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MULTIMEDIA 361
Entire Agreement
These terms and conditions constitute the
en
tire agreement between Garmin® and its
licensors, including the licensors, service
providers, channel partners, suppliers and
affiliated companies of Garmin® and its
licensors, 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
(a) For European Union HERE Data
The above terms and conditions shall be
go
verned by the laws of the Netherlands,
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 Netherlands for
any and all disputes, claims and actions arising
from or in connection with the HERE Data
provided to you hereunder.
(b) For North American HERE Data and other
no
n-European Union HERE Data
The above terms and conditions shall be
go
verned by the laws 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
ex
plicitly excluded. You agree to submit to the
jurisdiction of Illinois for any and all disputes,
claims and actions arising from or in connection
with the HERE Data provided to you hereunder.
(c) For disputes, claims and actions not related
to
the HERE Data
The above terms and conditions shall be
go
verned by the laws of Kansas, 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 Kansas for any and all disputes, claims and
actions arising from or in connection with the
Application or Content. Any translation of this
Agreement from English is provided as a
convenience only. If this Agreement is translated
into a language other than English and there is a
conflict of terms between the English version and
the other language version, the English version
will control.
Government End Users
If End User is an agency, department, or other
en
tity of the United States Government, or
funded in whole or in part by the U.S.
Government, then use, duplication, reproduction,
release, modification, disclosure or transfer
of the Application and accompanying
do
cumentation is subject to restrictions as set
forth in DFARS 252.227-7014(a)(1) (JUN 1995)
(DOD commercial computer software definition),
DFARS 27.7202-1 (DOD policy on commercial
computer software), FAR 52.227-19 (JUN 1987)
(commercial computer software clause for
civilian agencies), DFARS 252.227-7015 (NOV
1995) (DOD technical data – commercial items
clause); FAR 52.227-14 Alternates I, II, and III
(JUN 1987) (civilian agency technical data and
noncommercial computer software clause); and/
or FAR 12.211 and FAR 12.212 (commercial
item acquisitions), as applicable. In case of
conflict between any of the FAR and DFARS
provisions listed herein and this License
Agreement, the construction that provides
greater limitations on the Government’s rights
shall control. The contractor/manufacturer is
Garmin® International, Inc., 1200 East 151st
Street, Olathe, Kansas 66062, USA and HERE
North America LLC, 425 West Randolph Street,
Chicago, Illinois 60606 USA.
9
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