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experience with the Content provided by a new
provider may not duplicate your experience with
the previous Content supplier.
Export Control.
You agree not to export from
anywhere any part of the Content or any direct
product thereof except in compliance with and
with all licenses and approvals required under,
applicable export laws, rules and regulations.
Legal Compliance.
You represent and warrant
that (i) you are not located in a country that is
subject to a U.S. Government embargo, or has been
designated by the U.S. Government as a “terrorist
supporting” country, and (ii) you are not listed on
any U.S. Government list of prohibited or restricted
parties.
Indemnity.
You agree to indemnify, defend
and hold Garmin and its licensors, including the
respective licensors, service providers, channel
partners, suppliers, assignees, subsidiaries,
affiliated companies, and the respective officers,
directors, employees, shareholders, agents and
representatives of Garmin and its licensors, free and
harmless from and against any liability, loss, injury
(including injuries resulting in death), demand,
action, cost, expense, or claim of any kind or
character, including but not limited to attorney’s
fees, arising out of or in connection with any use or
possession by you of the Garmin Products.
Map Data.
Use of the Map Data is subject to
certain restrictions and/or requirements imposed
by third party suppliers and/or governmental or
regulatory authorities as further set forth at
corporate.navteq.com/supplier_terms.html
Term.
This Agreement is effective until such time
as (i) if applicable, your subscription term is either
terminated (by you or by Garmin) or expires, or
(ii) Garmin terminates this Agreement for any
reason, including, but not limited to, if Garmin
finds that you have violated any of the terms of
this Agreement. In addition, this Agreement shall
terminate immediately upon the termination of
an agreement between Garmin and any third
party from whom Garmin (a) obtains services
or distribution necessary to support the Garmin
Products, or (b) licenses Content. You agree, upon
termination, to destroy all copies of the Content.
The Disclaimers of Warranty and Liability set
out above shall continue in force even after any
termination.
Entire Agreement.
These terms and conditions
constitute the entire 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 governed
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 non-
European Union HERE Data
The above terms and conditions shall be governed
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 explicitly 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 governed
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
Summary of Contents for DNX572BH
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