End user licence agreements – Jaguar Touch Screen Display JJM 18 42 26 701 User Manual

Page 103

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103

End User Licence Agreements

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Limitation of liability

The price of the DATABASE does not
include any consideration for assumption
of risk of consequential, indirect or
unlimited direct damages which may arise
in connection with your use of the
DATABASE.

Accordingly, in no event shall NAVTEQ
Corporation or supplier of the navigation
system using the DATABASE (‘Supplier’)
be liable for any consequential, special,
incidental or indirect damages, including
without limitation, loss of revenue, data,
or use, incurred by you or any third party
arising out of your use of the DATABASE,
whether in an action in contract or tort or
based on a warranty, even if NAVTEQ
Corporation or the Supplier has been
advised of the possibility of such
damages. In any event, NAVTEQ
Corporation’s liability for direct damages
is limited to the price of your copy of the
DATABASE.

THE DISCLAIMER OF WARRANTY AND
LIMITATION OF LIABILITY, SET FORTH
IN THIS AGREEMENT, DO NOT AFFECT
OR PREJUDICE YOUR STATUTORY
RIGHTS WHERE YOU HAVE ACQUIRED
THE DATABASE OTHERWISE THAN IN
THE COURSE OF A BUSINESS. Some
states and laws do not allow the exclusion
of implied warranties, so the above
disclaimer may not apply to you.

!

WARNING:

The DATABASE reflects reality as
existing before you received the
DATABASE and it comprises data and
information from government and
other sources, which may contain
errors and omissions. Accordingly, the
DATABASE may contain inaccurate or
incomplete information due to the
passage of time, changing
circumstances, and due to the nature
of the sources used. The DATABASE
does not include or reflect information
on - inter alia - neighbourhood safety;
law enforcement; emergency
assistance; construction work; road or
lane closures; vehicle or speed
restrictions; road slope or grade;
bridge height, weight or other limits;
road or traffic conditions; special
events; traffic congestion; or travel
time.

Government end users

If the DATABASE is for a region of North
America and 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
DATABASE is licensed with ‘limited
rights’.

Utilization of the DATABASE is subject to
the restrictions specified in the ‘Rights in
Technical Data and Computer Database’
clause at DFARS 252.227–7013, or the
equivalent clause for non-defence
agencies. Manufacturer of the
DATABASE of North America is NAVTEQ
Corporation, 10400 W. Higgins Road,
Suite 400, Rosemont, Illinois 60018, USA.

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