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8.4
TeleNav's or your failure to require
performance of any provision shall not
affect that party's right to require
performance at any time thereafter,
nor shall a waiver of any breach or
default of this Agreement constitute
a waiver of any subsequent breach or
default or a waiver of the provision
itself.
8.5
If any provision herein is held
unenforceable, then such provision
will be modified to reflect the
intention of the parties, and the
remaining provisions of this
Agreement will remain in full force
and effect
8.6
The headings in this Agreement are
for convenience of reference only, will
not be deemed to be a part of this
Agreement, and will not be referred
to in connection with the construction
or interpretation of this Agreement.
As used in this Agreement, the words
"include" and "including" and
variations thereof, will not be deemed
to be terms of limitation, but rather
will be deemed to be followed by the
words "without limitation".
9. Other Vendors Terms and
Conditions
The TeleNav Software utilizes map
and other data licensed to TeleNav
by third party vendors for the benefit
of you and other end users. This
Agreement includes end-user terms
applicable to these companies
(included at the end of this
Agreement), and thus your use of the
TeleNav Software is also subject to
such terms. You agree to comply with
the following additional terms and
conditions, which are applicable to
TeleNav's third party vendor licensors:
NavTeq End User License Agreement
END USER TERMS
The content provided ("Data") is
licensed, not sold. By opening this
package, or installing, copying, or
otherwise using the Data, you agree
to be bound by the terms of this
agreement. If you do not agree to the
terms of this agreement, you are not
permitted to install, copy, use, resell
or transfer the Data. If you wish to
reject the terms of this agreement,
and have not installed, copied, or used
the Data, you must contact your
retailer or NAVTEQ North America,
LLC ("NT") within thirty (30) days of
purchase for a refund of your purchase
price. To contact NT, please visit
www.navteq.com.
432
Appendices
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