Hema 4WD Map Collection

End User License Agreement

The following is the License Agreement for the Hema 4WD Map Collection. Please read this agreement carefully before proceeding. The Hema 4WD Map Collection (“the Hema 4WD Map Collection”) is licensed, not sold, to You for use only under the terms of this license.  It contains warranty and liability disclaimers which you should read.

1. Scope of License granted

1.1 Subject to the usage rules and restrictions in clauses 2 and 3, we grant you a non-exclusive, non-transferable license to:

a) Use the Hema 4WD Map Collection on a device that You own or control for Your own fair and reasonable personal or business use;

b) Backup the Hema 4WD Map Collection and Your Data from any device that you own, to any personal computer that you use, to keep for your use. You must not give the backup or copy to anyone else and any such backup or copy is governed by the terms and conditions of this License Agreement.

2.         Usage Rules

2.1             Always be prepared, drive carefully and travel responsibly. Location data and road conditions are constantly changing, and the Hema 4WD Map Collection may contain errors, omissions or inaccuracies.  Location data or navigational information is provided as a general guide only and is not intended to be relied upon as a sole means of navigation or in situations where precise location information is needed, or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage.  You must make your own enquiries in relation to conditions and the availability of fuel, drinking water, supplies and services. Depiction of a road or track in the Hema 4WD Map Collection is not an assurance of safety or manner of passage or public right of way and information contained in the Hema 4WD Map Collection does not replace traffic signs, lights, road markings, speed limits and other road rules.

2.2 You must take care of your own personal safety, and (if applicable) obey the road rules, at all times. Do not operate the Hema 4WD Map Collection while driving.  Do not use or operate any mode of transport or attempt any journey while under the influence of alcohol or other substances.

2.3 You acknowledge that the Content within the Hema 4WD Map Collection is for planning purposes only and you should make your own enquiries or exercise your own judgment in relation to weather conditions, construction, road closures or other events that may impact on the journey you are undertaking.

2.4 You acknowledge that some content within the Hema 4WD Map Collection is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content in any way whatsoever except for permitted use under these terms and conditions. You also acknowledge that some content may be provided under License from third party providers and this content is subject to the same intellectual property laws.

2.5 The Hema 4WD Map Collection may enable access to Hema Maps and other third party services. If these are provided, they are done so solely as a convenience to you and may be withdrawn at any time. Access to these services may require internet access, which you will need to arrange and pay for. Internet services may not be available at your location or may be very expensive. Because of the nature of the internet, it is possible that these sites may contain computer viruses or material which you may find offensive. Hema Maps does not warrant or endorse, and disclaims liability to You or any other person, for any third-party services, third-party materials or web sites.

3. Services Provided by Hema Maps

3.1 Hema Maps reserves the right to outsource the provision of services to third-parties where it is necessary.

3.2 You agree that the form and nature of the Hema 4WD Map Collection may change from time to time without prior notice being given to You.

3.3 Hema Maps reserves the right to change, suspend, remove or disable access to any of the services contained in Hema 4WD Map Collection at any time without written notice.

4. License restrictions

4.1 This license does not permit you, and you agree that you will not (except where we give our express written consent or you are expressly permitted by law) to:

a) commercialise, or attempt to commercialise, or derive any monetary reward or commercial benefit from the use or sale of the Hema 4WD Map Collection (or any Data you have stored) or any part of it (including but not limited to any location data or other geographical information contained in, or copied or obtained from, the Hema 4WD Map Collection whether modified or not).

b) use the Hema 4WD Map Collection on any device other than a device that is owned or controlled by you. You will not distribute or make the Hema 4WD Map Collection available over a network where it could be used by multiple devices at the same time;

c) digitise or edit the Hema 4WD Map Collection or take a digital or analogue image, photograph or screenshot of the Hema 4WD Map Collection, other than for the purpose of seeking technical support from OziExplorer;

d) remove, obscure or interfere with any copyright notice, trademark, warning or disclaimer contained in the Hema 4WD Map Collection;

e) transfer, give, assign, rent, lease, sell, charge, exchange, adapt, decompile, disassemble, create a derivative product or otherwise deal with the Hema 4WD Map Collection other than in the normal course of use, and subject to this to this Agreement.

f) reproduce in any way, copy or extract the Hema 4WD Map Collection and give, sell, rent, market or distribute it to anyone else;

g) copy the Hema 4WD Map Collection or any data stored onto another storage device other than as expressly permitted by clause 1.1(b);

h) without limiting any of the paragraphs (e) to (g) above, copy, or attempt to copy, the location data, names, places, symbols, road markings, layout or other geographical information contained in the Hema 4WD Map Collection, or use such information or data as a reference to make any other product, or otherwise extract, reverse engineer, decompile, modify, dissemble, attempt to derive the source code of, modify, or create or attempt to create a new or derivative works of or from the Hema 4WD Map Collection;

i) use the Hema 4WD Map Collection in a manner contrary to any agreement You have with any third party;

j) sublicense or assign your rights under this license to anyone.

4.2 You acknowledge that the Hema 4WD Map Collection and its contents (including any data you have stored) contain valuable intellectual property. We may impose further restrictions on your use of the Hema 4WD Map Collection or the Data at any time, as we deem to be reasonably necessary to protect our intellectual property rights, by the giving of written notice to you.

4.3 The Hema 4WD Map Collection is protected by copyright law and international treaties.  Unauthorised reproduction or distribution of this Data, or any portion of it, may result in severe criminal and civil penalties and will be prosecuted to the maximum extent possible under law.

5. Ownership

5.1 Hema Maps expressly reserves all copyright and any other intellectual property rights to the Hema 4WD Map Collection and the Hema Explorer Cloud and only grants You a License to use the Hema 4WD Map Collection as provided in this Agreement.

5.2 Other than as specified herein, You agree that Hema Maps owns the intellectual property rights to the Data, whether in its original form or as modified, printed and/or copied by you. 

5.3 D&L Software Pty Ltd (ACN 096 504 951) is the developer of the OziExplorer Map Viewing Software and is the owner of the intellectual property rights therein, which are used in the Hema 4WD Map Collection under License.

5.4 Commonwealth of Australia, Geoscience Australia is the publisher of the base data used under license in the Australia 150K topo map and Australia 1M map and is the owner of the intellectual property rights within, which are used in the product under license.

5.5 Hema Maps owns the intellectual property rights of and to the additional content contained in the Australia 150K topo map and Australia 1M map whether in its original form or as modified, printed and/or copied by You.

5.6 You acknowledge that Hema is the sole owner and user of the name or words Hema, Hema Maps, Hema Navigator, Hema GPS, Hema 4WD Explorer, Hema Navigator Explorer, Hema Explorer, “Hema Maps will get you there”, and “Prepared to Explore.” the Hema corporate logo and the Hema “H” icon and You must not use our names or trademarks without our express written permission.

6. Limited warranties

Save to the extent prohibited by law:

a) while the Hema 4WD Map Collection has been produced and supplied in good faith, Hema Maps makes no warranty or representation about the availability, accuracy, completeness, reliability or currency of the Hema 4WD Map Collection or the location data contained therein;

b) the Hema 4WD Map Collection and the Data is provided "as is" and “as available”, with all faults and without warranty of any kind. Hema Maps disclaims all other warranties, either express or implied, including warranties of merchantability, fitness for purpose or for a particular purpose and non-infringement of third party rights unless such warranties cannot be excluded by law. Hema Maps does not warrant against interference with Your enjoyment of the Hema 4WD Map Collection, that the Hema 4WD Map Collection will meet your requirements or that the operations of the Hema 4WD Map Collection itself or in conjunction with other products will be uninterrupted or error free.

c) you expressly acknowledge and agree that use of Hema 4WD Map Collection is at your sole risk and that the entire risk as to suitability, satisfactory quality, reliability, performance, accuracy and effort is with you;

d) although a third party may provide technical support, Hema Maps does not warrant that technical support will be provided for the Hema 4WD Map Collection;

e) no oral or written information or advice given by Hema Maps, agents or employees shall create nor extend existing warranties. You must not rely on any such information or advice unless in writing and signed by an authorised representative of Hema Maps.

7. Limitation of liability

7.1 The Hema 4WD Map Collection displays, includes or makes available content, data, information, applications collected by or supplied by third parties, which may contain errors, omissions, inaccuracies or faults. By using the Hema 4WD Map Collection, you acknowledge and agree that Hema Maps is not responsible for examining or evaluating the content, quality, currency, accuracy, completeness, legality, or any other aspect of such third party data.

7.2 You use and rely on the Hema 4WD Map Collection entirely at your own risk and should not solely rely on the results or information obtained from the Hema 4WD Map Collection for any purpose, including navigation.

7.3 To the extent not prohibited by law, the liability of Hema Maps for any breach of an express, statutory or implied warranty shall be limited, at its option, to the cost of replacement of the Hema 4WD Map Collection or a refund of the price paid by You.

7.4 To the extent not prohibited by law, Hema Maps shall not be liable for any loss or damage to person or property, or any incidental, special, indirect or consequential damages whatsoever, including without limitation, loss of income, loss of revenue, trade, business, information or profits or any other loss arising from the installation or use of the Hema 4WD Map Collection or reliance upon any Data (irrespective of whether or not the Data is used in any navigation system or for the purposes of navigation) whether based on breach of contract, tort (including negligence), product liability or otherwise.

7.5 Hema Maps shall not be liable for any loss or damage caused as a result of the use of the Australia 150K topo map and Australia 1M map however caused.

7.6 Hema Maps shall not be liable for any information, advice or technical support given by a third party unless in writing and signed by an authorised representative of Hema Maps.

8. Collection of information and privacy policy

You agree that we may collect and use technical data and related information, including information about your device, system or application software to facilitate the provision of support, software updates and other services (if any) in connection with the Hema 4WD Map Collection.  We may use this information so long as it is in a form that does not personally identify You, to improve our products or services and so long as our use in accordance with our Privacy Statement, as available on our website (http://www.hemamaps.com) from time to time.

9. General

9.1 This Agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia. You agree to be subject to the legal jurisdiction of the State of Queensland, Australia.

9.2 It otherwise contains the final, complete and exclusive agreement between You and Hema Maps and supersedes all prior or contemporaneous agreements, whether written or oral.

9.3 A construction of this agreement that results in all provisions being enforceable is to be preferred to a construction that does not so result. If a provision of this agreement remains illegal or unenforceable, and (i) if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed; and (ii) in any other case, the whole provision is severed; and the remainder of this agreement continues in force.

10. Termination

10.1 This agreement remains in force until your rights under this license are terminated by You or us. We may terminate Your license at any time if you fail to comply with any term(s) of this license.

10.2 Upon termination of the license, You must cease to use the Hema 4WD Map Collection and the Data and destroy all copies of the Hema 4WD Map Collection and the Data.

11. Definitions

a) "Hema Maps", “we” or “us” means Hema Maps Pty Ltd ACN 010 601 911, whose principle place of business is Building 14, 2404 Logan Road, Eight Mile Plains, Queensland, 4113 and the licensor of the Product for the purpose of this agreement.

b) "You" or “Your” means the individual or organisation purchasing the Product, and the licensee for the purpose of this agreement.

c) "Data" means the information and materials embodied in machine-readable media on the Hema 4WD Map Collection including, but not limited to, maps, location data, artwork, illustrations, photographs, images and text.