2008 Lexus GX470 ESP

APPENDIX
296
Restrictions.Except where you have
been specifically licensed to do so by
[CLIENT], and without limiting the pre-
ceding paragraph, you may not (a) use
this Data with any products, systems,
or applications installed or otherwise
connected to or in communication with
vehicles, capable of vehicle naviga-
tion, positioning, dispatch, real time
route guidance, fleet management or
similar applications; or (b) with or in
communication with any positioning
devices or any mobile or wireless −con-
nected electronic or computer devices,
including without limitation cellular
phones, palmtop and handheld com-
puters, pagers, and personal digital as-
sistants or PDAs.
Warning.
The Data may contain inac-
curate or incomplete information due
to the passage of time, changing cir-
cumstances, sources used and the na-
ture of collecting comprehensive geo-
graphic data, any of which may lead to
incorrect results.
No Warranty.
This Data is provided to
you “as is,” and you agree to use it at
your own risk. [CLIENT] and its licen-
sors (and their licensors and suppliers)
make no guarantees, representations
or warranties of any kind, express or
implied, arising by law or otherwise, in-
cluding but not limited to, content, qual-
ity, accuracy, completeness, effective-
ness, reliability, fitness for a particular
purpose, usefulness, use or results to
be obtained from this Data, or that the
Data or server will be uninterrupted or
error− free.
Disclaimer of Warranty:[CLIENT] AND
ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DIS-
CLAIM ANY WARRANTIES, EX-
PRESS OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABIL-
ITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON− INFRINGE-
MENT. Some States, Territories and
Countries do not allow certain warranty
exclusions, so to that extent the above
exclusion may not apply to you.
Disclaimer of Liability:
[CLIENT] 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 IN-
FORMATION; OR FOR ANY LOSS
OF PROFIT, REVENUE, CON-
TRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCI-
DENTAL, SPECIAL OR CONSE-
QUENTIAL DAMAGES ARISING
OUT OF YOUR USE OF OR INABIL-
ITY TO USE THIS INFORMATION,
ANY DEFECT IN THE INFORMA-
TION, OR THE BREACH OF THESE
TERMS OR CONDITIONS, WHETH-
ER IN AN ACTION IN CONTRACT OR
TORT OR BASED ON A WARRANTY,
EVEN IF [CLIENT] OR ITS LICEN-
SORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAM-
AGES. 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.
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APPENDIX
297
Export Control.You agree not to ex-
port from anywhere any part of the
Data provided to you or any direct
product thereof except in compliance
with, and with all licenses and approv-
als required under, applicable export
laws, rules and regulations.
Entire Agreement.
These terms and
conditions constitute the entire agree-
ment between [CLIENT] (and its licen-
sors, including their licensors and sup-
pliers) and you pertaining to the sub-
ject matter hereof, and supersedes in
their entirety any and all written or oral
agreements previously existing be-
tween us with respect to such subject
matter.
Governing Law.
The above terms and
conditions shall be governed by the
laws of the State of 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 the State 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 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, this Data is
a “commercial item” as that term is
defined at 48 C.F.R. (“FAR”) 2.101, is
licensed in accordance with these End
User Terms, and each copy of the Data
delivered or otherwise furnished shall
be marked and embedded as appropri-
ate with the following “Notice of Use,”
and shall be treated in accordance with
such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: NAVTEQ
CONTRACTOR (MANUFACTURER/ SUPPLIER) ADDRESS: 222 Mer-chandise 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.
 2006 NAVTEQ −All rights re-
served.
If the Contracting Officer, federal gov-
ernment agency, or any federal offi-
cial refuses to use the legend pro-
vided herein, the Contracting Officer,
federal government agency, or any
federal official must notify NAVTEQ
prior to seeking additional or alterna-
tive rights in the Data.
GX470_Navi_U (OM60D58U) 07/06/16

APPENDIX
302
Disclaimer of Liability: DENSO SHALL
NOT BE LIABLE TO YOU FOR ANY
CLAIM, DEMAND OR ACTION, IR-
RESPECTIVE OF ITS NATURE, AL-
LEGING ANY LOSS, INJURY OR
DAMAGES, WHETHER DIRECT, IN-
DIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, IN-
CLUDING ANY LOSS OF PROFIT,
REVENUE OR CONTRACTS ARIS-
ING OUT OF YOUR POSSESSION,
USE OF OR INABILITY TO USE THIS
INFORMATION, ANY DEFECT IN
THE INFORMATION, OR THE
BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN AC-
TION IN CONTRACT OR TORT OR
BASED ON A WARRANTY, EVEN IF
DENSO OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBIL-
ITY 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.
Indemnity. You agree to indemnify, de-
fend and hold DENSO and its licensors
(including their respective licensors,
suppliers, assignees, subsidiaries, af-
filiated companies, and the respective
officers, directors, employees, share-
holders, agents and representatives of
each of them) free and harmless from
and against any liability, loss, injury (in-
cluding injuries resulting in death), de-
mand, action, cost, expense, or claim
of any kind or character, including but
not limited to attorney’s fees, arising
out of or in connection with any use or
possession by you of this information.
END USER NOTICE
The marks of companies displayed by
this product to indicate business loca-
tions are the marks of their respective
owners. The use of such marks in this
product does not imply any sponsor-
ship, approval, or endorsement by
such companies of this product.There are two types of areas available
for route guidance. In one type of area,
primarily around metropolitan centers,
detailed route guidance is available for
the entire area. In the other type of area,
all roads are displayed on the map but
route guidance is limited. The naviga-
tion route might lack precision because
the data (no right turns, one−
way traf-
fic, etc.) is not complete. It is still pos-
sible to reach the destination by follow-
ing the arrow direction and distance as
shown on the bottom left of the screen.
The arrow points in the direction of the
destination. The distance shown is as
measured in a straight line from the cur-
rent vehicle position to the destination
area.
In order to provide you with as accurate
map information as possible, we are al-
ways gathering information such as on
road repairs and carrying out on −site in-
vestigations. However, the names of
roads, streets, facilities, and their locations
frequently change. In some places,
construction on roads may be in progress.
For that reason, information on some
areas in this system might be different from
the actual location.
The map database is normally updated
once a year. Contact your Lexus dealer for
information about the availability and pric-
ing of an update.
GX470_Navi_U (OM60D58U) 07/06/16