FORD 2013 Taurus v.3 User Manual
Page 531
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY
REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL
DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL
DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE), THE ENTIRE LIABILITY OF TELENAV AND OF ALL
OF TELENAV’S SUPPLIERS SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE TELENAV SOFTWARE. SOME
STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6. Arbitration and Governing Law
You agree that any dispute, claim or controversy arising out of or
relating to this Agreement or the TeleNav Software shall be settled by
independent arbitration involving a neutral arbitrator and administered
by the American Arbitration Association in the County of Santa Clara,
California. The arbitrator shall apply the Commercial Arbitration Rules
of the American Arbitration Association, and the judgment upon the
award rendered by the arbitrator may be entered by any court having
jurisdiction. Note that there is no judge or jury in an arbitration
proceeding and the decision of the arbitrator shall be binding upon
both parties. You expressly agree to waive your right to a jury trial.
This Agreement and performance hereunder will be governed by and
construed in accordance with the laws of the State of California, without
giving effect to its conflict of laws provisions. To the extent judicial
action is necessary in connection with the binding arbitration, both
TeleNav and you agree to submit to the exclusive jurisdiction of the
courts of the County of Santa Clara, California. The United Nations
Convention on Contracts for the International Sale of Goods shall not
apply.
7. Assignment
You may not resell, assign, or transfer this Agreement or any of your
rights or obligations, except in totality, in connection with your
permanent transfer of the TeleNav Software, and expressly conditioned
upon the new user of the TeleNav Software agreeing to be bound by the
terms and conditions of this Agreement. Any such sale, assignment or
transfer that is not expressly permitted under this paragraph will result
in immediate termination of this Agreement, without liability to TeleNav,
in which case you and all other parties shall immediately cease all use
of the TeleNav Software. Notwithstanding the foregoing, TeleNav may
assign this Agreement to any other party at any time without notice,
provided the assignee remains bound by this Agreement.
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Appendices
2013 Taurus
Owners Guide gf, 3rd Printing, December 2012
USA (fus)