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LIABILITY OR OTHER THEORY ARISING OUT OF ANY CLAIM
THAT THE JEPPESEN NAVDATA, OBSTACLE AND TERRAIN
DATA
OR
OTHER
OUTSIDE
SOURCE
MATERIAL
IS
DEFECTIVE, UNRELIABLE, UNSAFE OR FAILS TO CONFORM
WITH ANY GOVERNMENT STANDARD OR REGULATION.
SOME STATES DO NOT ALLOW LIMITATIONS ON THE
LENGTH OF AN IMPLIED WARRANTY OR THE EXCLUSION
OR
LIMITATION
OF
INDIRECT,
INCIDENTAL
OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSIONS MAY NOT APPLY TO END-USER.
If an arbitration panel or court of competent jurisdiction determines that
relevant laws in force may imply warranties and liabilities which
cannot be excluded or limited or which can only partly be excluded or
limited, then the limit on Jeppesen's liability set forth herein shall apply
to the fullest extent permitted by law. If Jeppesen cannot exclude or
limit a warranty or liability implied by law, this agreement shall be read
and construed subject to such provisions of law.
EXPORT COMPLIANCE.
End-user shall be responsible for its
compliance with any applicable export control restrictions, laws and
regulations as may be modified from time to time, imposed by the
governments of the U.S. and, if applicable, other countries. End-user
shall not attempt to, or knowingly export or re-export Jeppesen
NavData, Obstacle and/or Terrain Data to any country, or national
thereof, prohibited from obtaining Jeppesen NavData, Obstacle and/or
Terrain Data, either directly or indirectly through affiliates, licensees or
subsidiaries of end-user.
GOVERNING
LAW.
THIS
AGREEMENT
WILL
BE
INTERPRETED UNDER AND GOVERNED BY THE LAW OF THE
STATE OF COLORADO, U.S.A., EXCEPT THAT COLORADO'S
CONFLICTS OF LAWS RULES WILL NOT BE INVOKED FOR
THE PURPOSES OF APPLYING THE LAW OF ANOTHER
JURISDICTION. THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS
WILL NOT APPLY TO THIS AGREEMENT.
82046-PG-B1
ST3400H PILOT'S GUIDE
Page 17-4
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