2020 FORD ECOSPORT service

Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE ANDAGREE THAT USE OF THE DEVICES ANDSOFTWARE IS AT YOUR SOLE RISK ANDTHAT THE ENTIRE RISK AS TOSATISFACTORY QUALITY,PERFORMANCE, COMPATIBILITY,ACCURACY AND EFFORT IS WITH YOU.TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, THE SOFTWAREAND ANY THIRD PARTY SOFTWARE ORTHIRD-PARTY SERVICES ARE PROVIDED"AS IS" AND “AS AVAILABLE”, WITH ALLFAULTS AND WITHOUT WARRANTY OFANY KIND, AND FORD MOTOR COMPANYHEREBY DISCLAIMS ALL WARRANTIESAND CONDITIONS WITH RESPECT TOTHE SOFTWARE, THIRD PARTYSOFTWARE, AND THIRD-PARTYSERVICES, EITHER EXPRESS, IMPLIED ORSTATUTORY, INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIESAND/OR CONDITIONS OFMERCHANTABILITY, OF SATISFACTORYQUALITY, OF FITNESS FOR ANARTICULAR PURPOSE, OF ACCURACY,OF QUIET ENJOYMENT, ANDNON-INFRINGEMENT OF THIRD-PARTYRIGHTS. FORD MOTOR COMPANY DOESNOT WARRANT (a) AGAINSTINTERFERENCE WITH YOUR ENJOYMENTOF THE SOFTWARE, THIRD PARTYSOFTWARE, OR THIRD-PARTY SERVICES,(b) THAT THE SOFTWARE, THIRD PARTYSOFTWARE, OR THIRD-PARTY SERVICESWILL MEET YOUR REQUIREMENTS, (c)THAT THE OPERATION OF THESOFTWARE, THIRD PARTY SOFTWARE,OR THIRD-PARTY SERVICES WILL BEUNINTERRUPTED OR ERROR-FREE, (d)OR THAT DEFECTS IN THE SOFTWARE,THIRD PARTY SOFTWARE, ORTHIRD-PARTY SERVICES WILL BECORRECTED. NO ORAL OR WRITTENINFORMATION OR ADVICE GIVEN BYFORD MOTOR COMPANY OR ITSAUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THESOFTWARE, THIRD PARTY SOFTWARE,OR THIRD-PARTY SERVICES PROVEDEFECTIVE, YOU ASSUME THE ENTIRECOST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION. SOMEJURISDICTIONS DO NOT ALLOW THEDISCLAIMER OF IMPLIED WARRANTIESOR LIMITATIONS ON APPLICABLESTATUTORY RIGHTS OF A CONSUMER,SO THE ABOVE DISCLAIMER MAY NOTFULLY APPLY TO YOU. THE SOLEWARRANTY PROVIDED BY FORD MOTORCOMPANY SHALL BE FOUND IN THEWARRANTY INFORMATION INCLUDINGWITH YOUR OWNER GUIDE. TO THEEXTENT THAT THERE IS ANY CONFLICTBETWEEN THE TERMS OF THIS SECTIONAND THE WARRANTY BOOKLET, THEWARRANTY BOOKLET SHALL CONTROL.
Applicable Law, Venue, Jurisdiction
•The laws of the State of Michigangovern this EULA and Your use of theSOFTWARE. Your use of theSOFTWARE may also be subject toother local, state, national, orinternational laws. Any litigation arisingout of or related to this EULA shall bebrought and maintained exclusively ina court of the State of Michiganlocated in Wayne County or in theUnited States District Court for theEastern District of Michigan. You herebyconsent to submit to the personaljurisdiction of a court in the State ofMichigan located in Wayne County andthe United States District Court for theEastern District of Michigan for anydispute arising out of or relating to thisEULA.
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1. Safe and Lawful Use
You acknowledge that devoting attentionto the TeleNav Software may pose a riskof injury or death to you and others insituations that otherwise require yourundivided attention, and you thereforeagree to comply with the following whenusing the TeleNav Software:
(a) observe all traffic laws and otherwisedrive safely;
(b) use your own personal judgment whiledriving. If you feel that a route suggestedby the TeleNav Software instructs you toperform an unsafe or illegal maneuver,places you in an unsafe situation, or directsyou into an area that you consider to beunsafe, do not follow such instructions;
(c) do not input destinations, or otherwisemanipulate the TeleNav Software, unlessyour vehicle is stationary and parked;
(d) do not use the TeleNav Software forany illegal, unauthorized, unintended,unsafe, hazardous, or unlawful purposes,or in any manner inconsistent with thisAgreement;
(e) arrange all GPS and wireless devicesand cables necessary for use of theTeleNav Software in a secure manner inyour vehicle so that they will not interferewith your driving and will not prevent theoperation of any safety device (such as anairbag).
You agree to indemnify and hold TeleNavharmless against all claims resulting fromany dangerous or otherwise inappropriateuse of the TeleNav Software in any movingvehicle, including as a result of your failureto comply with the directions above.
2. Account Information
You agree: (a) when registering theTeleNav Software, to provide TeleNav withtrue, accurate, current, and completeinformation about yourself, and (b) toinform TeleNav promptly of any changesto such information, and to keep it true,accurate, current and complete.
3. Software License
•Subject to your compliance with theterms of this Agreement, TeleNavhereby grants to you a personal,non-exclusive, non-transferable license(except as expressly permitted belowin connection with your permanenttransfer of the TeleNav Softwarelicense), without the right tosublicense, to use the TeleNavSoftware (in object code form only) inorder to access and use the TeleNavSoftware. This license shall terminateupon any termination or expiration ofthis Agreement. You agree that you willuse the TeleNav Software only for yourpersonal business or leisure purposes,and not to provide commercialnavigation services to other parties.
3.1 License Limitations
•(a) reverse engineer, decompile,disassemble, translate, modify, alteror otherwise change the TeleNavSoftware or any part thereof; (b)attempt to derive the source code,audio library or structure of theTeleNav Software without the priorexpress written consent of TeleNav;(c) remove from the TeleNavSoftware, or alter, any of TeleNav's orits suppliers' trademarks, trade names,logos, patent or copyright notices, orother notices or markings; (d)
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HERE holds a non-exclusive license fromthe United States Postal Service® topublish and sell ZIP+4® information.
©United States Postal Service® 2014.Prices are not established, controlled orapproved by the United States PostalService®. The following trademarks andregistrations are owned by the USPS:United States Postal Service, USPS, andZIP+4
The Data for Mexico includes certain datafrom Instituto Nacional de Estadística yGeografía.
9.2 End User Terms Required by NAV2(Shanghai) Co., Ltd
The data (“Data”) is provided for yourpersonal, internal use only and not forresale. It is protected by copyright, and issubject to the following terms andconditions which are agreed to by you, onthe one hand, and NAV2 (Shanghai) Co.,Ltd (“NAV2”) and its licensors (includingtheir licensors and suppliers) on the otherhand. 20xx. All rights reserved
Terms and Conditions
Permitted Use. You agree to use this Datatogether with the Telenav Software solelyfor the internal business and personalpurposes for which you were licensed, andnot for service bureau, time-sharing orother similar purposes. Accordingly, butsubject to the restrictions set forth in thefollowing paragraphs, you agree not tootherwise reproduce, copy, modify,decompile, disassemble, create anyderivative works of, or reverse engineer anyportion of this Data, and may not transferor distribute it in any form, for any purpose,except to the extent permitted bymandatory laws.
Restrictions. Except where you have beenspecifically licensed to do so by Telenav,and without limiting the precedingparagraph, you may not use this Data (a)with any products, systems, or applicationsinstalled or otherwise connected to or incommunication with vehicles, capable ofvehicle navigation, positioning, dispatch,real time route guidance, fleetmanagement or similar applications; or (b)with or in communication with anypositioning devices or any mobile orwireless-connected electronic or computerdevices, including without limitationcellular phones, palmtop and handheldcomputers, pagers, and personal digitalassistants or PDAs.
Warning. The Data may containinaccurate or incomplete information dueto the passage of time, changingcircumstances, sources used and thenature of collecting comprehensivegeographic data, any of which may lead toincorrect results.
No Warranty. This Data is provided to you“as is,” and you agree to use it at your ownrisk. Telenav and its licensors (and theirlicensors and suppliers) make noguarantees, representations or warrantiesof any kind, express or implied, arising bylaw or otherwise, including but not limitedto, content, quality, accuracy,completeness, effectiveness, reliability,fitness for a particular purpose, usefulness,use or results to be obtained from thisData, or that the Data or server will beuninterrupted or error-free.
Disclaimer of Warranty: TELENAV ANDITS LICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) DISCLAIMANY WARRANTIES, EXPRESS OR IMPLIED,OF QUALITY, PERFORMANCE,MERCHANTABILITY, FITNESS FOR A
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NOTICE OF USE
CONTRACTOR (MANUFACTURER/SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS: c/o Nokia, 425West Randolph Street, Chicago, Illinois60606
This Data is a commercial item asdefined in FAR 2.101 and is subject tothese End-User Terms under which thisData was provided.
© 1987 – 2014 HERE – All rights reserved.
If the Contracting Officer, federalgovernment agency, or any federal officialrefuses to use the legend provided herein,the Contracting Officer, federalgovernment agency, or any federal officialmust notify HERE prior to seekingadditional or alternative rights in the Data.
I. US/Canada Territory
A. United States Data. The End-UserTerms for any Application containingData for the United States shall containthe following notices:
“HERE holds a non-exclusive licensefrom the United States PostalService® to publish and sell ZIP+4®information.”
“©United States Postal Service®20XX. Prices are not established,controlled or approved by the UnitedStates Postal Service®. The followingtrademarks and registrations areowned by the USPS: United StatesPostal Service, USPS, and ZIP+4.”
B. Canada Data. The following provi-sions apply to the Data for Canada,which may include or reflect data fromthird party licensors (“Third PartyData”), including Her Majesty the Queenin Right of Canada (“Her Majesty”),Canada Post Corporation (“CanadaPost”) and the Department of NaturalResources of Canada (“NRCan”):
1. Disclaimer and Limitation: Clientagrees that its use of the Third PartyData is subject to the following provi-sions:
a. Disclaimer: The Third Party Datais licensed on an “as is” basis. Thelicensors of such data, including HerMajesty, Canada Post and NRCan,make no guarantees, representa-tions or warranties respecting suchdata, either express or implied,arising by law or otherwise, includingbut not limited to, effectiveness,completeness, accuracy or fitnessfor a particular purpose.
b. Limitation on Liability: The ThirdParty Data licensors, including HerMajesty, Canada Post and NRCan,shall not be liable: (i) in respect ofany claim, demand or action, irre-spective of the nature of the causeof the claim, demand or actionalleging any loss, injury or damages,direct or indirect, which may resultfrom the use or possession of suchData; or (ii) in any way for loss ofrevenues or contracts, or any otherconsequential loss of any kindresulting from any defect in theData.
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II. Mexico. The following provision appliesto the Data for Mexico, which includescertain data from the Instituto Nacionalde Estadística y Geografía (“INEGI”):
A. Any and all copies of the Data and/orpackaging containing Data for Mexicoshall contain the following notice:“Fuente: INEGI (Instituto Nacional deEstadística y Geografía)”
III. Latin America Territory
A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
NoticeTerritory
IGN “INSTITUTOGEOGRAFICO NACIONALARGENTINO”
Argen-tina
“INSTITUTO GEOGRAFICOMILITAR DEL ECUADORAUTORIZACION N° IGM-2011-01- PCO-01 DEL 25 DEENERO DE 2011”
Ecuador
“source: © IGN 2009 - BDTOPO ®”
“Fuente: INEGI (InstitutoNacional de Estadística yGeografía)”
Guade-loupe,FrenchGuianaandMarti-niqueMexico
IV. Middle East Territory
A. Third Party Notices. Any and all copiesof the Data and/or packaging relatingthereto shall include the respective ThirdParty Notices set forth below and usedas described below corresponding tothe Territory (or portion thereof)included in such copy:
NoticeCountry
“© Royal JordanianGeographic Centre”. Theforegoing notice requirementfor Jordan Data is a materialterm of the Agreement. IfClient or any of its permitted
Jordan
sublicensees (if any) fail tomeet such requirement,HERE shall have the right toterminate Client’s licensewith respect to the JordanData.
B. Jordan Data. Client and its permittedsublicensees (if any) are restricted fromlicensing and/or otherwise distributingHERE’s database for the country ofJordan (“Jordan Data”) for use in Enter-prise Applications to (i) non-Jordanianentities for use of the Jordan Data solelyin Jordan or (ii) Jordan-based customers.In addition, Client, its permitted subli-censees (if any) and End-Users arerestricted from using the Jordan Data inEnterprise Applications if such party is(i) a non-Jordanian entity using theJordan Data solely in Jordan or (ii) aJordan-based customer. For purposesof the foregoing,“Enterprise Applica-tions” shall mean Geomarketing applic-ations, GIS applications, mobile businessasset management applications, callcenter applications, telematics applica-tions, public organization Internetapplications or for providing geocodingservices.
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Product incorporates data which is ©20XX Telstra Corporation Limited, GMHolden Limited, Intelematics AustraliaPty Ltd and Continental Pty Ltd.
B. Third Party Notices for Australia. Inaddition to the foregoing, the End-UserTerms for any Application containingRDS-TMC Traffic Codes for Australiashall contain the following notice:“Product incorporates traffic locationcodes which is © 20XX Telstra Corpora-tion Limited and its licensors.”
AT&T Vehicle Network CarrierTelematics Disclosure
END USER FOR PURPOSES OF THISSECTION MEANS YOU AND YOUR HEIRS,EXECUTORS, LEGAL PERSONALREPRESENTATITVES AND PERMITEDASSIGNS. FOR PURPOSES OF THISSECTION “UNDERLYING WIRELESSSERVICE CARRIER” INCLUDES ITSAFFILIATES AND CONTRACTORS ANDTHEIR RESPECTIVE OFFICERS,DIRECTORS, EMPLOYEES, SUCCESSORSAND ASSIGNS. END USER HAS NOCONTRACTUAL RELATIONSHIP WITHTHE UNDERLYING WIRELESS SERVICECARRIER AND END USER IS NOT A THIRDPARTY BENEFICIARY OF ANYAGREEMENT BETWEEN FORD ANDUNDERLYING CARRIER. END USERUNDERSTANDS AND AGREES THAT THEUNDERLYING CARRIER HAS NO LEGAL,EQUITABLE, OR OTHER LIABILITY OF ANYKIND TO END USER. IN ANY EVENT,REGARDLESS OF THE FORM OF THEACTION, WHETHER FOR BREACH OFCONTRACT, WARRANTY, NEGLIGENCE,STRICT LIABILITY IN TORT OROTHERWISE, END USER'S EXCLUSIVEREMEDY FOR CLAIMS ARISING IN ANYWAY IN CONNECTION WITH THISAGREEMENT, FOR ANY CAUSEWHATSOEVER, INCLUDING BUT NOTLIMITED TO ANY FAILURE OR
DISRUPTION OF SERVICE PROVIDEDHEREUNDER, IS LIMITED TO PAYMENTOF DAMAGES IN AN AMOUNT NOT TOEXCEED THE AMOUNT PAID BY END USERFOR THE SERVICES DURING THETWO-MONTH PERIOD PRECEDING THEDATE THE CLAIM AROSE.
(ii) END USER AGREES TO INDEMNIFYAND HOLD HARMLESS THE UNDERLYINGWIRELESS SERVICE CARRIER AND ITSOFFICERS, EMPLOYEES, AND AGENTSAGAINST ANY AND ALL CLAIMS,INCLUDING WITHOUT LIMITATIONCLAIMS FOR LIBEL, SLANDER, OR ANYPROPERTY DAMAGE, PERSONAL INJURYOR DEATH, ARISING IN ANY WAY,DIRECTLY OR INDIRECTLY, INCONNECTION WITH THIS AGREEMENTOR THE USE, FAILURE TO USE, ORINABILITY TO USE THE DEVICE EXCEPTWHERE THE CLAIMS RESULT FROM THEUNDERLYING CARRIER’S GROSSNEGLIGENCE OR WILLFUL MISCONDUCT.THIS INDEMNITY WILL SURVIVE THETERMINATION OF THE AGREEMENT.
(iii) END USER HAS NO PROPERTY RIGHTIN ANY NUMBER ASSIGNED TO THEDEVICE.
(iv) END USER UNDERSTANDS THATFORD AND THE UNDERLYING CARRIERCANNOT GUARANTY THE SECURITY OFWIRELESS TRANSMISSIONS, AND WILLNOT BE LIABLE FOR ANY LACK OFSECURITY RELATING TO THE USE OF THESERVICES
THE SERVICE IS FOR [END USER’S] USEONLY AND END USER MAY NOT RESELLTHE SERVICE TO ANY OTHER PARTY ENDUSER UNDERSTANDS THAT THEUNDERLYING CARRIER DOES NOTGUARANTEE ANY END USERUNINTERRUPTED SERVICE ORCOVERAGE. THE UNDERLYING CARRIERDOES NOT WARRANT THAT END USERSCAN OR WILL BE LOCATED USING THESERVICE. THE UNDERLYING CARRIER
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MAKES NO WARRANTY, EXPRESS ORIMPLIED, OF MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE,SUITABILITY, OR PERFORMANCEREGARDING ANY SERVICES OR GOODS,AND IN NO EVENT SHALL AT&T BELIABLE, WHETHER OR NOT DUE TO ITSOWN NEGLIGENCE, FOR ANY: (A) ACT OROMISSION OF A THIRD PARTY; (B)MISTAKES, OMISSIONS, INTERRUPTIONS,ERRORS, FAILURES TO TRANSMIT,DELAYS, OR DEFECTS IN THE SERVICEPROVIDED BY OR THROUGH THEUNDERLYING CARRIER; (C) DAMAGE ORINJURY CAUSED BY SUSPENSION ORTERMINATION BY THE UNDERLYINGCARRIER; OR (D) DAMAGE OR INJURYCAUSED BY A FAILURE OR DELAY INCONNECTING A CALL TO ANY ENTITY,INCLUDING 911 OR ANY OTHEREMERGENCY SERVICE. TO THE FULLEXTENT ALLOWED BY LAW, THE ENDUSER RELEASES, INDEMNIFIES ANDHOLDS THE UNDERLYING CARRIERHARMLESS FROM AND AGAINST ANYAND ALL CLAIMS OF ANY PERSON ORENTITY FOR DAMAGES OF ANY NATUREARISING IN ANY WAY FROM OR RELATINGTO, DIRECTLY OR INDIRECTLY, SERVICESPROVIDED BY THE UNDERLYING CARRIEROR ANY PERSON’S USE THEREOF,INCLUDING CLAIMS ARISING IN WHOLEOR IN PART FROM THE ALLEGEDNEGLIGENCE OF THE UNDERLYINGCARRIER.
VII. China Territory
Personal Use Only
You agree to use this Data together with[insert name of Client Application] for thesolely personal, non-commercial purposesfor which you were licensed, and not forservice bureau, time-sharing or othersimilar purposes. Accordingly, but subjectto the restrictions set forth in the followingparagraphs, you may copy this Data onlyas necessary for your personal use to (i)
view it, and (ii) save it, provided that youdo not remove any copyright notices thatappear and do not modify the Data in anyway. You agree not to otherwise reproduce,copy, modify, decompile, disassemble orreverse engineer any portion of this Data,and may not transfer or distribute it in anyform, for any purpose, except to the extentpermitted by mandatory laws.
Restrictions
Except where you have been specificallylicensed to do so by NAV2 , and withoutlimiting the preceding paragraph, you maynot (a) use this Data with any products,systems, or applications installed orotherwise connected to or incommunication with vehicles, capable ofvehicle navigation, positioning, dispatch,real time route guidance, fleetmanagement or similar applications; or (b)with or in communication with anypositioning devices or any mobile orwireless-connected electronic or computerdevices, including without limitationcellular phones, palmtop and handheldcomputers, pagers, and personal digitalassistants or PDAs. You agree to ceaseusing this Data if you fail to comply withthese terms and conditions.
Limited Warranty
NAV2 warrants that (a) the Data willperform substantially in accordance withthe accompanying written materials for aperiod of ninety (90) days from the dateof receipt, and (b) any support servicesprovided by NAV2 shall be substantially asdescribed in applicable written materialsprovided to you by NAV2, and NAV2’ssupport engineers will make commerciallyreasonable efforts to solve any problemissues.
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rigCustomer Remedies
NAV2 and its suppliers’ entire liability andyour exclusive remedy shall be, at NAV2’ssole discretion, either (a) return of the pricepaid, if any, or (b) repair or replacement ofthe Data that do not meet NAV2’s LimitedWarranty and that are returned to NAV2with a copy of your receipt. This LimitedWarranty is void if failure of the Data hasresulted from accident, abuse, ormisapplication. Any replacement Data willbe warranted for the remainder of theoriginal warranty period or thirty (30) days,whichever is longer. Neither these remediesnor any product support services offeredby NAV2 are available without proof ofpurchase from an authorized internationalsource.
No Other Warranty:
EXCEPT FOR THE LMITED WARRANTYSET FORTH ABOVE AND TO THE EXTENTPERMITTED BY APPLICABLE LAW, NAV2AND ITS LICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) DISCLAIMANY WARRANTIES, EXPRESS OR IMPLIED,OF QUALITY, PERFORMANCE,MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, OWNERSHIP ORNON-INFRINGEMENT. Certain warrantyexclusions may not be permitted underapplicable law, so to that extent the aboveexclusion may not apply to you.
Limited Liability:
TO THE EXTENT PERMITTED BYAPPLICABLE LAW, NAV2 AND ITSLICENSORS (INCLUDING THEIRLICENSORS AND SUPPLIERS) SHALL NOTBE LIABLE TO YOU: IN RESPECT OF ANYCLAIM, DEMAND OR ACTION,IRRESPECTIVE OF THE NATURE OF THECAUSE OF THE CLAIM, DEMAND ORACTION ALLEGING ANY LOSS, INJURY ORDAMAGES, DIRECT OR INDIRECT, WHICHMAY RESULT FROM THE USE ORPOSSESSION OF THE INFORMATION; OR
FOR ANY LOSS OF PROFIT, REVENUE,CONTRACTS OR SAVINGS, OR ANYOTHER DIRECT, INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGESARISING OUT OF YOUR USE OF ORINABILITY TO USE THIS INFORMATION,ANY DEFECT IN THE INFROMATION, ORTHE BREACH OF THESE TERMS ORCONDITIONS, WHETHER IN AN ACTIONIN CONTRACT OR TORT OR BASED ON AWARRANTY, EVEN IF NAV2 OR ITSLICENSORS HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. UNDERNO CIRCUMSTANCES SHALL NAV2’s ORITS SUPPLIERS’ LIABILITY HEREUNDEREXCEED THE PRICE PAID. Certain liabilityexclusions may not be permitted underapplicable law, so to that extent the aboveexclusion may not apply to you.
Export Control
You agree not to export to anywhere anypart of the Data provided to you or anydirect product thereof except incompliance with, and with all licenses andapprovals required under, applicableexport laws, rules and regulations.
IP Protection
The Data are owned by NAV2 or itssuppliers and are protected by applicablecopyright and other intellectual propertylaw and treaties. The Data are providedsolely on the basis of a license to use, notsale.
Entire Agreement
These terms and conditions constitute theentire agreement between NAV2(and itslicensors, including their licensors andsuppliers) and you pertaining to the subjectmatter hereof, and supersedes in theirentirety any and all written or oralagreements previously existing betweenus with respect to such subject matter.
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