January 2008
NAVIGON 5100 User’s Guide
v
Revision 2.0
NAVIGON, INC.
11.
JURISDICTION AND DISPUTES
This Agreement is governed by the laws of the State of Illinois without regard to its conflict of laws
rules.
All disputes hereunder shall be resolved in the applicable state or federal courts of the State of Illi-
nois located within Cook County, Illinois. To the extent permitted by law the parties consent to the
jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional
or venue defenses otherwise available.
12.
SEVERABILITY
If at any time any one or more of the provisions of this Agreement become invalid, illegal or unen-
forceable in any respect for any reason, the validity, legality and enforceability of any such provi-
sion in every other respect and of the remaining provisions of this Agreement shall not be in any
way impaired.
13.
ADDITIONAL TERMS AND CONDITIONS OF USE RELATING TO THE TOTAL TRAFFIC
NETWORK DATA PROVIDED WITH YOUR NAVIGON ENABLED PRODUCT:
A.
Total Traffic Network, a division of Clear Channel Broadcasting, Inc., holds the
rights to the traffic incident data and RDS-TMC network through which it is delivered. You may not
modify, copy, scan or use any other method to reproduce, duplicate, republish, transmit or distrib-
ute in any way any portion of traffic incident data. You agree to indemnify, defend and hold harm-
less Clear Channel Broadcasting, Inc. (and its affiliates) against any and all claims, damages,
costs or other expenses that arise directly or indirectly out of (1) your unauthorized use of the traf-
fic incident data or the RDS-TMC network, (2) your violation of this directive and/or (3) any unau-
thorized or unlawful activities by you in connection herewith.
B.
Total Traffic Network traffic data is informational only. User assumes all risk of use.
Total Traffic makes no representations about content, traffic and road conditions, route usability, or
speed.
C.
TOTAL TRAFFIC NETWORK TRAFFIC DATA IS PROVIDED "AS IS," AND
"WHERE IS". TOTAL TRAFFIC NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES WITH
RESPECT TO THE TRAFFIC DATA (INCLUDING, WITHOUT LIMITATION, THAT THE TRAFFIC
DATA WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION), EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE,
OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
D.
TOTAL TRAFFIC NETWORK WILL NOT BE LIABLE TO YOU FOR ANY INDI-
RECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOST REVENUES, ANTICIPATED REVENUES, OR PROFITS RELAT-
ING TO THE SAME) ARISING FROM ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO
USE OF THE TRAFFIC DATA, WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR
STRICT LIABILITY).
