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FALK IBEX - Page 77

FALK IBEX
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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 UNITED NAVIGATION GMBH 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
United Navigation GmbH (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
Netherlands, 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 The Netherlands 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, the Data is a “commercial item” as that term is
defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with the End-User Terms
under which this Data was provided, and each copy of the Data delivered or otherwise
furnished shall be marked and embedded as appropriate with the following “Notice of Use,”
and shall be treated in accordance with such Notice:
Notice of use USE
Contractor (Manufacturer/ Supplier) Name: NAVTEQ
Contractor (Manufacturer/Supplier) Address: 222 Merchandise Mart Plaza, Suite 900,
Chicago, Illinois 60654
This Data is a commercial item as defined in FAR 2.101 and is subject to the End-User
Terms under which this Data was provided.
© 2012 NAVTEQ – All rights reserved.
Wenn der zuständige Beamte, eine Bundesagentur oder sonstige Bundesbeamte den
vertraglich vereinbarten Hinweistext ablehnen, so sind der zuständige Beamte, die
Bundesagentur oder die sonstigen jeweiligen Bundesbeamten, bevor Sie weitere oder
alternative Rechte an den Daten einfordern, verpflichtet, NAVTEQ darüber in Kenntnis zu
setzen.
Provisions for end customers
The data ("data") is provided exclusively for internal use by the end customer and not for
onward sale. It is protected by copyright and is the subject of the following General Terms
and Conditions which were agreed to firstly by the end customer and secondly by United
GmbH and its licensors.
© 20102 LOGIBALL GmbH, NAVTEQ NV, surveying agencies of the states and the German
Federal Agency for Cartography and Geodesy (map of Germany), KOMPASS Karten GmbH
Falk IBEX User Manual 75

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