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Disclaimer of Warranty: [CLIENT] AND ITS LICENSORS (INCLUDING THEIR LICENSORS
AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty
exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability: [CLIENT] AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND
SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND
OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND
OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT,
WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR
FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE
INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF [CLIENT] OR
ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some
States, Territories and Countries do not allow certain liability exclusions or damages limitations,
so to that extent the above may not apply to you.
Export Control. You agree not to export from anywhere any part of the Data provided to you
or any direct product thereof except in compliance with, and with all licenses and approvals
required under, applicable export laws, rules and regulations.
Entire Agreement. These terms and conditions constitute the entire agreement between
[CLIENT] (and its licensors, including their licensors and suppliers) and you pertaining to the
subject matter hereof, and supersedes in their entirety any and all written or oral agreements
previously existing between us with respect to such subject matter.
Governing Law. The above terms and conditions shall be governed by the laws of the State
of Illinois [insert “Netherlands” where European NAVTEQ Data is used], without giving effect
to (i) its con
fl
ict of laws provisions, or (ii) the United Nations Convention for Contracts for the
International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction
of the State of Illinois [insert “The Netherlands” where European NAVTEQ Data is used] for any
and all disputes, claims and actions arising from or in connection with the Data provided to you
hereunder.
Government End Users. If the Data is being acquired by or on behalf of the United States
government or any other entity seeking or applying rights similar to those customarily claimed
by the United States government, this Data is a “commercial item” as that term is de
fi
ned at 48
C.F.R. (“FAR”) 2.101, is licensed in accordance with these End-User Terms, and each copy of
Data delivered or otherwise furnished shall be marked and embedded as appropriate with the
following “Notice of Use,” and shall be treated in accordance with such Notice: