Owner's Manual

( Introduction
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 DATA, ANY
DEFECT
IN THIS DATA, OR THE BREACH OF THESE
TERMS
OR CONDITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON A WARRANTY,
EVEN IF HERE 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 or any direct product
thereof except in compliance with, and with all
licenses and approvals required under, applicable
export laws, rules and regulations,
including but not
limited to
the laws, rules and regulations administered
by the Office of Foreign Assets Control of the U.S.
Department of Commerce and the Bureau of Industry
and Security of the U.S. Department of Commerce.
To the extent that any such export laws, rules or
regulations prohibit HERE from complying with any of
its obi igations
hereunder to deliver or distribute Data,
such failure shall be excused and shall not constitute
a breach of this Agreement.
Entire Agreement: These terms and conditions
constitute the entire agreement between HERE (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.
Severability: You and HERE agree that if any portion
of
this agreement is found illegal or unenforceable,
that portion shall be severed and the remainder of the
Agreement shall be given fu II force and effect.
Governing Law: The above terms and conditions
shall be governed by the laws of the State of Illinois
(for Data
for the Americas and/or the Asia Pacific
region)
or The Netherlands (for Data for Europe, the
Middle East and Africa), without giving effect to (i) its
conflict of laws provisions, or (ii) the United Nations
Convention
for Contracts for the International Sale
of Goods,
which is explicitly excluded. For any and
all disputes,
claims and actions arising from or in
connection with the Data ("Claims"), you agree to
submit to the personal jurisdiction of (a) the State of
Illinois
for Claims related to Data for the Americas and/
or the Asia Pacific region provided to you hereunder,
and
(b) The Netherlands for Data for Europe, the
Middle East and/or Africa 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 defined at 48 C.F.R. ("FAR") 2.101, is
licensed in
accordance with this End User License
Agreement, and each copy of Data delivered
or
otherwise furnished shall be marked and embedded as
appropriate
with the following "Notice of Use", and be
treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME:
HERE
CONTRACTOR (MANUFACTURER/SUPPLIER)
ADDRESS:
425 West Randolph Street, Chicago, IL 60606.
This Data is a commercial item as defined in FAR 2.101
and is subject to the End User License Agreement
under which this Data was provided.
© 1987-2015 HERE. All rights reserved.
If
the Contracting Officer, federal government agency,
or any federal official refuses to use the legend
provided herein,
the Contracting Officer, federal
government agency, or any federal official must notify
HERE
prior to seeking additional or alternative rights
in
the Data.
© 1987-2015 HERE. All- rights reserved.
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