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APPENDIX
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, IN-
JURY OR DAMAGES, DIRECT OR IN-
DIRECT, WHICH MAY RESULT FROM
THE USE OR POSSESSION OF THE
INFORMATION; OR FOR ANY LOSS
OF PROFIT, REVENUE, CONTRACTS
OR SAVINGS, OR ANY OTHER DI-
RECT, INDIRECT, INCIDENTAL, SPE-
CIAL OR CONSEQUENTIAL DAM-
AGES ARISING OUT OF YOUR USE
OF OR INABILITY TO USE THIS IN-
FORMATION, ANY DEFECT IN THE IN-
FORMATION, OR THE BREACH OF
THESE TERMS OR CONDITIONS,
WHETHER IN AN ACTION IN CON-
TRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF [CLIENT] OR ITS
LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAM-
AGES.
Some States, Territories and
Countries do not allow certain liability ex-
clusions or damages limitations, so to
that extent the above may not apply to
you.
226
Export Control. You agree not to export
from anywhere any part of the Data pro-
vided to you or any direct product thereof
except in compliance with, and with all li-
censes and approvals required under,
applicable export laws, rules and regula-
tions.
Entire Agreement. These terms and con-
ditions constitute the entire agreement
between [CLIENT] (and its licensors, in-
cluding their licensors and suppliers) and
you pertaining to the subject matter here-
of, and supersedes in their entirety any
and all written or oral agreements pre-
viously 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, without giving ef-
fect 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 con-
nection 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 "com-
mercial item" as that term is defined at 48
C.F.R. ("FAR") 2.101, is licensed in ac-
cordance with these End User Terms,
and each copy of the Data delivered or
otherwise furnished shall be marked and
embedded as appropriate with the fol-
lowing "Notice of Use," and shall be
treated in accordance with such Notice:
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