Toll Text International Limited/5text Additional Terms of Service

Last Modified: March 28, 2014

By downloading, installing, or using the Toll Text International Limited/5textsoftware, accessing or using the 5textservice (together, the "Products" or "Services"), or accessing or using any of the content available within the Products, you agree to be bound by the following:
(1) the 5text Terms of Service (the "Universal Terms");
(2) the terms found on our Legal Notices page (the "Legal Notices");
(3) the additional terms and conditions set forth below (the "Additional Terms").

Before you continue, you should read each of these three documents, as together they form a binding agreement between you and 5text regarding your use of the Products.
Collectively, the Universal Terms, the Legal Notices, and the Additional Terms are referred to as the "Terms".
As a condition of downloading, accessing, or using the Products, you also agree to the terms of the 5text Privacy Policy.


1. Use of the Products.

5text grants you a non-exclusive, non-transferable license to access the 5textservice, to download and use the Toll Text International Limited/5textsoftware and service, and to access the Content (as defined below) within the Products and according to the Terms.

2. Restrictions on Use.

Unless you have received prior written authorization from 5text (or, as applicable, from the provider of particular Content), you must not: (a) copy, translate, modify, or make derivative works of the Content or any part thereof; (b) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties; (c) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law; (d) use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data; (e) delete, obscure, or in any manner alter any warning or link that appears in the Products or the Content; or (f) use the Service or Content with any products, systems, or applications for or in connection with (i) real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle behaviours; (g) use the Products to create a database of places or other local listings information.

3. Appropriate Conduct;

Compliance with Law and 5text Policies. You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are proper and in accordance with the Terms and any applicable policies or guidelines 5text may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content; (c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content; (d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements; (e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines; (f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner; (g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material; (h) restrict or inhibit any other user from using and enjoying the Products or 5text services; (i) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the 5text services or Content, or collect information about users for any unauthorized purpose; (j) submit content that falsely expresses or implies that such content is sponsored or endorsed by 5text; (k) create user accounts by automated means or under false or fraudulent pretences; (l) promote or provide instructional information about illegal activities; (m) promote physical harm or injury against any group or individual; or (n) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

4. Content in the Products.

5textand Toll Text International Limited/5textallow you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, reviews, traffic, and other related information provided by 5text, its licensors, and its users (the "Content"). Additionally, you may choose to access other third party content made available in the Products through 5text services such as 5text Gadgets. You understand and agree to the following: (a) Map data, traffic, directions, and related Content are provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results. You should exercise judgment in your use of this Content. (b) Certain Content is provided under license from third parties, including but not limited to TomTom Global Content BV ("TomTom"), and is subject to copyright and other intellectual property rights owned by or licensed to TomTom and/or such third parties. You may be held liable for any unauthorised copying or disclosure of this Content. Your use of TomTom Content, including but not limited to printing or use in marketing or promotional materials, is subject to additional restrictions located in the Legal Notices page.

5. Additional Terms for 5text Earth.

The Toll Text International Limited/5textsoftware is subject to EU and United States export controls. By using the Toll Text International Limited/5textsoftware, you agree to use the software only for purposes that are legal, proper and in accordance with these Terms. Specifically, you agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control in addition to all EU controls of a similar type and nature.

6. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.

(a) 5TEXT AND ITS LICENSORS (INCLUDING BUT NOT LIMITED TO TOMTOM AND ITS SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS. (b) SUBJECT TO THE “OUR WARRANTIES AND DISCLAIMERS” SECTION OF THE 5TEXT UNIVERSAL TERMS, 5TEXT AND ITS LICENSORS (INCLUDING BUT NOT LIMITED TO TOMTOM AND ITS SUPPLIERS) DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE PRODUCTS.

7. U.S. Government Restricted Rights.

If the Products are being used or accessed by or on behalf of the United States government, such use is subject to additional terms located in the "Government End Users" section of approved permission in writing in respect of each territory and in particular in addition to all EU controls of a similar type and nature

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