Microsoft MapPoint/Virtual Earth Web Service Terms of Use and End-User Privacy Statement

AGREEMENT BETWEEN YOU AND MICROSOFT CORPORATION

IMPORTANT - READ CAREFULLY BEFORE USING THIS WEB SITE OR APPLICATION. BY USING THIS WEB SITE OR APPLICATION, YOU AGREE WITH THESE TERMS OF USE

The Microsoft MapPoint Web Service consists of mapping and related services provided by Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052 or its affiliates ("Microsoft"). These Terms of Use apply to the MapPoint Web Service and do not apply to the content of third parties offering services using the MapPoint Web Service. The MapPoint Web Service is offered to you conditioned on your acceptance without modification of the Terms of Use. Your use of the MapPoint Web Service constitutes your agreement to all provisions of these Terms of Use

MODIFICATION OF THESE TERMS OF USE

Microsoft reserves the right to change the Terms of Use under which the MapPoint Web Service is offered, including the right to add new terms. You are responsible for regularly reviewing the terms, conditions and notices of these Terms of Use, and any modified or additional terms, conditions or notices that may be included on or with any content available on the MapPoint Web Service. Your continued use of the MapPoint Web Service constitutes your agreement to all such terms, conditions and notices.

SCOPE OF PERMITTED USE

MapPoint Web Service is for your individual use, solely for internal use by you for your business, or for your own personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from the MapPoint Web Service without the prior written consent from Microsoft.

You may not disassemble, decompile or otherwise reverse engineer all or any portion of the MapPoint Web Service or the Content. You acknowledge that the MapPoint Web Service, including the Content, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export the MapPoint Web Service, including the Content, directly or indirectly, to any countries that are subject to U.S. export restrictions.

LINKS TO THIRD PARTY SITES

MapPoint Web Service may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Microsoft is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Microsoft responsible if the Linked Site is not working appropriately. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the MapPoint Web Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Microsoft shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your permitted use of the MapPoint Web Service, you will not use the MapPoint Web Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the MapPoint Web Service in any manner that could damage, disable, overburden, or impair the MapPoint Web Service (or the network(s) connected to the MapPoint Web Service) or interfere with any other party's use and enjoyment of the MapPoint Web Service. You may not attempt to gain unauthorized access to the MapPoint Web Service, other accounts, computer systems or networks connected to the MapPoint Web Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MapPoint Web Service by Microsoft.

LIABILITY DISCLAIMER

THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MAPPOINT WEB SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO MAPPOINT WEB SERVICE AND TO THE INFORMATION THEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN MAPPOINT WEB SERVICE AT ANY TIME, WITHOUT NOTICE. THE USER ASSUMES ALL RISK OF USE.

MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN MAPPOINT WEB SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT MICROSOFT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH MAPPOINT WEB SERVICE. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN MAPPOINT WEB SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MAPPOINT WEB SERVICE, WITH THE DELAY OR INABILITY TO USE MAPPOINT WEB SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MAPPOINT WEB SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF MAPPOINT WEB SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GENERAL

Proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES

All contents that is made available or generated to view and/or download in connection with the MapPoint Web Service, including, without limitation, maps and directions ("Content") is owned by and is: Copyright (c) 1996 - 2004 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. and is protected by copyright laws and international treaty provisions. All rights reserved. Reproduction of any MapPoint.NET content is strictly prohibited. Permission to use the MapPoint Web Service content and related graphics and other material is subject to these Terms of Use.

TRADEMARKS

Microsoft, the MapPoint Web Service, MapPoint, Visual Studio, Visual Basic, Visual C# and/or other Microsoft products and services referenced herein may be either trademarks or registered trademarks of Microsoft. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted in the MapPoint Web Service are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

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Service Credits

Service Credits₁

© 1993-2003 NAVTEQ All rights reserved. Based upon Ordnance Survey electronic data and used with the permission of the Controller of Her Majesty's Stationery Office ©Crown Copyright, 1995. Controllato ai sensi della legge N.68 del 2/2/1960. Nulla-osta I.G.M. alla diffusione N.173 del 26/4/2000,La Banca Dati Italiana é stata prodatta usando quale riferimento anche cartographia numerica ed al tratto prodotta e fornita dalla Regione Toscana. Topografische Grundlage: ©Bundesamt für Landestopographie. Información geográphica propiedad del CNIG. Source: Géoroute® IGN France & BD Carto® IGN France. Die Grundlagendaten wurden mit Genehmigung der zuständigen Behörden entnommen.

1 Credits for all release versions currently in use. Specific release versions may vary.

University directory data provided courtesy of Princeton Review Publishing.

County High Points by Andy Martin (cohp@iname.com).

Advisory Committee on Antarctic Names, United States Board on Geographic Names.

Instituto Brasileiro de Geografia e Estatística.

Scripps Institute of Oceanography.

World Data Center.

Hermann F. Koerbel, Arctic and Antarctic Advice Agency Austria; URL: http://members.eunet.at/castaway.

Dr. Geoffrey Dutton, who first described the Quaternary Triangular Mesh (QTM) reference system used in Encarta Interactive World Atlas in his paper, "Locational Properties of Quaternary Triangular Meshes," in the Proceedings of the Fourth International Conference on Spatial Data Handling, Zurich, July 1990.

Geographical Institute, Scientific Research Centre of the Slovene Academy of Sciences and Arts.

National Center for Geographic Information and Analysis.

Instituto Nacional de Estadística, Geografía e Informática.

Canadian Hydrographic Service.

National Oceanic and Atmospheric Administration.

Other cartographic data sources include: the National Imagery and Mapping Agency, the United States National Imagery and Mapping Agency Digital Chart of the World, United States Geological Survey, United States Board on Geographic Names, National Transportation Atlas Database, Bureau of Transportation Statistics, World Conservation Monitoring Center, CIA World Data Base II, United States National Parks Service, United States Census Bureau, and the National Oceanic and Atmospheric Administration.

Road construction information provided by RouteDirect Technologies Inc.

End-User Privacy Statement

This document was last updated June 30, 2005.

At Microsoft, we are committed to helping to protect your privacy. This privacy statement explains data collection and use practices of the MapPoint Web Service; it does not apply to other online or offline Microsoft sites, products, or services. By using an application that accesses the MapPoint Web Service, you consent to the data practices described in this statement.

The MapPoint Web Service is a set of mapping and related services that is accessed through an application such as a Web site, desktop software, or mobile application. When you submit information, such as an address to be viewed on a map, you are providing that information to the application, which in turn passes it to the MapPoint Web Service for processing. We strongly encourage you to review the privacy policies of the application before you submit any personal information to the application.

Collection of your Personal Information

MapPoint may collect information about your computer hardware and software. This information may include your computer's IP address and access times. This information is used by us for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the MapPoint Web Service.

MapPoint keeps track of all requests the application you are using makes to the MapPoint Web Service. Location-related information in the request or derived from the request, such as latitude and longitude, is used for calculating payments to our data vendors so that we may operate the service. The MapPoint Web Service occasionally collects all information in the request for use in testing and maintenance of the service. This information includes the date and time of the request and location-related information you may have provided to the application such as latitude and longitude, address, place name, or the start and end address of a route.

Use of your Personal Information

Microsoft uses the personal information described above to operate the MapPoint Web Service and to deliver the services you have requested or authorized.

Microsoft may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Microsoft or the site; (b) protect and defend the rights or property of Microsoft, including its MapPoint family of Web sites and services; or (c) act under emergency circumstances to protect the personal safety of users of Microsoft, its Web sites and services, or the public.

Except as otherwise described in this statement, any personal information you provide to MapPoint will not be shared outside of Microsoft and its controlled subsidiaries and affiliates without your permission.

Personal information collected by the MapPoint Web Service may be stored and processed in the United States or any other country in which Microsoft or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. Microsoft abides by the Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Security of your Personal Information

MapPoint is committed to helping protect the security of your personal information. MapPoint uses a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, any personal information you provide is stored on password-controlled computer systems with limited access, which are located in controlled facilities.

Changes to this Statement

Microsoft may occasionally update this privacy statement. When we do, we will also revise the "last updated" date at the top of the privacy statement. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.

Contact Information

Microsoft welcomes your comments regarding this privacy statement. If you believe that Microsoft has not adhered to this Statement, please contact us by e-mail or postal mail, and we will use commercially reasonable efforts to promptly determine and remedy the problem.

The MapPoint Web Service Privacy

Microsoft Corporation

One Microsoft Way

Redmond, Washington 98052

425-882-8080

Please click here to send privacy feedback. To find contact details for the Microsoft subsidiary or affiliate in your country or region, see http://www.microsoft.com/worldwide. ©2004 Microsoft Corporation. All rights reserved.