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Appendices
473
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR
ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR
GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE), THE ENTIRE LIABILITY OF
TELENAV AND OF ALL OF TELENAV'S SUPPLIERS SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE
TELENAV SOFTWARE. SOME STATES AND/OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU.
6. Arbitration and Governing Law
You agree that any dispute, claim or controversy arising out of or relating to
this Agreement or the Telenav Software shall be settled by independent
arbitration involving a neutral arbitrator and administered by the American
Arbitration Association in the County of Santa Clara, California. The
arbitrator shall apply the Commercial Arbitration Rules of the American
Arbitration Association, and the judgment upon the award rendered by the
arbitrator may be entered by any court having jurisdiction. Note that there is
no judge or jury in an arbitration proceeding and the decision of the
arbitrator shall be binding upon both parties. You expressly agree to waive
your right to a jury trial.
This Agreement and performance hereunder will be governed by and
construed in accordance with the laws of the State of California, without
giving effect to its conflict of laws provisions. To the extent judicial action is
necessary in connection with the binding arbitration, both Telenav and you
agree to submit to the exclusive jurisdiction of the courts of the County of
Santa Clara, California. The United Nations Convention on Contracts for the
International Sale of Goods shall not apply.
7. Assignment
You may not resell, assign, or transfer this Agreement or any of your
rights or obligations, except in totality, in connection with your
permanent transfer of the Telenav Software, and expressly conditioned
upon the new user of the Telenav Software agreeing to be bound by the
terms and conditions of this Agreement. Any such sale, assignment or
transfer that is not expressly permitted under this paragraph will result
in immediate termination of this Agreement, without liability to Telenav,
in which case you and all other parties shall immediately cease all use of
the Telenav Software. Notwithstanding the foregoing, Telenav may assign
this Agreement to any other party at any time without notice, provided
the assignee remains bound by this Agreement.
2014 MKT (mkt)
Owners Guide gf, 2nd Printing, December 2013
USA (fus)
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