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6 GPS Navigation Instruction Manual
or possession by you of the Product (including the
Data).
Canadian map data. The Map Data for Canada
may include or reflect data of licensors, including
Her Majesty and Canada Post. Such data is licensed
on an “as it is” basis. The licensors, including Her
Majesty and Canada Post, make no guarantees,
representations or warranties respecting such
data, either express or implied, arising by law
or otherwise, including but not limited to,
effectiveness, completeness, accuracy or fitness
for a particular purpose. The licensors, including
Her Majesty and Canada Post, shall not be liable 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 data or the Map Data. The
licensors, including Her Majesty and Canada Post,
shall not be liable in any way for loss of revenues
or contracts, or any other consequential loss of any
kind resulting from any defect in the data or the
Map Data. You shall indemnify and save harmless
the licensors, including Her Majesty the Queen,
the Minister of Natural Resources of Canada and
Canada Post and their officers, employees and
agents from and against any claim, demand or
action, irrespective of the nature of the cause
of the claim, demand or action, alleging loss,
costs, expenses, damages or injuries (including
injuries resulting in death) arising out of the use
or possession of the data or the Map Data. The
terms contained in this Section are in addition
to all of the rights and obligations of the parties
under the Agreement. To the extent that any
of the provisions of this Section are inconsistent
with, or conflict with, any other provisions of the
Agreement, the provisions of this Section shall
prevail.
United States Map Data. NAVTEQ holds a non-
exclusive licence from the United States Postal
Service® to publish and sell ZIP+4® information.
©United States Postal Service® 2010. Prices are not
established, controlled or approved by the United
States Postal Service®. The following trademarks
and registrations are owned by the USPS: United
States Postal Service, USPS and ZIP+4.
Canadian Map Data. Map Data for Canada
includes information taken with permission from
Canadian authorities, including ©Her Majesty,
©Queen's Printer for Ontario, ©Canada Post,
GeoBase®, ©Department of Natural Resources
Canada. All rights reserved.
Australian Map Data. Map Data for Australia is
based on data NAVTEQ has licensed from PSMA
Australia Limited (www.psma.com.au). In addition,
the Product incorporates data which is ©2010
Telstra Corporation Limited, GM Holden Limited,
Intelematics Australia Pty Ltd, Sentinel Content Pty
Limited and Continental Pty Ltd. If your Product
uses RDS-TMC Codes contained in the Map
Data, the traffic location codes are ©2010 Telstra
Corporation Limited and its licensors.
Term. This Agreement is effective until such time
as (i) if applicable, your subscription term is either
terminated (by you or by Garmin) or expires, or
(ii) Garmin terminates this Agreement for any
reason, including, but not limited to, if Garmin
finds that you have violated any of the terms of
this Agreement. In addition, this Agreement shall
terminate immediately upon the termination of an
agreement between Garmin and any third party
from whom Garmin licenses the Data.
Entire agreement. These terms and conditions
constitute the entire agreement between Garmin
(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.
(a) For European Union NAVTEQ Data
The above terms and conditions shall be governed
by the laws of the Netherlands, 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 the Netherlands for any and all disputes, claims
and actions arising from or in connection with the
NAVTEQ Data provided to you hereunder.
(b) For North American NAVTEQ Data and other
non-European Union NAVTEQ Data
The above terms and conditions shall be governed
by the laws of Illinois, 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 for any and
all disputes, claims and actions arising from or in
connection with the NAVTEQ Data provided to you
hereunder.
(c) For disputes, claims and actions not related to
the NAVTEQ Data
The above terms and conditions shall be governed
by the laws of Kansas, 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 Kansas for any
and all disputes, claims and actions arising from
End-User License Agreements