Terms and conditions
End user license provisions for the Bosch map update service
The following terms and conditions apply to any use by you of any Update Services provided by Bosch or any of its affiliates (the “Bosch Update Services). You should not use the Bosch Update Services if you cannot agree to the below.
1. Granting of license
The Bosch Update Services are provided to you on a non-exclusive basis, and you may only use the Bosch Update Services for your personal use and solely in combination with the hardware device incorporated into your vehicle. The license granted is non-transferable.
If upgrades, updates, or supplements to the Bosch Update Services are obtained or made available to you, the use of such upgrades, updates, or supplements is subject to the foregoing unless other terms accompany such upgrades, updates, or supplements, in which case those terms shall apply.
If software is provided as part of, or to facilitate, the Bosch Update Services, such software may only be used for the purpose of receiving and using the Bosch Update Services. In any event, use of the software shall be limited to the binary form of such software, and you are not entitled to receive and/or use the source code. You are not entitled to (i) use the software for any other purpose as explicitly set forth in these end-user license provisions and/or (ii) to decompile, disassemble, reverse-engineer, or otherwise decode/derive or attempt to derive the source code of the software, except and only to the extent that such activity is expressly permitted by the applicable legislation.
The Bosch Update Services are intended to be used for providing information and navigation services related to your journey only and are not designed to warn you about dangers and roadside hazards, nor are they to be used as an indispensable part of driver-assistance or other safety-related systems. It remains your duty to drive in a careful and safe manner (paying all due care and attention to the road, as well as observing all applicable traffic rules and regulations). Furthermore, it is and remains your responsibility not to use the Bosch Update Services in a manner that would distract you from driving safely.
3. Updates and changes to the update services and these terms
Bosch reserves the right to update, modify, upgrade and supplement the Bosch Update Services with or without notice and to modify these terms from time to time.
You are prohibited from renting, lending, publicly presenting, performing, broadcasting, or distributing the Bosch Update Services in any other manner. Other than as required by the applicable mandatory legislation, you shall not (nor shall you allow any other person to) copy or modify the Bosch Update Services or any part thereof, nor to reverse engineer, decompile, or disassemble the Bosch Update Services. You may not use the Bosch Update Services in connection with any illegal, fraudulent, dishonest, or unethical activity or behavior.
All intellectual property rights pertaining to the Bosch Update Services are owned by Bosch, its affiliated companies, and/or suppliers.
6. Limited warranty
6.1. You acknowledge that the Bosch Update Services are generic services and have not been developed to meet your individual requirements. Bosch does not and cannot warrant that the Bosch Update Services will operate without errors or disruption. You should particularly be aware of the fact that calculation errors can occur when using software in a navigation system which might, for example, be caused by local environmental conditions and/or incomplete data. Bosch does not warrant that the Bosch Update Services are capable of interoperating with non-Bosch systems, devices, or products (e.g., software or hardware).
6.2. Without limiting clause 6.1 above, the Bosch Update Services and any results generated by those services are provided on an “as is” and “with all faults” basis, and Bosch expressly disclaims all other warranties, express or implied, including but not limited to the implied warranties of non-infringement, merchantability, satisfactory quality, accuracy, title, and fitness for a particular purpose.
6.3. The provisions of this clause do not affect any of your legal rights under applicable, mandatory national legislation, including but not limited to any mandatory statutory warranties. If any part of this limited warranty is held to be invalid or unenforceable, the remainder of the limited warranty shall nonetheless remain in full force and effect.
7. Limitation of liability
7.1. Due to the gratuitous character of the Bosch Update Services, neither Bosch nor its affiliated companies, suppliers, officers, directors, or employees shall be liable to you or to any third party for any damages, whether direct, special, incidental, indirect, or consequential (including but not limited to damages for the inability to use or access the Bosch Update Services, loss of data, loss of business, loss of profits, business interruption, or the like) arising out of or related to the use of, or the inability to use or access the Bosch Update Services, or otherwise the performance of the Bosch Update Services, even if Bosch has been advised of the possibility of such damages.
7.2. The above exclusions or limitations of liability under this clause 7 do not (i) affect your rights under any applicable, mandatory national legislation, including claims based on the German Product Liability Act (Produkthaftungsgesetz), (ii) affect damages resulting from willful misconduct, or (iii) exclude or limit any liability that cannot be excluded or limited under applicable, mandatory legislation.
8. Links to third party sites
Bosch is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services that are delivered by the Bosch Update Services or otherwise. Bosch is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Bosch or any third parties of the third-party sites or Bosch Update Services. Any use by you of such links or third-party sites, and the manner in which you use such third-party sites and links, shall be your responsibility and at your own risk, and you shall not use them in an illegal or fraudulent manner.
9. Termination and direct enforcement
Bosch shall provide the Bosch Update Services throughout the term agreed upon between Bosch and the vehicle manufacturer (which usually terminates seven (7) years from the end of production).
Without prejudice to any other rights, Bosch may immediately terminate this end-user license if you fail to comply with any of its terms and conditions. The provisions of this agreement, which by their nature are intended to survive termination, shall remain in effect after termination of this end-user license.
10. Governing law and jurisdication
This end-user license shall be governed and construed by the substantive laws of the Federal Republic of Germany, excluding its provisions concerning conflicts of law. The United Nations Conventions on Contracts for the International Sale of Goods (CISG) shall not apply. The courts of Stuttgart, Germany (for proceedings at the court of first instance, the district court in 70190 Stuttgart) shall have jurisdiction and venue if you are a merchant or you do not have a general place of jurisdiction in Germany.
If one of the provisions of this end-user license or of any contracts entered into based on this end-user license should be or become invalid, this shall not affect the validity of the remaining provisions.
EULA Bosch Map Update Service, Version 02/2020