real time route guidance, fleet
management or similar applications; or (b)
with, or in communication with, including
without limitation, cellular phones,
palmtop and handheld computers, pagers,
and personal digital -assistants or PDAs.
Note:
This Data may contain inaccurate or
incomplete information due to the passage
of time, changing circum-stances, sources
used and the nature of collecting
comprehensive geographic Data, any of
which may lead to incorrect results.
No Warranty:
This Data is provided to you “as is”, and
you agree to use it at your own risk. HERE
and its licensors (and their licensors and
suppliers) make no guarantees,
representations or warranties of any kind,
express or implied, arising by law or
otherwise, including but not limited to,
content, quality, accuracy, completeness,
effectiveness, reliability, fitness for a
particular purpose, usefulness, use or
results to be obtained from this Data, or
that the Data or server will be
uninterrupted or error ¬free.
Disclaimer of Warranty:
HERE AND ITS LICENSORS (INCLUDING
THEIR LICENSORS AND SUPPLIERS)
DISCLAIM ANY WARRANTIES, EXPRESS
OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. Some States,
Territories and Countries do not allow
certain warranty exclusions, so to that
extent the above exclusion may not apply
to you.
Disclaimer of Liability:
HERE 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 THIS DATA; 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 DATA, ANY DEFECT IN THIS
DATA, OR THE BREACH OF THESE TERMS
OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR
BASED ON A WARRANTY, EVEN IF HERE
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 HERE 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.
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