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.
Entire Agreement:
These terms and conditions constitute the entire
agreement between HERE (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 HERE 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 (for Data for the Americas and/or the Asia
Pacific region) or The Netherlands (for Data for Europe, the Middle East
and Africa), 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. For any and all disputes, claims and
actions arising from or in connection with the Data (“Claims”), you agree
to submit to the personal jurisdiction of (a) the State of Illinois for Claims
related to Data for the Americas and/or the Asia Pacific region provided to
you hereunder, and (b) The Netherlands for Data for Europe, the Middle
East and/or Africa 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
Appendices
425
2014 MKX
(mkx)
Owners Guide gf, 1st Printing, June 2014
USA
(fus)
