Ford 2015 Taurus User Manual download pdf (Page 525)

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101

5. Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO

CIRCUMSTANCES SHALL TELENAV OR ITS LICENSORS AND

SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY

INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY

DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO,

DAMAGES FOR THE INABILITY TO USE THE EQUIPMENT OR

ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF

PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF

THE USE OF OR INABILITY TO USE THE TELENAV SOFTWARE,

EVEN IF TELENAV HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES.

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.

524 Appendices

2015 Taurus

Owners Guide gf, 1st Printing, April 2014

USA (fus)

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