Ford 2013 Fusion v.1 Manuel d'utilisateur Page 418

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Disclaimer of Warranty: NT AND ITS
LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED,
OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some States,
Territories and Countries do not allow
certain warranty exclusions, so to that
extent the above exclusion may not apply
to you.
Disclaimer of Liability: NT AND ITS
LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) SHALL NOT
BE LIABLE TO YOU 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 THIS DATA; OR FOR ANY
LOSS OF PROFIT, REVENUE, CONTRACTS
OR SAVINGS, OR ANY OTHER DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING
OUT OF YOUR USE OF OR INABILITY TO
USE THIS DATA, ANY DEFECT IN THIS
DATA, OR THE BREACH OF THESE TERMS
OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR
BASED ON A WARRANTY, EVEN IF NT OR
ITS LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Some States, Territories and Countries do
not allow certain liability exclusions or
damages limitations, so to that extent the
above may not apply to you.
Export Control: You agree not to export
from anywhere any part of the Data or any
direct product thereof except in
compliance with, and with all licenses and
approvals required under, applicable
export laws, rules and regulations,
including but not limited to the laws, rules
and regulations administered by the Office
of Foreign Assets Control of the U.S.
Department of Commerce and the Bureau
of Industry and Security of the U.S.
Department of Commerce. To the extent
that any such export laws, rules or
regulations prohibit NT from complying
with any of its obligations hereunder to
deliver or distribute Data, such failure shall
be excused and shall not constitute a
breach of this Agreement.
Entire Agreement: These terms and
conditions constitute the entire agreement
between NT (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.
Severability: You and NT agree that if any
portion of this agreement is found illegal
or unenforceable, that portion shall be
severed and the remainder of the
Agreement shall be given full force and
effect.
Governing Law: The above terms and
conditions shall be governed by the laws
of the State 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 personal jurisdiction
of the State of Illinois for any and all
disputes, claims and actions arising from
or in connection with the Data provided to
you hereunder.
416
Appendices
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