Ford 2013 Focus v.2 User Manual download pdf (Page 471)

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.

470 Appendices

2013 Focus (foc)

Owners Guide gf, 2nd Printing, November 2012

USA (fus)

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