END USER LICENSE AGREEMENT

End User must agree to the following terms in this End User License Agreement (EULA) before gaining access to Street Locus Product/Services

For the purposes of this agreement, “Results” shall mean static electronic map images, including, but not limited to, jpeg, gif, tif, pdf, bit-mapped or raster images derived from the Licensed Products (“Photo and Map Images”) and any geocoded points of interest displayed as icons on the Photos or Map Images.

A. RESTRICTIONS:
1. License is for End User’s internal business or personal use only and not for transfer, distribution, or disclosure to third parties or use for the benefit of third parties.

B. PROHIBITIONS:
1. Deriving or attempting to derive the structure of the Street Locus product/service or Results.
2. Use, duplication (except for a backup/archival copy), reproduction, disclosure, publication, distribution or transfer of the Street Locus product/service other than as expressly allowed.
3. Use of the Results with any GIS or mapping software other than as provided to User by Licensee.
4. The removal or obscuring of any copyright notice on any Photo, Map Image or any Results.
5. Creation of any commercial product or service with the Street Locus product/service or the Results.
6. Use of the Licensed Products to provide competitive information about Street Locus, TANA or the Licensed Products to third - parties.
7. Creation of a derivative product with the Licensed Products that competes with the Licensed Products.

C. ADDITIONAL PROVISIONS:
1. TANA is a third party beneficiary of Licensee’s rights under the EULA, but is not a party thereto and shall have no obligations thereunder.
2. Tele Atlas North America, Inc. licenses the underlying TANA spatial map data. End User does not receive any title or ownership rights in the map data.
3. To the extent permitted by applicable law, TANA shall have no liability for any damages, or loss of any kind, whether special, direct, indirect, incidental, or consequential, arising from the use of its Product (“Map Image’s).
4. All warranties of TANA whether express or implied, including but not limited to, the implied warranties of non-infringement, merchantability, completeness, accuracy, and fitness for a particular purpose are expressly disclaimed.
5. End User acknowledges that the Licensed Products as contained in the Street Locus Product/Service or the Results include confidential and proprietary information and materials and may include trade secrets, and that End User agrees to hold such Licensed Products as contained in the Street Locus Product/Service or the Results in confidence and in trust.
6. End User complies with all applicable export laws and regulations of the United States.
7. U.S. GOVERNMENT RIGHTS. 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 FAR 12.212 and DFARS 227.7202, and by a license agreement. Contractor/manufacturers are:
MediRate Inc, 16 Ashmont Street, Boston, MA 02124, (617) 929-3560. The Licensed Products are ?2002-2004 by MediRate Inc. Street Locus?
Tele Atlas North America, Inc., 1605 Adams Drive, Menlo Park, CA 94025, (650) 328-3825. The Licensed Products are ©1984-2004 by Tele Atlas N.V. and Tele Atlas North America, Inc.
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.
8. 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. 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.