING INTERNET ACCESS FOR SUCH PURPOSE.
  b) YOU ACKNOWLEDGE THAT ACCESS TO THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE, AND THAT TRIMBLE HAS NOT MADE ANY REPRESENTATION OR WARRANTY AS TO THE PERIODS OF THE WEBSITE’S AVAILABILITY, THE AVAILABILITY OF TECHNICAL SUPPORT, OR THE RESPONSE TIMES WHICH YOU MAY EXPERIENCE WHEN USING THE WEBSITE.
 
2)   Similarly, features of the Software require use of third-party provided maps and other third-party textual and image content (the “Third Party Content”). LICENSOR HAS NO RESPONSIBILITY FOR THE QUALITY OR ACCURACY OF THIRD PARTY CONTENT.  

2.1) U.S. Government Licensee - Restricted Rights. [Applies only to U.S. Government Licensees]
If you are the United States Government or any agency or contractor thereof, use, duplication or disclosure of the Software is granted with “Restricted Rights” subject to the restrictions set forth in this Agreement and as provided in FAR 52.227.19(c)(2) or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and/or in similar or successor clauses in the FAR, or the DOD or NASA FAR Supplement.

2.2) If End User 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 the LIMITED or RESTRICTED rights as described in any applicable DFARS or FAR. In case of conflict between any of the FAR and/or DFARS that may apply to the Licensed Product, the construction that provides greater limitations on the Government’s rights shall control. Contractor/manufacturer is TomTom North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Phone: 603.643. 0330. The Licensed Products are © 2006-2011 by TomTom. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed Products are a trade secret and a proprietary commercial product and not subject to disclosure.

2.3) If End User 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 End User hereby agrees to protect the Licensed Products from public disclosure and to consider the Licensed Products 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 Licensed Products. In the event that such exemption is challenged under any such laws, this EULA shall be considered breached and any and all right to retain any copies or to use of the Licensed Products shall be terminated and considered immediately null and void. Any copies of the Licensed Products held by Licensee shall immediately be destroyed.

2.4) If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this EULA shall be considered terminated and null and void, in its entirety, and any and all copies of the Licensed Products shall immediately be destroyed.

3)   PRIVACY AND USER DATA
3.1) Privacy Statement.
To understand Trimble's general data privacy practices, please review our privacy statements at http://terrainnavigator.com/Product/Privacy.

3.2) Notice Regarding the Potential Collection of User Data; Location Data.
You acknowledge that the data stored and collected by and through the Services may be retraceable to individuals ("Personal Data"). Each time a user logs on to a Service for which registration is required, certain information, including the login credentials, will be sent in communications with the servers hosted by us. This information is used to access the user's account, the applicable Service and other personalized features. We may match the login credentials to personally identifiable information in order to provide the user with the Service that the user is entitled to use, and to provide relevant data and information. The Trimble software applications also permit upload and collection of location-based data related to the operation of your mobile phone or other wireless device used in connection with the Services ("Location Data").

3.3) Data that is stored on your mobile phone or other wireless device will upload from your phone or device and be transmitted to our servers when such upload and transfer is initiated by you or if you have otherwise consented to it, such as when you voluntarily upload project information as described below. The gathered data may include but is not limited to, track logs (a track log consists of a list of spatial points and the times your software application was at given spatial points), diagnostics, and information related items that were viewed on your mobile phone or device, how often they were clicked and how often certain actions were performed.

3.4) You hereby understand and agree that by using the Software and Services you consent to our collection, transmission, use and sharing of your user data (including any Personal Data and Location Data contained therein) as described and in accordance with End User License Agreement and our privacy statements.

4)   WARNING REGARDING NAVIGATIONAL USE.
THE PRODUCT MAY BE USED AS AN AID TO NAVIGATION. YOU UNDERSTAND AND ACKNOWLEDGE THAT NAVIGATION REQUIRES THE APPLICATION OF SOUND JUDGMENT AND EXPERTISE IN THE PROCESS OF INTEGRATING NAVIGATIONAL INFORMATION FROM ALL AVAILABLE SOURCES. THE PRODUCT SHOULD NEVER BE USED AS THE SOLE SOURCE OF INFORMATION FOR NAVIGATION.

5)   NO WARRANTIES.
The Software is being delivered to you “AS IS” and Licensor makes no warranty as to its use or performance. LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, TERMS, AND CONDITIONS, EITHER EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, TERMS, AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH REGARD TO THE SOFTWARE, ITS SATISFACTORY QUALITY, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

LICENSOR IS NOT RESPONSIBLE FOR THE OPERATION OR FAILURE OF OPERATION OF GLOBAL NAVIGATION SATELLITE SYSTEM (“GNSS”) SATELLITES OR THE AVAILABILITY OF GNSS SATELLITE SIGNALS.

THE LICENSED PRODUCTS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” AND TOMTOM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TOMTOM OR ANY OF ITS AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.

6)   LIMITATION OF LIABILITY.
YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT.

IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) EXCEED THE ACTUAL AMOUNT PAID TO LICENSOR FOR USE OF THE SOFTWARE GIVING RISE TO THE CLAIM. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

PLEASE NOTE: THE ABOVE LICENSOR LIMITED WARRANTY PROVISIONS MAY NOT APPLY TO SOFTWARE PRODUCTS PURCHASED IN THOSE JURISDICTIONS (SUCH AS COUNTRIES OF THE EUROPEAN ECONOMIC COMMUNITY) IN WHICH PRODUCT WARRANTIES ARE OBTAINED FROM THE LOCAL DISTRIBUTOR. IN SUCH CASE, PLEASE CONTACT YOUR LICENSOR DEALER FOR APPLICABLE WARRANTY INFORMATION.

IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY NAVIGATIONAL USE OF AERIAL PHOTOGRAPHS AND/OR TOPOGRAPHIC MAPS AND/OR U.S. ARMY CORPS OF ENGINEERS CHARTS AND/OR CONTOUR CHARTS AND/OR ELEVATION MODELS AND/OR TIDE AND CURRENT DATA AND DISPLAYS AND/OR LIGHT LIST DATA AND DISPLAYS WHICH MAY BE INCLUDED WITHIN THE PRODUCT. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR LOST PROFITS, ECONOMIC LOSSES, OR ANY OTHER CONSEQUENTIAL DAMAGES, OR FOR EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, ARISING OUT OF ANY BREACH BY LICENSOR OF ANY WARRANTY, AGREEMENT OR OBLIGATION CONTAINED HEREIN, EVEN IF LICENSOR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NEITHER TOMTOM NOR ITS SUPPLIERS SHALL BE LIABLE TO THE UNDERSIGNED FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOMTOM SHALL HAVE NO MONETARY LIABILITY TO THE UNDERSIGNED FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.

7)   EXPORT RESTRICTIONS.
You shall not export, directly or indirectly, the Software (or any component part or output thereof) to any country in violation of any law or regulation, including without limitation any law or regulation of the U.S. Government or any agency. You are solely responsible for complying with all applicable export and import regulations and obtaining all necessary export and import licenses or permits for the Software. You agree to defend, indemnify and hold Licensor harmless against any liability (including attorneys' fees) arising out of your failure to comply with the terms of this paragraph.

8)   GENERAL.
8.1) This Agreement shall be governed by the laws of the State of California and applicable United States Federal law without reference to "conflict of laws" principles or provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Jurisdiction and venue of any dispute or court action arising from or related to this Agreement or the Software shall lie exclusively in or be transferred to the courts the County of Santa Clara, California, and/or the United States District Court for the Northern District of California. You hereby consent and agree not to contest, such jurisdiction, venue and governing law.

8.2) Notwithstanding Section 7.1, if you acquired this product in Canada, this Agreement is governed by the laws of the Province of Ontario, Canada. In such case each of the parties to this Agreement irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation that may arise under this Agreement in the courts located in the Judicial District of York, Province of Ontario. Or, if you acquired this product in the European Union, this Agreement is governed by the laws of The Netherlands, excluding its rules governing conflicts of laws and excluding the United Nations Convention on the International Sale of Goods. In such case each of the parties to this Agreement irrevocably attorns to the jurisdiction of the courts of The Netherlands and further agrees to commence any litigation that may arise under this Agreement in the courts of Amsterdam, The Netherlands.

8.3) Ownership of the Product.
The Product and all copies thereof, including without limitation any and all translations, compilations, partial copies, extracts, excerpts, summaries, modifications and enhancements thereof, are and shall remain the sole and exclusive property of Licensor and its suppliers. All applicable rights to patents, copyrights, trademarks and trade secrets in the Product, including without limitation all such rights under U.S. Patent No. 5,727,090, are and shall remain in Licensor and such suppliers. To the extent that you may acquire any right or interest in or to the Product, other than the rights and license expressly granted to you herein, you agree that you shall be deemed to have assigned such rights to Licensor.

8.4) You may not assign this Agreement in whole or in part without Licensor's prior written consent, and any assignment or transfer in violation of the foregoing is null and void. Licensor reserves all rights not expressly granted by this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid, it shall not render this Agreement unenforceable or invalid as a whole, and in such event, such provision shall be interpreted so as to best accomplish the objectives of the unenforceable or invalid provisions within the limits of applicable law.

8.5) The failure of Licensor to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. This Agreement may only be modified in writing by an authorized representative of Licensor. This Agreement, together with the Terms of Use, constitutes the entire agreement between you and Licensor relating to the Software and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter whether oral or written. In the event of any conflict between this Agreement and such Terms of Use with respect to the Software, this Agreement will control.

8.6) The official language of this Agreement is English. For purposes of interpretation, or in the event of a conflict between English and versions of this Agreement in any other language, the English language version shall be controlling.

8.7) Other Licenses
THE FOLLOWING ADDITIONAL ACKNOWLEDGEMENTS MAY APPLY TO THE PRODUCT:
  a) (c) 2006-2011. TomTom. All rights reserved. This material is proprietary and the subject of copyright protection, database right protection and other intellectual property rights owned by TomTom or its suppliers. The use of this material is subject to the terms of a license agreement. Any unauthorized copying or disclosure of this material will lead to criminal and civil liabilities.
  b) This software is based in part on the work of the Independent JPEG Group.
  c) Portions of this software were derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm.
  d) TIFF Library. Rev 5.0 Lempel-Ziv & Welch Compression Support Copyright (c) 1985, 1986 The Regents of the University of California. All rights reserved.
  e) Info-ZIP Copyright (c) 1990-2009 Info-ZIP. All rights reserved.
  f) Mapbox Copyright (c) 2016 Mapbox. All rights reserved.
  g) OpenStreetMap Copyright (c) 2016 OpenStreetMap. All rights reserved.
  h) 7-ZIP Copyright (c) 2016 7-ZIP. All rights reserved.

Terrain Navigator Pro
End User License Agreement
Rev. November 1, 2016

Feedback and Knowledge Base