Conditions of use of www.maporama.com

The web site www.maporama.com (called hereafter the "Site") is published by Maporama International:

MAPORAMA INTERNATIONAL
A Limited Company with a capital of 301.600 €
Registered in the Paris Corporate Register under number B 451 365 639
174, Quai de Jemmapes
75010 Paris - FRANCE

The Site host is:

LOUIS DREYFUS COMMUNICATIONS SA
Registered in the Nanterre Corporate Register under number B 414 946 194
40/42, Quai du Point du Jour

By your access to the Site, you accept the following conditions of:

Article 1: Intellectual property rights, database producers copyright

1.1. The Maporama Site is protected by copyright and database producers copyright. Consequently, the Site users cannot download information which is contained in it (text, images, sounds, data) except for strictly private ends.

All the extracts, the reuses, the copies of the representations, total or partial, of the information of the Site for ends other than private without the express authorization of Maporama is forbidden.

All extracts are forbidden for a continuous or a temporary transfer. Other mediums, or reuse by making at the disposal of the public of entirely or a substantial part, in quality or in quantity, of the Site content, or when these operations exceed the conditions of normal use of the Site even for private ends.

Similarly, any non-authorized reproduction of the literary, musical, audiovisual, or photographic works and more generally of any work liable to be protected by copyright, that are accessible on the Maporama Site is forbidden and punished by civil and/or penal sanctions, in conformity with the Intellectual property code, article L122-4, provisions (unless this reproduction is reserved exclusively to a strictly private use).

1.2. Maporama remains the sole owner of the items that it implements within the scope of the Site and, in particular, of the rights on the X/Y co-ordinates (longitude/latitude) of the addresses geo-coded by Maporama and/or provided by it or using Maporama geo-localisation data.

1.3. All data used to create the Site are copyright protected. The following copyright notices apply to suppliers:

Copyright © 2001 DMTI Spacial Inc.

Canadian maps are copyrighted © 2001 DMTI Spacial Inc., are published under the trademark CanMap®, and are produced by DMTI Spacial Inc. under license from Her Majesty the Queen in Right of Canada with permission from Natural Resources Canada.

DMTI DATA USER LICENSE AGREEMENT

DMTI Spacial Inc. ("DMTI") hereby grants to you a non-exclusive, non-transferable license to use the CanMap Streetfiles and GeoPinpoint Software ("Licensed Products") accessible through this website, subject to the following terms and conditions:

You acknowledge that the Licensed Product(s) belong to DMTI and its third party supplier, and that the Licensed Product(s) are copyrighted. Unauthorized copying of the Licensed Product(s), or documentation is expressly forbidden and you may be held legally responsible for copyright infringement which is caused or encouraged by your failure to abide by the terms of this agreement.

You may not reproduce, sell, rent, lease, loan, distribute or sublicense the Licensed Product or otherwise transfer the Licensed Product(s) to any third party, use the Licensed Product for commercial purposes, or use the Licensed Product to create any derived product for any of these prohibited purposes, except that you may make use of maps generated using the Licensed Products if generated in connection with the Maporama website in a manner authorized by the terms and conditions of such website.

In no event shall DMTI or it's third party supplier(s) be liable to you for any damages, direct or indirect, including any lost profits, lost savings, interruption of business, loss of business opportunities or other incidental or consequential damages, arising out of your possession, use of, or inability to use the Licensed Product(s), even if DMTI, its third party supplier(s), or any authorized dealer, has been advised of the possibility of the damages, or for any claim by any other party.

You shall indemnify and hold DMTI, it's third party supplier(s) and their officers, employees and agents harmless 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 authorized or unauthorized use, possession, modification, or alteration of the Licensed Product(s).

THE LICENSED PRODUCT(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT (S) IS WITH THE YOU, THE END USER. NO ORAL OR WRITTEN ADVICE GIVEN BY DMTI OR IT'S DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES CREATES A WARRANTY OR IN ANY WAY INCREASES DMTI's LIABILITY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

This license will terminate automatically without notice from DMTI if you fail to comply with any provision of this license Agreement. Upon termination, you shall destroy or return any written materials in connection with the Licensed Product(s) and all copies made thereof including modified copies, if any.

This license shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

NavTech™ Database © 2000-2001 Navigation Technologies Corporation

The following copyright notice apply to Navtech data used in this Web site :

France Source: Géoroute® IGN France & BD Carto® IGN France.

Germany: Die Grundlagendaten wurden mit Genehmigung der zustaendigen Behoerden entnommen.

Great Britain: Based on Ordnance Survey electronic data and used with the permission of the Controller of Her Majesty's Stationary Office Ó Crown Copyright, 1995.

Italy: Controllato ai sensi della legge N.68 del 2/2/1960. Nulla osta I.G.M. alla diffusio ne N.86 del 4/3/1996, N.295 del 31/7/1996, N.123 del 14/3/1997, N.372 del 17/9/1997, N.90 del 25/3/1 998, N.228 del 23/6/1998 e N.327 del 6/10/1998.

Sweden: Based upon electronic data Ó National Land Survey Sweden. Switzerland: Topografische Grundlage: Ó Bundesamt für Landestopographie.

END-USER TERMS

This information is provided for your personal, non commercial use only. It is protected by copyright, and is further subject to the following terms and conditions which you agree to, on the one hand, and MAPORAMA INTERNATIONAL SAS ("MAPORAMA") and its licensors (including their licensors and suppliers) on the other hand.

TERMS AND CONDITIONS

Personal Use Only: You agree to use this information for solely personal, non-commercial purposes, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the Restrictions set forth in the next paragraph, you may copy this information only as necessary for your personal use to (i) view it on your screen, (ii) save a single copy on your hard drive or disk, (iii) print it, and (iv) transfer it to a portable computer device, provided that you do not remove any copyright notices that appear and do not modify the information in any way. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this information, and may not transfer or distribute it in any form, for any purpose.

Restrictions: Without limiting the foregoing, you may not use this information with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications. You also may not use this information with or in communication with any mobile or wireless-connected electronic or computer devices (except as provided in subpart (iv) of the preceding paragraph), including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.

No Warranty: This information is provided to you "as is," and you agree to use it at your own risk. MAPORAMA and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this information, or that the information or server will be uninterrupted or error-free.

Disclaimer of Warranty: MAPORAMA AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability: MAPORAMA AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF [LICENSEE] OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Disclaimer of Endorsement: Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by MAPORAMA or its licensors. Product and service information are the sole responsibility of each individual vendor. The Navigation Technologies name and logo, the NAVTECH and NAVTECH ON BOARD trademarks and logos, and other trademarks and trade names owned by Navigation Technologies Corporation may not be used in any commercial manner without the prior written consent of Navigation Technologies.

Export Control: You agree not to export from anywhere any part of the information provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

Government End Users: If the information is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, the Data is licensed with "Restricted Rights." Utilization of the Data is subject to the restrictions specified in the "Rights in Technical Data and Computer Data" clause at DFARS 252.227-7013, or the equivalent clause for non-defense agencies. Manufacturer is Navigation Technologies Corporation, 10400 West Higgins Road, Rosemont, Illinois 60018, USA.

Indemnity: You agree to indemnify, defend and hold MAPORAMA and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) 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 this information.

Entire Agreement: These terms and conditions constitute the entire agreement between MAPORAMA (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law : The above terms and conditions shall be governed by the laws of the Netherlands, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods. You agree to submit to the jurisdiction of the Netherlands for any and all disputes, claims and actions arising from or in connection with the information provided to you hereunder.

Copyright © 2001 TeleAtlas, BV

Map Images are derived from digital data and software owned and licensed by Tele Atlas BV. Copyright Tele Atlas BV, 1996. All Rights Reserved. By accessing this web site or downloading data, you agree to a non-exclusive license to use the Map Images for your own personal or internal business use, and you agree not to copy, distribute, disclose, market, or disseminate through any means the Map Images or any portion thereof to third parties. This license is terminable at any time upon notice. For further details of map license, see below.

END USER INTERNET LICENSE

IMPORTANT READ CAREFULLY BEFORE ACCESSING THIS WEB SITE By accessing this web site you accept this agreement.

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND MAPORAMA.BY ACCESSING THIS WEB SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THIS WEB SITE.

GRANT OF LICENSE : Maporama ("Provider") is an authorized sublicensor of products owned and created by Provider's licensor. Maporama grants you a non-transferable, non-exclusive license to use the map images contained on this web site (the 'Products'), solely for internal use by your business or for your own personal use, only with one central processing unit at any one time. You may not copy, reverse engineer, translate, port, modify or make derivative works of the Products. You may not rent, disclose, publish, sell assign, lease, sublicense, market, or transfer the Products or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, decompilation or any other means. You shall not use the Products to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and Provider's licensor retains all, ownership rights in the Products. The Products are copyrighted and may not be copied, even if modified or merged with other Products. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Products.

LIMITED WARRANTY AND LIABILITY: The Products are provided to you on an 'AS IS' and 'WITH ALL FAULTS' basis. You assume the entire risk of loss in using the Products. The Products are complex and may contain some nonconformities, defects or errors. Provider does not warrant that the Products will meet your needs or expectations, that operations of the Products will be error free or uninterrupted, or that all nonconformities can or will be corrected.

PROVIDER MAKES AND USER RECEIVES NO OTHER WARRANTY, WHETHER WEXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.

IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY USER (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVENTMENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR INABILITY TO USE DATA) IRRESPECTIVE OF WHETHER PROVIDER HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREAGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF PROVIDER'S LIMITED WARRANTY OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMTNT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT PROVIDER'S LIABILITY SHALL NOT EXCEED one (1) euros. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any national, federal, state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights.

MISCELLANEOUS. This is the exclusive Agreement between Provider and you regarding its subject matter. You may not assign any part of this Agreement without Provider's prior written consent. This Agreement shall be governed by French Law. You shall pay any taxes on the Products or transactions, except for those based on Provider's annual net income. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect. Any notice under this Agreement shall be delivered by certified mail, return receipt requested, or by overnight courier to Provider at the address below. Provider's licenser shall be a third party beneficiary of Provider's rights under this Agreement, but is not a party hereto and shall have no obligation hereunder.

Copyright © MapData Sciences Pty Ltd.

Copyright in the Australian Mapping Data is held by or administered by MapData Sciences Pty Ltd. Some base map detail is copyright the Public Sector Mapping Agencies (www.psma.com.au). For more information about this data set contact either MapData Sciences Pty Ltd (www.mapds.com.au) or the PSMA (www.psma.com.au).

Article 2 : Liability

Maporama shall not be responsible for indirect damages arising out of or relating to use or performance of the information on its Web Site, even if it has been informed of the possibility that such damage might occur. In particular, you agree that any financial or commercial loss, notably any loss of income, orders, customers or even of data, any commercial disturbance or action by third parties, constitute indirect damage.

Article 3 : Guarantee

Maporama doesn't give a formal or explicit guarantee concerning its Web Site. In particular, Maporama doesn't guarantee that its Web Site will not be interrupted or error free. Maporama shall use all endeavours to maintain accessibility to its Web Site seven days a week twenty-four hours a day. Maporama reserves the right to interrupt access, notably for (i) reasons of maintenance and (ii) upgrading or for any other reasons, particularly of a technical nature. Maporama undertakes however to guarantee performance of services up to 99,5 % if access to its Web Site is not interrupted for reasons mentioned above (i) and (ii).Maporama will under no circumstances be held liable for any interruptions of its Web Site or for any consequences that might result therefrom. In no case does Maporama guarantee the accuracy and completeness of the information included on its Web Site, due in particular to the diversity of sources of information as well as to the complexity of processing data. Maporama cannot be held liable in this respect.

Article 4: Private life protection

The directory file is subject to the Commission National de l'Informatique et des Libertés (CNIL) under the numbers 347418 and 353165. Master of file: Filtech- GROUP/ address 92492 Sevres Cedex. Any person proving one's identity has the right to receive data concerning her/him which are user in this Internet service as well as the rectification or the suppression (free of Charges) of any private data concerning her/him. Similary, any person providing one's identity can request the extraction of data concerning her/him. To make sure that the requests are issued from the concerned persons, they should be made by ordinary mail and directed to the master of file along an identity document copy. Requests issued by legal entities should be morever accompanied with a proof of the representation power of the individual expressing them. You can similary apply your rights of access, rectification or deletion sending an e-mail to dir-commerciale@groupadress.com. The file master commits himself to make the requested modifications or suppressions. This information contained in this Internet service cannot in any case be rented, sold, transfered or made available to another person either free of charge or for payment in any form.

Article 5 : Governing law

Conditions of use shall be governed by French law; any dispute relating to interpretation of the conditions of use shall be submitted to the commercial court of Paris. By formal agreement between you and Maporama, this clause on choose of jurisdiction shall apply even in the event of introduction of third parties and for measures of conservation, either in emergency interim proceedings or by petition.

Article 6 : Miscellaneous

If any one of the stipulations of the conditions of use is null and void, it shall be considered unwritten, but shall not entail nullity of the condition of use in theirs entirely.