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NAVIGATION*
* Option/accessory, for more information, see Introduction.
461
a particular purpose, usefulness, use or results to
be obtained from this Data, or that the Data or
server will be uninterrupted or error free.
Disclaimer of Warranty: HERE AND ITS
LICENSORS (INCLUDING THEIR LICENSORS
AND SUPPLIERS) DISCLAIM ANY
WARRANTIES, EXPRESS OR IMPLIED, OF
QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR
NONINFRINGEMENT. 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: HERE 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
THIS DATA; 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 DATA, ANY DEFECT IN THIS
DATA, OR THE BREACH OF THESE TERMS OR
CON¬DITIONS, 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
any¬where any part of the Data or any direct
product thereof except in compliance with, and
with all licenses and ap¬provals 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. De¬partment of Commerce.
To the extent that any such export laws, rules or
regulations prohibit HERE from complying with
any of its obligations 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
full 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 juris¬diction of (a) the
State of Illinois for Claims related to Data for the
Americas and/or the Asia Pacific region
pro¬vided 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
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