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
TELENAV 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 shall not export from anywhere any part
of the Data or any direct product thereof
except in compliance with, and with all
licenses and approvals required under,
applicable export laws, rules and regulations,
including but not limited to the laws, rules
and regulations administered by the Office
of Foreign Assets Control of the U.S.
Department of Commerce and the Bureau
of Industry and Security of the U.S.
Department of Commerce. To the extent that
any such export laws, rules or regulations
prohibit HERE from complying with any of its
obligations hereunder to deliver or distribute
Data, such failure shall be excused and shall
not constitute a breach of this Agreement.
Entire Agreement.
These terms and conditions constitute the
entire agreement between Telenav (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 State of Illinois
[insert “Netherlands
” where European HERE
Data is used], 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 [insert
“The Netherlands ” where European HERE
Data is used] 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
536
MKX (CD9) Canada/United States of America, enUSA, ASO/OGC Review Appendices
Entire Agreement
These terms and conditions constitute the
entire agreement between NAV2(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 People
’s
Republic of China, 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. Any dispute arising from
or in connection with the Data provided to
you hereunder shall be submitted to the
Shanghai International Economic and Trade
Arbitration Commission for arbitration. Gracenote® Copyright
CD and music-related data from Gracenote,
Inc., copyright© 2000-2007 Gracenote.
Gracenote Software, copyright © 2000-2007
Gracenote. This product and service may
practice one or more of the following U.S.
Patents #5,987,525, #6,061,680, #6,154,773,
#6,161,132, #6,230,192, #6,230,207,
#6.240,459, #6,330,593 and other patents
issued or pending. Some services supplied
under license from Open Globe, Inc. for U.S.
Patent: #6,304,523.
Gracenote and CDDB are registered
trademarks of Gracenote. The Gracenote
logo and logotype, and the "Powered by
Gracenote
™" logo are trademarks of
Gracenote.
Gracenote® End User License Agreement
(EULA)
This device contains software from
Gracenote, Inc. of 2000 Powell Street
Emeryville, California 94608 ("Gracenote"). The software from Gracenote (the
"Gracenote Software") enables this device
to do disc and music file identification and
obtain music-related information, including
name, artist, track, and title information
("Gracenote Data") from online servers
("Gracenote Servers"), and to perform other
functions. You may use Gracenote Data only
by means of the intended End User functions
of this device.
This device may contain content belonging
to Gracenote's providers. If so, all of the
restrictions set forth herein with respect to
Gracenote Data shall also apply to such
content and such content providers shall be
entitled to all of the benefits and protections
set forth herein that are available to
Gracenote.
You agree that you will use the content from
Gracenote ("Gracenote Content") , Gracenote
Data, the Gracenote Software, and
Gracenote Servers for your own personal,
non-commercial use only. You agree not to
assign, copy, transfer or transmit the
Gracenote Content, Gracenote Software or
any Gracenote Data (except in a Tag
associated with a music file) to any third
545
MKX (CD9) Canada/United States of America, enUSA, ASO/OGC Review Appendices
