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 NT 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 NT 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.
Entire Agreement:
These terms and conditions constitute the entire
agreement between NT (and its licensors, including their licensors and
suppliers) 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.
Severability:
You and NT agree that if any portion of this agreement is
found illegal or unenforceable, that portion shall be severed and the
remainder of the Agreement shall be given full force and effect.
Governing Law:
The above terms and conditions shall be governed by
the laws of the State 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 personal jurisdiction of the State of Illinois for any and
all disputes, claims and actions arising from or in connection with the
Data provided to you hereunder.
Government End Users:
If the Data 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, this Data is a “commercial item” as that term is defined at
48 C.F.R. (“FAR”) 2.101, is licensed in accordance with this End User
License Agreement, and each copy of Data delivered or otherwise
422
Appendices
2014 MKX
(mkx)
Owners Guide gf, 1st Printing, November 2013
USA
(fus)