Eclipse AVN5500 User Manual page 153

Disclaimer of Liability:
[LICENSEE] 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 [LICENSEE] 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 agree not to export from anywhere any part of the Data provided to you or any direct
product thereof except in compliance with, and with all licenses and approvals required under,
applicable export laws, rules and regulations.
Entire Agreement.
These terms and conditions constitute the entire agreement between [LICENSEE] (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 Illinois [insert "the
Netherlands" where European Licensed 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 Illinois [insert
"the Netherlands" where European Licensed 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 Licensed 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, (i) for acquisitions conducted by the Department of Defense, the Licensed
Data is licensed with "Limited Rights" in accordance with the rights set forth at DFARS
252.227-7013(b)(3), TECHNICAL DATA-NONCOMMERCIAL ITEMS, and Licensed Data
delivered or otherwise furnished with "Limited Rights" shall be marked with the following
"Limited Rights Notice" set forth at DFARS 252.227-7013(f)(3), and shall be treated in
accordance with such Notice:
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