Ford explorer Manuel d'utilisateur télécharger pdf (Page 553)

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.

552 Appendices

2014 Explorer (exp)

Owners Guide gf, 1st Printing, April 2013

USA (fus)

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Ford explorer Manuel d'utilisateur Page 553

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