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Disclaimer of Liability: VISTEON 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 VISTEON 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: VISTEON 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 VISTEON (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 [“Netherlands” where European HERE Data is used], without
giving effect to (i) its conflict of law’s 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 [“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.
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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 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
CONTRACTOR (MANUFACTURER/SUPPLIER) NAME: HERE
CONTRACTOR
(MANUFACTURER/SUPPLIER) ADDRESS: 425 West Randolph
Street, Chicago, Illinois 60606
This Data is a commercial item as defined in FAR 2.101 and is subject to these End-
User Terms under which this Data was provided.
© 2013 HERE – All rights reserved.
If the Contracting Officer, federal government agency, or any federal official refuses
to use the legend provided herein, the Contracting Officer, federal government
agency, or any federal official must notify HERE prior to seeking additional or
alternative rights in the Data.
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