User Manual - Page 231

For FIT 2016.

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230
uuLegal InformationuUser Agreement
Reference Information
Data or server will be uninterrupted or
error-free.
Disclaimer of Warranty: NT 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: NT 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 NT 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 NT (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, 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. You agree to submit to
the jurisdiction of the State of Illinois 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 defined at 48 C.F.R.
(“FAR”) 2.101, is licensed in accordance
with this End User License Agreement, and
each copy of the 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:
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