2006 Lexus ES 330 Navigation Manual - Page 18

2006 Lexus ES 330 Manual

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BASIC FUNCTIONS Disclaimer of Liability: [LICENSEE] 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 THE INFORMATION; 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 INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF [LICENSEE] 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 provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. Entire Agreement. These terms and conditions constitute the entire agreement between [LICENSEE] (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. Governing Law. The above terms and conditions shall be governed by the laws of the 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 jurisdiction 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 Licensed 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, (i) for acquisitions conducted by the Department of Defense, the Licensed Data is licensed with "Limited Rights" in accordance with the rights set forth at DFARS 252.227−7013(b)(3), TECHNICAL DATA−NONCOMMERCIAL ITEMS, and Licensed Data delivered or otherwise furnished with "Limited Rights" shall be marked with the following "Limited Rights Notice" set forth at DFARS 252.227−7013(f)(3), and shall be treated in accordance with such Notice: 18

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BASIC FUNCTIONS
18
Disclaimer of Liability:
[LICENSEE] 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, IN-
JURY OR DAMAGES, DIRECT OR IN-
DIRECT, WHICH MAY RESULT FROM
THE USE OR POSSESSION OF THE
INFORMATION; OR FOR ANY LOSS
OF PROFIT, REVENUE, CONTRACTS
OR SAVINGS, OR ANY OTHER DI-
RECT, INDIRECT, INCIDENTAL, SPE-
CIAL
OR
CONSEQUENTIAL
DAM-
AGES ARISING OUT OF YOUR USE
OF OR INABILITY TO USE THIS IN-
FORMATION, ANY DEFECT IN THE IN-
FORMATION, OR THE BREACH OF
THESE TERMS OR CONDITIONS,
WHETHER IN AN ACTION IN CON-
TRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF [LICENSEE] OR
ITS LICENSORS HAVE BEEN AD-
VISED 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 pro-
vided to you or any direct product thereof
except in compliance with, and with all li-
censes and approvals required under,
applicable export laws, rules and regula-
tions.
Entire Agreement.
These terms and con-
ditions constitute the entire agreement
between [LICENSEE] (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 re-
spect to such subject matter.
Governing Law.
The above terms and
conditions shall be governed by the laws
of the 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 sub-
mit to the jurisdiction of Illinois for any and
all disputes, claims and actions arising
from or in connection with the Data pro-
vided to you hereunder.
Government End Users.
If the Licensed
Data is being acquired by or on behalf of
the United States government or any oth-
er entity seeking or applying rights similar
to those customarily claimed by the
United States government, (i) for acquisi-
tions conducted by the Department of
Defense, the Licensed Data is licensed
with °Limited Rights± in accordance with
the
rights
set
forth
at
DFARS
252.227
−
7013(b)(3),
TECHNICAL
DATA
−
NONCOMMERCIAL ITEMS, and
Licensed Data delivered or otherwise fur-
nished with °Limited Rights± shall be
marked with the following °Limited Rights
Notice±
set
forth
at
DFARS
252.227
−
7013(f)(3), and shall be treated
in accordance with such Notice: