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F19
USER LICENSE AGREEMENT FOR MAP DATA AND LOCATION NAME DATA
Technical Notes and Index
Disclaimer of Liability: NIKON 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 NIKON 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 Nikon and its
licensors 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
Nikon (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
Japan, 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;
provided that in the event that the laws of the
Japan is not deemed applicable to this
Agreement for any reason in the country where
you obtained the Data, this Agreement shall be
governed with the laws of the country where
you obtained the Data. You agree to submit to
the jurisdiction of Japan 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 supplied by
NAVTEQ 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, the Data is a "commercial item" as
that term is defined at 48 C.F.R. ("FAR") 2.101, is
licensed in accordance with the End-User
Terms under which this Data was provided, and
each instruction manual accompanying the
Client device containing a 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:
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 NAVTEQ prior to seeking
additional or alternative rights in the Data.
NOTICE OF USE
CONTRACTOR (MANUFACTURER/
SUPPLIER) NAME:
NAVTEQ
CONTRACTOR (MANUFACTURER/SUPPLIER)
ADDRESS:
c/o Nokia 425 West Randolph Street,
Chicago, Illinois 60606
This Data is a commercial item as defined in
FAR 2.101 and is subject to the End-User
Terms under which this Data was provided.
©
2012 NAVTEQ - All rights reserved.
239


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