User`s guide

PC*MILER-AS/400 MVS User’s Guide iv
14. Obligations on Termination: Termination or expiration of this Agreement shall not be
construed to release you from any obligations that existed prior to the date of such
termination or expiration.
15. Hold Harmless and Indemnity: To the maximum extent permitted by applicable law,
you agree to hold harmless and indemnify ALK and its subsidiaries, affiliates, officers,
agents, licensors, co-branders or other partners, and employees from and against any
third party claim (other than a third party claim for Intellectual Property Rights) arising
from or in any way related to your use of PC*MILER, including any liability or
expense arising from all claims, losses, damages (actual and/or consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and nature. ALK shall use
good faith efforts to provide you with written notice of such claim, suit or action.
16. Disclosure for products containing Historical or Real-time Traffic data: traffic data,
including historical traffic data, is licensed as a subscription service which must be
renewed annually for continued use. ALK and its licensor(s) will use commercially
reasonable efforts to make traffic data available at least 99.5% of the time each calendar
month, excluding minor performance or technical issues as well as downtime
attributable to necessary maintenance, and Force Majeure.
17. Limitations on Export: You hereby expressly agree not to export PC*MILER, in whole
or in part, or any data derived therefrom, in violation of any export laws or regulations
of the United States.
18. Miscellaneous: This Agreement shall be construed and applied in accordance with the
laws of the State of New Jersey. The Courts of the State of New Jersey shall be the
exclusive forum for all actions or interpretation pertaining to this Agreement. Any
amendments or addenda to this Agreement shall be in writing executed by all parties
hereto. This is the entire Agreement between the parties and supersedes any prior or
contemporaneous agreements or understandings. Should any provision of this
Agreement be found to be illegal or unenforceable, then only so much of this
Agreement as shall be illegal or unenforceable shall be stricken and the balance of this
Agreement shall remain in full force and effect.