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from owners manual to the vehicle BMW X5 X6 E71 E72, year of production 2008 - 2014:
ba8_e70ag.book Seite 154 Freitag, 5. Juni 2009 11:42 11
the following additional terms and conditions damages (including, without limitation, lost rev-
apply: enues, anticipated revenues, or profits relating
An End-User shall no longer have the right to to the same) arising from any claim relating
use the Traffic Data in the event that the End-directly or indirectly to use of the traffic data,
User is in material breach of the terms and con-and even if Total Traffic Network, Inrix, Inc. or
ditions contained herein. BMW NA is aware of the possibility of such
A. Total Traffic Network, a division of Clear damages. These limitations apply to all claims,
Channel Broadcasting, Inc. ("Total Traffic Net-including, without limitation, claims in contract
work") holds the rights to the traffic incident and tort (such as negligence, product liability
data and RDS-TMC network through which it is and strict liability). Some states do not allow the
delivered. You may not modify, copy, scan or exclusion or limitation of incidental or conse-
use any other method to reproduce, duplicate, quential damages, so those particular limita-
republish, transmit or distribute in any way any tions may not apply to you.
portion of traffic incident data. You agree to Activating/deactivating reception
indemnify, defend and hold harmless BMW of
North America, LLC. ("BMW NA") and Total 1."Navigation"
Destination guidanceTraffic Network, Inrix, Inc. (and their affiliates) 2.Open "Options".
against any and all claims, damages, costs or 3.Activate/deactivate "Receive Traffic Info".
other expenses that arise directly or indirectly In many metropolitan areas you can receive
out of (a) your unauthorized use of the traffic traffic information broadcast by radio stations.
incident data or the RDS-TMC network, (b) your The traffic conditions are monitored by traffic
violation of this directive and/or (c) any unautho-control centers and the traffic information is
rized or unlawful activities by you in connection updated periodically.
herewith. During destination guidance, the traffic bulle-
B. Total Traffic Network traffic data is informa-tins relevant to your planned route are automat-
tional only. User assumes all risk of use. Total ically shown. Whether destination guidance is
Traffic Network, BMW NA, and their suppliers active or not, you can have the traffic informa-
make no representationsabout content, traffic tion displayed in the map view or in the traffic
and road conditions, route usability, or speed.info list.
C. The licensed material is provided to license
"as is," and "where is." Total Traffic Network, Traffic bulletins in a list
including, but not limited to, any and all third A list of the traffic bulletins can be opened via
party providers of any of the licensed material, the menu or map display.
expressly disclaims, to the fullest extent permit-
ted by law, all warranties or representations Opening traffic bulletins
with respect to the licen sed material (including, 1."Navigation"
without limitation, that the licensed material will
be error-free, will operate without interruption 2."Map"
or that the traffic data will be accurate), express, 3.Move the controller to the left.
implied or statutory, including, without limita-4.Select the symbol.
tion, the implied warranties of merchantability, 5."Traffic Info"
non-infringement fitness for a particular pur-First, the traffic bulletins on the planned
pose, or those arising from a course of dealing route are displayed. The traffic bulletins are
or usage of trade. sorted in the order of their distance from the
D. Neither Total Traffic Network, Inrix, Inc. nor current vehicle position.
BMW NA will be liable to you for any indirect, 6.Select a traffic bulletin.
special, consequential, exemplary, or incidental
154
Online Edition for Part no. 01 41 2 602 756 - © 06/09 BMW AG
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