18
Disclaimer of Endorsement: Reference
to any products, services, processes,
hypertext links to third parties or other
Data by trade name, trademark,
manufacturer, supplier or otherwise does
not necessarily constitute or imply its
endorsement, sponsorship or recom-
mendation by DENSO or its licensors.
Product and service information are the
sole responsibility of each individual
vendor. The NAVTEQ Corporation name
and logo, the NA VTEQ and NAVTEQ ON
BOARD trademarks and logos, and other
trademarks and trade names owned by
NAVTEQ Corporation may not be used in
any commercial manner without the prior
written consent of NAVTEQ.
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.
Indemnity. You agree to indemnify, de-
fend and hold DENSO and its licensors
(including their respective licensors, sup-
pliers, assignees, subsidiaries, affiliated
companies, and the respective officers,
directors, employees, shareholders,
agents and representatives of each of
them) free and harmless from and
against any liability, loss, injury (including
injuries resulting in death), demand, ac-
tion, cost, expense, or claim of any kind
or character, including but not limited to
attorney’s fees, arising out of or in con-
nection with any use or possession by
you of this Data.
Entire Agreement
. These terms and con-
ditions constitute the entire agreement
between DENSO (and its licensors, in-
cluding their licensors and suppliers) and
you pertaining to the subject matter here-
of, and supersedes in their entirety any
and all written or oral agreements pre-
viously 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 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 NA VTEQ
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 NAVTEQ 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
NAVTEQ 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:
19
LIMITED RIGHTS
CONTRACT NO.:
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME:
NAVTEQ Corporation
CONTRACTOR
(MANUFACTURER/SUPPLIER)
ADDRESS: 222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654.
The Government’s rights to use,
modify, reproduce, release, perform,
display, or disclose these technical
data are restricted by paragraph (b)(3)
of the Rights in Technical Data −Non-
commercial Items clause contained in
the above identified contract. Any re-
production of technical data or portions
thereof marked with this legend must
also reproduce the markings. Any per-
son, other than the Government, who
has been provided access to such data
must promptly notify the above named
Contractor.and; (ii) for civilian agency acquisitions,
the NAVTEQ Data is licensed in
accordance with the rights set forth at
FAR 52.227 −14(g)(1), RIGHTS IN
DATA−GENERAL (Protection of limited
rights data and computer software). In
the event that the Contracting Officer
requires the delivery of limited rights
NAVTEQ Data that has been withheld or
would otherwise be withholdable in
accordance with FAR 52.227 −14(g)(1),
the NAVTEQ Data is licensed with
“Limited Rights” as set forth in the
following “Limited Rights Notice” at FAR
52.227 −14(g)(2) (Alternate II), which
shall be af fixed to the NAVTEQ Data and
the NAVTEQ Data shall be treated in
accordance with such Notice (which shall
be marked on any reproduction of these
data, in whole or in part):LIMITED RIGHTS NOTICE
(JUN 1987)
These data are submitted with limited
rights under Government Contract No.
(and subcontract , if ap-
propriate). These data may be repro-
duced and used by the Government
with the express limitation that they will
not, without written permission of the
Contractor, be used for purposes of
manufacture nor disclosed outside the
Government; except that the Govern-
ment may disclose these data outside
the Government for the following pur-
poses, if any, provided that the Gov-
ernment makes such disclosure sub-
ject to prohibition against further use
and disclosure: There are no addition-
al purposes permitting disclosure of
such Data.
The manufacturer/supplier of the Data
is NAVTEQ Corporation, 222
Merchandise Mart Plaza, Suite 900,
Chicago, Illinois 60654.
If the Contracting Officer refuses to use
either of the licenses provided in (i) or (ii),
herein, the Contracting Officer must
notify NAVTEQ Corporation prior to
seeking additional or alternative rights in
the NAVTEQ Data.