96 NX302E English
10.1 The User hereby acknowledges that the Software Product may collect, transmit to
Licensor or third parties, and in some cases store data connected to the usage of the
Software Product by the User (e.g. movement/route data, user interaction data). Such data
collection functions may be disabled or enabled 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.
