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December 2008 NAVIGON 5100 max User’s Guide vii
Version 2.1 NAVIGON, INC.
software; problems with equipment or services relating to your computers; problems with interme-
diate computer or communications networks or facilities; problems with data transmission facilities
or your telephone or telephone services; unauthorized access, theft, operator errors, severe
weather, earthquakes or labor disputes; or the termination of traffic data services or networks by
service providers of same.
9. THIRD PARTY SOFTWARE LICENSES
NAVIGON and the Hardware Device may make use of third party software. Notwithstanding the
terms and conditions of this License, use of some third party materials included in the Software
may be subject to other terms and conditions. The official third party copyright notices and spe-
cific license conditions of these third party software codes and algorithms are provided at the end
of this License. You hereby agree to the terms and conditions for such third party software.
10. REMEDIES FOR BREACH
You understand and agree that NAVIGON will not have adequate remedy at law for the material
breach or threatened breach by you, or your, agents, employees, representatives or subcontrac-
tors, of any one or more of the covenants set forth in this License, including, but not limited to,
Sections 3, 4, 5 and 6 of this License. You agree that in the event of any such material breach or
threatened breach, NAVIGON may, in addition to (but not in substitution for) the other remedies
which may be available to it either at law or in equity, file suit in equity to enjoin you from the
breach of or threatened breach of said covenants.
11. JURISDICTION AND DISPUTES; SEVERABILITY
11.1 This License is governed by the laws of the State of Illinois without regard to its conflict of
laws rules.
11.2 All disputes hereunder shall be resolved in the applicable state or federal courts of the
State of Illinois located within Cook County, Illinois. To the extent permitted by law the parties con-
sent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any
jurisdictional or venue defenses otherwise available.
11.3 If at any time any one or more of the provisions of this License become invalid, illegal or
unenforceable in any respect for any reason, the validity, legality and enforceability of any such
provision in every other respect and of the remaining provisions of this License shall not be in any
way impaired.
12. INTEGRATION
This License constitutes the entire understanding of the parties, and revokes and supersedes all
prior agreements, oral or written, between the parties, and is intended as a final expression of
their agreement. This License shall not be modified or amended except in writing signed by