Navigon 8100T User Guide - Page 7
Third Party Software Licenses, Remedies For Breach, Jurisdiction And Disputes; Severability
UPC - 812619010093
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software; problems with equipment or services relating to your computers; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone services; unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes; or the termination of traffic data services or networks by service providers of same. 9. THIRD PARTY SOFTWARE LICENSES NAVIGON and the Hardware Device may make use of third party software. Notwithstanding the terms and conditions of this License, use of some third party materials included in the Software may be subject to other terms and conditions. The official third party copyright notices and specific license conditions of these third party software codes and algorithms are provided at the end of this License. You hereby agree to the terms and conditions for such third party software. 10. REMEDIES FOR BREACH You understand and agree that NAVIGON will not have adequate remedy at law for the material breach or threatened breach by you, or your, agents, employees, representatives or subcontractors, of any one or more of the covenants set forth in this License, including, but not limited to, Sections 3, 4, 5 and 6 of this License. You agree that in the event of any such material breach or threatened breach, NAVIGON may, in addition to (but not in substitution for) the other remedies which may be available to it either at law or in equity, file suit in equity to enjoin you from the breach of or threatened breach of said covenants. 11. JURISDICTION AND DISPUTES; SEVERABILITY 11.1 This License is governed by the laws of the State of Illinois without regard to its conflict of laws rules. 11.2 All disputes hereunder shall be resolved in the applicable state or federal courts of the State of Illinois 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. 11.3 If at any time any one or more of the provisions of this License become invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions of this License shall not be in any way impaired. 12. INTEGRATION This License constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements, oral or written, between the parties, and is intended as a final expression of their agreement. This License shall not be modified or amended except in writing signed by December 2008 NAVIGON 8100T User's Guide vii Version 1.1 NAVIGON, INC.