APPENDIX
252
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)
DISCLAIM ANY WARRANTIES,
EXPRESS OR IMPLIED, OF
QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR
NON−INFRINGEMENT. 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
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 [CLIENT] 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.