Copyright © 2023 Dynamic Map Platform North America, Inc.
All Rights Reserved.
It is strictly prohibited to reproduce and/or transfer all or part of Dynamic Map Platform North America’s materials in any form and in any manner, without the prior written consent of DMP NA Inc.
“Dynamic Map Platform North America,” the DMP logo, “DMP NA” and www.dmp-maps.com are the intellectual property of Dynamic Map Platform North America and it reserves all rights in these marks.
NOTICE: Effective February 1, 2023, Ushr Inc. changed its name to Dynamic Map Platform North America (“DMP NA”). Henceforth, any references to “Ushr Inc.” or “Ushr” contained herein shall be construed to mean DMP NA. All instances of the word “Ushr”, whether as a part of a defined term or standing alone, are hereby replaced with the term “DMP NA”. For example and without limitation, the term “Ushr Materials” is now “DMP NA Materials” and so forth. No other terms or conditions of this EULA are affected by the name change.
For Nissan ProPilot Assist 2.0 owners:
End User Sub-License Agreement (EULA)
This vehicle contains data, software, Intellectual Property or a portion thereof, and Confidential Information or a portion thereof that is incorporated into the driver assistance systems of this vehicle and which is subject to a license with Ushr Inc. (the “Ushr Materials”). The following terms and conditions apply to use of Ushr Material Incorporated in any way into your vehicle. If you do not agree to this End User Sub-License Agreement (“license”), do not use the Ushr Materials. Any use of the Ushr Materials or systems incorporating them constitute your agreement to this license.
GRANT OF END USER SUB-LICENSE. THIS LICENSE APPLIES TO USHR MATERIALS INITIALLY INSTALLED IN THE VEHICLE, UPDATES, UPGRADES, AND SUPPLEMENTS, IF ANY, AND USHR INC. RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO DISCONTINUE, UPDATE, MODIFY, UPGRADE AND SUPPLEMENT THE USHR MATERIALS AND TO MODIFY THESE TERMS. ALL OTHER RIGHTS NOT SPECIFICALLY GRANTED UNDER THIS PARAGRAPH ARE RESERVED BY USHR INC. THIS IS A LICENSE TO USE. THE USHR MATERIALS ARE PROVIDED TO YOU BY THE VEHICLE MANUFACTURER ON A NON-EXCLUSIVE BASIS AND YOU MAY ONLY USE THE USHR MATERIALS FOR YOUR PERSONAL USE IN CONNECTION WITH, AND NOT SEPARATE FROM, THE VEHICLE IN WHICH THEY ARE INSTALLED. THIS LICENSE IS NOT TRANSFERABLE. IF THE USHR MATERIALS INCLUDE SOFTWARE, YOU ARE NOT ENTITLED TO USE THE SOURCE CODE.
DISCLAIMER OF WARRANTIES AND REPRESENTATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USHR MATERIALS ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. USHR INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. USHR INC. DOES NOT WARRANT THAT THE USHR MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE USHR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE USHR MATERIALS WILL BE CORRECTED. USHR INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE USHR MATERIALS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE VEHICLE MANUFACTURER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES PROVIDED IN THIS SECTION. If applicable law affords you implied warranties, guarantees or conditions despite these exclusions, those warranties will be limited to one year.
DISCLAIMER OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, USHR INC. SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS END USER LICENSE OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS. TO THE EXTENT USHR INC. AND THE VEHICLE MANUFACTURER ARE NOT PERMITTED UNDER APPLICABLE LAW TO EXCLUDE ITS LIABILITY PURSUANT TO THIS PARAGRAPH, THE TOTAL AGGREGATE LIABILITY TO YOU, IF ANY, BY USHR INC. SHALL NOT EXCEED THE AMOUNT OF USD $100.00.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS. Ushr Inc. reserves all of its rights in its Intellectual Property. Intellectual Property means (i) trademarks and pending trademark applications, trade dress, service marks and pending service mark applications, certification marks, logos, domain names, uniform resource locators, trade names and fictional business names, together with all translations, adaptations, derivations and combinations and like intellectual property rights, together with all goodwill associated with the foregoing; (ii) issued patents and pending patent applications, and any and all divisions, continuations, continuations-in-part, reissues, renewals, provisionals, continuing patent applications, reexaminations, and extensions thereof, any counterparts claiming priority therefrom, utility models, patents of importation/confirmation, certificates of invention, certificates of registration and like rights, inventions, invention disclosures, discoveries and improvements, whether or not patentable, (iii) works of authorship, all copyrightable works (including software, software tools, code sequences), and all copyrights including all applications, registrations and renewals thereof, and all rights corresponding thereto, (d) proprietary formulations, methods, concepts, techniques, know-how, confidential or proprietary business information (including all formulas, ideas, compositions, inventions, processes and techniques, drawings and designs, technical data, program organization, procedures, work approaches, customer and supplier data, pricing and cost information, and display features and characteristics and data base structuring techniques of general applicability), trade secrets, and other technical information and technology, and rights to limit the use or disclosure thereof by any person or entity, (iv) mask works, (v) moral rights, (vi) all enhancements, improvements or modifications to any of the foregoing, in all media whether now known or hereafter devised, and (vii) copies and tangible embodiments of any of the foregoing in whatever form or medium.
RESERVATION OF CONFIDENTIAL INFORMATION RIGHTS. Ushr Inc. reserves all of its rights in its Confidential Information. Confidential Information means all information or material which (i) gives Ushr some competitive business advantage or the opportunity of obtaining such advantage or the disclosure of which could be detrimental to its interests; or (ii) which is either (a) marked “Confidential,” “Restricted,” “Private”, “Trade Secret” or “Proprietary Information” or other similar marking, (b) known by you to be considered by Ushr Inc. as confidential or (c) from all the relevant circumstances should reasonably be understood to be confidential and proprietary. Ushr Inc.’s Confidential Information includes, but is not limited to, the material subject to the license agreement with the vehicle manufacturer, Ushr Inc.’s Intellectual Property, and any trade secrets related to them as well as computer programs, source code, object code, technologies, products, know-how, product specifications, designs, prototypes, test data, vendor lists and information, customer lists and information, research and development and specifications, and related documentation. Confidential Information will not include any information or material, or any element thereof, to the extent any such information or material, or any element thereof: (A) has previously become or is generally known; (B) was already rightfully known to you prior to being disclosed by or obtained from Ushr Inc. as evidenced by written records kept in the ordinary course of business of or by proof of actual use by you; (C) has been or is hereafter rightfully received by you from a third person (other than Ushr Inc. or the vehicle manufacturer) without restriction or disclosure and without breach of a duty of confidentiality to Ushr Inc.; or (D) has been independently developed by you without access to Ushr Inc.’s Confidential Information. It will be presumed that any Confidential Information in your possession is not within exceptions (B), (C) or (D) above, and the burden will be upon you to prove otherwise by records and documentation.
PROHIBITIONS AS TO INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION. It is strictly prohibited to reverse engineer, decompile, disassemble, attempt to discover, translate, extract, derive, reproduce, transfer, use in any way apart from the vehicle and/or use in any manner other than the intended use within the vehicle of all or part of the Ushr Materials, including without limitation Ushr’s Intellectual Property and Confidential Information, in any form and in any manner, without the prior written consent of Ushr Inc. It is also strictly prohibited from attempting to do these acts or to assist others in doing them. You may not distribute, copy, make modifications or create derivative works based on the Ushr Materials. You may not lease, rent out, lend, or otherwise permit unauthorized access by third parties to the Ushr Materials.
CLASS ACTION WAIVER. In exchange for use of the Ushr Materials under terms of this license, you and Ushr Inc. mutually, knowingly, voluntarily, and intentionally agree not to (a) bring any claim, against the other party on a collective basis or as a class plaintiff, class claimant, or class representative; (b) join any action in any court, administrative body or arbitration as a class member or collective party; (c) participate as an adverse party in any way in any collective action or class action lawsuit, proceeding or arbitration against the other party; or (d) join or consolidate in the arbitration with claims or claims brought by or against any other person or entity unless otherwise agreed to in writing by all parties.
ARBITRATION AGREEMENT; TIMING; VENUE; JURY TRIAL WAIVER; AND MICHIGAN CHOICE OF LAW. This arbitration provision is governed by the United States Federal Arbitration Act. At Ushr Inc.’s option, exercised by written notice any time before or within 30 days following the service of process in a legal action, any dispute regarding the license will be resolved by binding arbitration, conducted in the English language using a single arbitrator. The arbitration will be conducted under the commercial arbitration rules of the American Arbitration Association (“AAA”) and under Rules 26 through 37 of the U.S. Federal Rules of Civil Procedure. The arbitration will be conducted in metropolitan Detroit, Michigan, USA. The arbitrator will be selected by the parties but if they cannot agree, then the arbitrator shall be selected from an AAA list using the AAA-recommended selection method, but the parties are not required to use AAA to administer the arbitration. The arbitrator will issue written findings of fact and conclusions of law. Each party will bear equally the costs and expenses of the arbitrator and any arbitration administration agency in the event they agree to use one, and each party will bear its own costs and expenses – provided, however, that the failure by one party to pay its share of arbitration fees constitutes a waiver of such party’s claim or defense in the arbitration, and that the arbitrator may award attorneys’ fees and costs to the substantially prevailing party. All arbitration proceedings shall be confidential, except to the extent that disclosure is necessary to enforce an arbitration award in a court of competent jurisdiction. The award of the arbitrator will be enforceable in any court of competent jurisdiction, provided that either party may appeal to the appropriate court for correction of any clear error of fact or law by the arbitrator. In all other cases, including any request for equitable or injunctive relief, the parties agree and consent to the exclusive jurisdiction of the Circuit Court for Wayne County, Michigan or the U.S. District Court for the Eastern District of Michigan, as applicable, provided that Ushr may elect to bring an action against you in any court having jurisdiction over you. USHR INC. AND YOU ACKNOWLEDGE THAT THE RIGHT TO A JURY TRIAL IS A CONSTITUTIONAL ONE, BUT THAT IT MAY BE WAIVED. USHR INC. AND YOU, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO HAVE A JURY TRIAL ON THE CLAIM(S) SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION. To the extent permitted by law any claim or dispute under this license must be filed by you within one year of the date the dispute arises and if not filed within one year any such claim is permanently barred. The validity, construction and performance of this Agreement and the legal relations among the parties to this Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, excluding that body of law applicable to choice of law.
SEVERABILITY. If any provision of this End User License or the application of any such provision shall be held by an arbitrator or Court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall continue in full force and effect.