In view of[*****], the following terms shall apply notwithstanding any language to the contrary:
The [*****] shall be treated as [*****] confidential information and made available on an ‘as is’ basis without any representations or warranties of any kind and are not subject to any Service Level Agreements or support obligations of the GLA.
Under this Supplement, HERE shall offer only nominal ancillary support for the [*****] itself and shall not provide support of any kind for Customer’s permitted uses of the [*****]. In the event that as of [*****] completion of the [*****] is no longer technically feasible, Customer shall be entitled, at its sole option, to terminate this Supplement and obtain a full refund of the [*****].
License, access and use of [*****] shall: a) be restricted to Customer’s employees and subcontractors that “need to know” in connection with the Business Purpose; b) be limited to the named Customer and Affiliates only; and c) not be sublicensed, assigned or transferred except as set forth in the GLA..
Notwithstanding any language to the contrary, Customer shall be permitted to create derivative works from the [*****] solely in connection with the Business Purpose, which derivative works shall, solely to the extent of such differences or modifications from the [*****]: (i) be considered Customer Confidential Information that Customer shall be under no obligation to disclose or return to HERE, and (ii) be solely owned by Customer, subject to HERE’s underlying ownership of the [*****]. Customer shall be entitled to (i) inform its partners and customers that its infotainment and navigation software product(s) have been created using the HERE [*****]; and (ii) license derivative works on terms of its own choosing (subject to the [*****] and reporting obligations hereunder).
Upon termination of this Supplement, upon HERE's written request, Customer shall provide written certification that all copies of the [*****] have been returned or destroyed subject to retention of normal backup files and other reasonable record retention obligations. Any [*****] so retained shall remain subject to the GLA confidentiality obligations.
Customer acknowledges: a) the value of the [*****], b) that a breach or threatened breach of its obligations hereunder would result in irreparable harm to Here, and c) that in seeking enforcement of its rights, HERE is entitled to remedies at law as well as to injunctive or other equitable relief without the need to post a bond.
The parties agree to work diligently towards the execution of a commercial agreement for HERE Map Data as referenced in Section 8.