8
AMOUNT PAID BY YOU FOR YOUR COPY OF THE
PIONEER DATA. PIONEER, ITS LICENSORS AND
SUPPLIERS SHALL NOT BE LIABLE IN ANY MAT-
TER TO YOU FOR ANY SPECIAL, INDIRECT, CON-
SEQUENTIAL OR INCIDENTAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSI-
NESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE
LIKE) ARISING OUT OF THIS AGREEMENT OR
THE USE OF OR INABILITY TO USE THE DATA,
EVEN IF PIONEER, ITS LICENSORS OR SUPPLI-
ERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
5. Termination.
This Agreement will terminate immediately and
automatically, without notice, if you breach any
term of this Agreement. You agree that in the
event of termination of the Agreement, you shall
return the Data (including all documentation and
all copies) to PIONEER and its suppliers.
6. Indemnity.
You agree to indemnify, defend and hold PIO-
NEER, its Licensors, and its suppliers (including
their respective licensors, suppliers, assignees,
subsidiaries, affiliated companies, and the
respective officers, directors, employees, share-
holders, agents and representatives) free and
harmless from and against any liability, loss,
injury (including injuries resulting in death),
demand, action, cost, expense, or claim of any
kind or character, including but not limited to
attorney's fees, arising out of or in connection
with any use or possession by you of the Data.
7. Additional Provisions with respect to
the Great Britain Data and Northern Ire-
land data only.
a. You are prohibited from removing or obscuring
of any copyright, trademark or restrictive leg-
end belonging to Ordnance Survey.
b. The Data may include the data of licensors,
including Ordnance Survey. Such Data is pro-
vided on an “AS IS” AND “WITH ALL FAULTS
BASIS” and the licensors EXPRESSLY DIS-
CLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF NON-
INFRINGE-MENT, MERCHANTABILITY, QUAL-
ITY, EFFECTIVENESS, COMPLETENESS, ACCU-
RACY, TITLE AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF
THE DATA PRODUCT RESTS WITH YOU. ORD-
NANCE SURVEY DOES NOT WARRANT THAT
THE DATA WILL MEET YOUR REQUIRE-
MENTS, OR COMPLETE OR ACCURATE OR
UP TO DATE OR ACCURATE OR THAT THE
OPERATION OF THE DATA WILL BE UNINTER-
RUPTED OR ERROR FREE. NO ORAL OR
WRITTEN ADVICE GIVEN BY ORDNANCE SUR-
VEY, PIONEER OR ITS LICENSORS AND
EMPLOYEES CREATES A WARRANTY OR IN
ANY WAY INCREASES ORDNANCE SURVEY’S
LIABILITY AND YOU MAY NOT RELY ON ANY
SUCH INFORMATION OR ADVICE. This is an
essential condition of the Agreement and You
accept the Data on that basis.
c. IN NO EVENT SHALL ORDNANCE SURVEY BE
LIABLE TO YOU FOR MATTERS ARISING OUT
OF THE SUBJECT MATTER OF THE AGREE-
MENTS, WHETHER IN CONTRACT, TORT OR
OTHERWISE. THE LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAM-
AGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUP-
TION, LOSS OF BUSINESS INFORMATION,
AND THE LIKE) ARISING OUT OF THE AGREE-
MENT OR THE USE OF OR INABILITY TO USE
THE DATA, EVEN IF THEY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
d. You are prohibited from using the Data in any
printed, published form that results in deriva-
tive products to be distributed freely or sold to
the public without the prior permission of Ord-
nance Survey.
e. You shall indemnify and hold harmless Ord-
nance Survey from and against any claim,
demand or action, irrespective of the nature of
the claim, demand or action alleging loss,
costs, damages, expenses, or injury (including
injury from death) resulting from your autho-
rised or unauthorised use, possession, modifi-
cation, or alteration of the Data.
f. End User accepts the obligation to, on request,
provide Ordnance Survey with information on
what products and/or services containing and/
MAN-HD3-SOFTW-EN.book Page 8 Wednesday, January 10, 2007 9:33 AM
