LINCOLN NAVIGATOR 2017 Owners Manual

you three incentives: (1) pay the greater
of the award or $1,000; (2) pay twice your
reasonable attorney’
s fees, if any; and (3)
reimburse any expenses (including expert
witness fees and costs) that your attorney
reasonably accrues for investigating,
preparing, and pursuing your claim in
arbitration. The arbitrator will determine
the amounts.
• ii. Disputes involving more than $75,000.
The AAA rules will govern payment of
filing fees and the AAA’ s and arbitrator’s
fees and expenses.
• iii. Disputes involving any amount. In any
arbitration you commence, FORD
MOTOR COMPANY will seek its AAA or
arbitrator’ s fees and expenses, or Your
filing fees it reimbursed, only if the
arbitrator finds the arbitration frivolous
or brought for an improper purpose. In
any arbitration FORD MOTOR COMPANY
commences, it will pay all filing, AAA, and
arbitrator’ s fees and expenses. It will not
seek its attorney’ s fees or expenses from
you in any arbitration. Fees and expenses
are not counted in determining how
much a dispute involves. (h) Claims or disputes must be filed within
one year. To the extent permitted by law,
any claim or dispute under this EULA to
which this Section applies must be filed
within one year in small claims court (Section
c) or in arbitration (Section d). The one-year
period begins when the claim or dispute first
could be filed. If such a claim or dispute is
not filed within one year, it is permanently
barred.
(I) Severability.
If the class action waiver
(Section e) is found to be illegal or
unenforceable as to all or some parts of a
dispute, then that portion of Section e will
not apply to those parts. Instead, those parts
will be severed and proceed in a court of
law, with the remaining parts proceeding in
arbitration. If any other provision of that
portion Section e is found to be illegal or
unenforceable, that provision will be severed
with the remainder of Section e remaining in
full force and effect. Telenav Software End User License
Agreement
Please read these terms and conditions
carefully before you use the TeleNav
Software. Your use of the TeleNav Software
indicates that you accept these terms and
conditions. If you do not accept these terms
and conditions, do not break the seal of the
package, launch, or otherwise use the
TeleNav Software. TeleNav may revise this
Agreement and the privacy policy at any
time, with or without notice to you. You agree
to visit http://www.telenav.com from time to
time to review the then current version of
this Agreement and of the privacy policy.
1. Safe and Lawful Use
You acknowledge that devoting attention to
the TeleNav Software may pose a risk of
injury or death to you and others in situations
that otherwise require your undivided
attention, and you therefore agree to comply
with the following when using the TeleNav
Software:
(a) observe all traffic laws and otherwise drive
safely;
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(b) use your own personal judgment while
driving. If you feel that a route suggested by
the TeleNav Software instructs you to
perform an unsafe or illegal maneuver,
places you in an unsafe situation, or directs
you into an area that you consider to be
unsafe, do not follow such instructions;
(c) do not input destinations, or otherwise
manipulate the TeleNav Software, unless
your vehicle is stationary and parked;
(d) do not use the TeleNav Software for any
illegal, unauthorized, unintended, unsafe,
hazardous, or unlawful purposes, or in any
manner inconsistent with this Agreement;
(e) arrange all GPS and wireless devices and
cables necessary for use of the TeleNav
Software in a secure manner in your vehicle
so that they will not interfere with your
driving and will not prevent the operation of
any safety device (such as an airbag).
You agree to indemnify and hold TeleNav
harmless against all claims resulting from any
dangerous or otherwise inappropriate use
of the TeleNav Software in any moving
vehicle, including as a result of your failure
to comply with the directions above.
2. Account Information
You agree: (a) when registering the TeleNav
Software, to provide TeleNav with true,
accurate, current, and complete information
about yourself, and (b) to inform TeleNav
promptly of any changes to such information,
and to keep it true, accurate, current and
complete.
3. Software License
•
Subject to your compliance with the
terms of this Agreement, TeleNav hereby
grants to you a personal, non-exclusive,
non-transferable license (except as
expressly permitted below in connection
with your permanent transfer of the
TeleNav Software license), without the
right to sublicense, to use the TeleNav
Software (in object code form only) in
order to access and use the TeleNav
Software. This license shall terminate
upon any termination or expiration of this
Agreement. You agree that you will use
the TeleNav Software only for your
personal business or leisure purposes,
and not to provide commercial navigation
services to other parties. 3.1 License Limitations
•
(a) reverse engineer, decompile,
disassemble, translate, modify, alter or
otherwise change the TeleNav Software
or any part thereof; (b) attempt to derive
the source code, audio library or
structure of the TeleNav Software without
the prior express written consent of
TeleNav;
(c) remove from the TeleNav
Software, or alter, any of TeleNav's or its
suppliers' trademarks, trade names,
logos, patent or copyright notices, or
other notices or markings;
(d) distribute,
sublicense or otherwise transfer the
TeleNav Software to others, except as
part of your permanent transfer of the
TeleNav Software; or (e) use the TeleNav
Software in any manner that
I. infringes the intellectual property or
proprietary rights, rights of publicity or
privacy or other rights of any party,
ii. violates any law, statute, ordinance or
regulation, including but not limited to laws
and regulations related to spamming, privacy,
consumer and child protection, obscenity or
defamation, or
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iii. is harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene,
libelous, or otherwise objectionable; and (f )
lease, rent out, or otherwise permit
unauthorized access by third parties to the
TeleNav Software without advanced written
permission of TeleNav.
4. Disclaimers
•
To the fullest extent permissible pursuant
to applicable law, in no event will
TeleNav, its licensors and suppliers, or
agents or employees of any of the
foregoing, be liable for any decision
made or action taken by you or anyone
else in reliance on the information
provided by the TeleNav Software.
TeleNav also does not warrant the
accuracy of the map or other data used
for the TeleNav Software. Such data may
not always reflect reality due to, among
other things, road closures, construction,
weather, new roads and other changing
conditions. You are responsible for the
entire risk arising out of your use of the
TeleNav Software. For example but
without limitation, you agree not to rely on the TeleNav Software for critical
navigation in areas where the well-being
or survival of you or others is dependent
on the accuracy of navigation, as the
maps or functionality of the TeleNav
Software are not intended to support
such high risk applications, especially in
more remote geographical areas.
• TELENAV EXPRESSLY DISCLAIMS AND
EXCLUDES ALL WARRANTIES IN
CONNECTION WITH THE TELENAV
SOFTWARE, WHETHER STATUTORY,
EXPRESS OR IMPLIED, INCLUDING ALL
WARRANTIES WHICH MAY ARISE FROM
COURSE OF DEALING, CUSTOM OR
TRADE AND INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY
RIGHTS WITH RESPECT TO THE
TELENAV SOFTWARE.
• Certain jurisdictions do not permit the
disclaimer of certain warranties, so this
limitation may not apply to you. 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
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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 law 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.
8. Miscellaneous
8.1
This Agreement constitutes the entire
agreement between TeleNav and you with
respect to the subject matter hereof.
8.2
Except for the limited licenses expressly
granted in this Agreement, TeleNav retains
all right, title and interest in and to the
TeleNav Software, including without
limitation all related intellectual property
rights. No licenses or other rights which are
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not expressly granted in this Agreement are
intended to, or shall be, granted or conferred
by implication, statute, inducement, estoppel
or otherwise, and TeleNav and its suppliers
and licensors hereby reserve all of their
respective rights other than the licenses
explicitly granted in this Agreement.
8.3
By using the TeleNav Software, you consent
to receive from TeleNav all communications,
including notices, agreements, legally
required disclosures or other information in
connection with the TeleNav Software
(collectively, "Notices") electronically.
TeleNav may provide such Notices by
posting them on TeleNav's Website or by
downloading such Notices to your wireless
device. If you desire to withdraw your
consent to receive Notices electronically,
you must discontinue your use of the
TeleNav Software.
8.4
TeleNav's or your failure to require
performance of any provision shall not affect
that party's right to require performance at
any time thereafter, nor shall a waiver of any
breach or default of this Agreement
constitute a waiver of any subsequent breach
or default or a waiver of the provision itself.
8.5
If any provision herein is held unenforceable,
then such provision will be modified to reflect
the intention of the parties, and the
remaining provisions of this Agreement will
remain in full force and effect.
8.6
The headings in this Agreement are for
convenience of reference only, will not be
deemed to be a part of this Agreement, and
will not be referred to in connection with the
construction or interpretation of this
Agreement. As used in this Agreement, the
words "include" and "including" and
variations thereof, will not be deemed to be
terms of limitation, but rather will be deemed
to be followed by the words "without
limitation".
9. Other Vendors Terms and Conditions
•
The Telenav Software utilizes map and
other data licensed to Telenav by third
party vendors for the benefit of you and
other end users. This Agreement includes
end-user terms applicable to these
companies (included at the end of this
Agreement), and thus your use of the
Telenav Software is also subject to such
terms. You agree to comply with the
following additional terms and conditions,
which are applicable to Telenav’ s third
party vendor licensors::
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9.1 End User Terms Required by HERE
North America, LLC
The data (“Data
”) is provided for your
personal, internal use only and not for resale.
It is protected by copyright, and is subject to
the following terms and conditions which are
agreed to by you, on the one hand, and
Telenav (“Telenav”) and its licensors
(including their licensors and suppliers) on
the other hand.
© 2013 HERE. All rights reserved.
The Data for areas of Canada includes
information taken with permission from
Canadian authorities, including: © Her
Majesty the Queen in Right of Canada, ©
Queen's Printer for Ontario, © Canada Post
Corporation, GeoBase®, © Department of
Natural Resources Canada.
HERE holds a non-exclusive license from the
United States Postal Service® to publish and
sell ZIP+4® information. ©United States Postal Service® 2014. Prices
are not established, controlled or approved
by the United States Postal Service®. The
following trademarks and registrations are
owned by the USPS: United States Postal
Service, USPS, and ZIP+4
The Data for Mexico includes certain data
from Instituto Nacional de Estadística y
Geografía.
9.2 End User Terms Required by NAV2
(Shanghai) Co., Ltd
The data (“Data
”) is provided for your
personal, internal use only and not for resale.
It is protected by copyright, and is subject to
the following terms and conditions which are
agreed to by you, on the one hand, and
NAV2 (Shanghai) Co., Ltd (“NAV2”) and its
licensors (including their licensors and
suppliers) on the other hand. 20xx. All rights
reserved Terms and Conditions
Permitted Use. You agree to use this Data
together with the Telenav Software solely
for the internal business and personal
purposes for which you were licensed, and
not for service bureau, time-sharing or other
similar purposes. Accordingly, but subject to
the restrictions set forth in the following
paragraphs, you agree not to otherwise
reproduce, copy, modify, decompile,
disassemble, create any derivative works of,
or reverse engineer any portion of this Data,
and may not transfer or distribute it in any
form, for any purpose, except to the extent
permitted by mandatory laws.
Restrictions.
Except where you have been
specifically licensed to do so by Telenav, and
without limiting the preceding paragraph,
you may not use this Data (a) with any
products, systems, or applications installed
or otherwise connected to or in
communication with vehicles, capable of
vehicle navigation, positioning, dispatch, real
time route guidance, fleet management or
similar applications; or (b) with or in
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communication with any positioning devices
or any mobile or wireless-connected
electronic or computer devices, including
without limitation cellular phones, palmtop
and handheld computers, pagers, and
personal digital assistants or PDAs.
Warning. The Data may contain inaccurate
or incomplete information due to the
passage of time, changing circumstances,
sources used and the nature of collecting
comprehensive geographic data, any of
which may lead to incorrect results.
No Warranty.
This Data is provided to you
“as is, ” and you agree to use it at your own
risk. Telenav and its licensors (and their
licensors and suppliers) make no guarantees,
representations or warranties of any kind,
express or implied, arising by law or
otherwise, including but not limited to,
content, quality, accuracy, completeness,
effectiveness, reliability, fitness for a
particular purpose, usefulness, use or results
to be obtained from this Data, or that the
Data or server will be uninterrupted or
error-free. Disclaimer of Warranty: TELENAV 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:
TELENAV 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 THE
INFORMATION; 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 INFORMATION, ANY DEFECT IN THE
INFORMATION, OR THE BREACH OF THESE
TERMS OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR BASED
ON A WARRANTY, EVEN IF TELENAV 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 shall not 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 HERE 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.
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Entire Agreement. These terms and
conditions constitute the entire agreement
between Telenav (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.
Governing Law.
The above terms and
conditions shall be governed by the laws of
the State of Illinois [insert “Netherlands ”
where European HERE Data is used], 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 jurisdiction of the
State of Illinois [insert “The Netherlands ”
where European HERE Data is used] for any
and all disputes, claims and actions arising
from or in connection with the Data provided
to you hereunder. Government End Users. If the Data is being
acquired by or on behalf of the United States
government or any other entity seeking or
applying rights similar to those customarily
claimed by the United States government,
this Data is a “commercial item
” as that term
is defined at 48 C.F.R. (“FAR ”) 2.101, is
licensed in accordance with these End-User
Terms, and each copy of Data delivered or
otherwise furnished shall be marked and
embedded as appropriate with the following
“Notice of Use, ” and shall be treated in
accordance with such Notice: NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS: c/o Nokia, 425 West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as defined in FAR 2.101 and is subject to these End- User Terms under which this Data was provided.
© 1987 – 2014 HERE – All rights reserved. If the Contracting Officer, federal government
agency, or any federal official refuses to use
the legend provided herein, the Contracting
Officer, federal government agency, or any
federal official must notify HERE prior to
seeking additional or alternative rights in the
Data.
I. US/Canada Territory A. United States Data. The End-User
Terms for any Application containing Data
for the United States shall contain the
following notices: “HERE holds a non-exclusive license
from the United States Postal Service®
to publish and sell ZIP+4® information. ”
“©United States Postal Service® 20XX.
Prices are not established, controlled or
approved by the United States Postal
Service®. The following trademarks and
registrations are owned by the USPS:
United States Postal Service, USPS, and
ZIP+4. ”
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B. Canada Data. The following provisions
apply to the Data for Canada, which may
include or reflect data from third party
licensors (“Third Party Data
”), including
Her Majesty the Queen in Right of Canada
(“Her Majesty”), Canada Post Corporation
(“ Canada Post”) and the Department of
Natural Resources of Canada (“NRCan ”):
1. Disclaimer and Limitation: Client
agrees that its use of the Third Party
Data is subject to the following provi-
sions: a. Disclaimer: The Third Party Data is
licensed on an “as is ” basis. The
licensors of such data, including Her
Majesty, Canada Post and NRCan,
make no guarantees, representations
or warranties respecting such data,
either express or implied, arising by
law or otherwise, including but not
limited to, effectiveness, complete-
ness, accuracy or fitness for a partic-
ular purpose. b. Limitation on Liability: The Third
Party Data licensors, including Her
Majesty, Canada Post and NRCan,
shall not be liable: (i) 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 such Data; or (ii) in any
way for loss of revenues or contracts,
or any other consequential loss of any
kind resulting from any defect in the
Data.
2. Copyright Notice: In connection with
each copy of all or any portion of the
Data for the Territory of Canada, Client
shall affix in a conspicuous manner the
following copyright notice on at least
one of: (i) the label for the storage media
of the copy; (ii) the packaging for the
copy; or (iii) other materials packaged
with the copy, such as user manuals or
end user license agreements: “This data
includes information taken with permis- sion from Canadian authorities, including
© Her Majesty the Queen in Right of
Canada, © Queen's Printer for Ontario,
© Canada Post Corporation, GeoBase®,
© The Department of Natural Resources
Canada. All rights reserved.
”
3. End-User Terms: Except as otherwise
agreed by the parties, in connection with
the provision of any portion of the Data
for the Territory of Canada to End-Users
as may be authorized under the Agree-
ment, Client shall provide such End-
Users, in a reasonably conspicuous
manner, with terms (set forth with other
end user terms required to be provided
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under the Agreement, or as otherwise
may be provided, by Client) which shall
include the following provisions on
behalf of the Third Party Data licensors,
including Her Majesty, Canada Post and
NRCan:
The Data may include or reflect data
of licensors, including Her Majesty the
Queen in the Right of Canada (“Her
Majesty”), Canada Post Corporation
(“Canada Post”) and the Department
of Natural Resources Canada
(“NRCan ”). Such data is licensed on
an “as is ” basis. The licensors,
including Her Majesty, Canada Post
and NRCan, make no guarantees,
representations or warranties
respecting such data, either express
or implied, arising by law or otherwise,
including but not limited to, effective-
ness, completeness, accuracy or
fitness for a particular purpose. The
licensors, including Her Majesty,
Canada Post and NRCan, shall not be
liable 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
the data or the Data. The licensors,
including Her Majesty, Canada Post
and NRCan, shall not be liable in any
way for loss of revenues or contracts,
or any other consequential loss of any
kind resulting from any defect in the
data or the Data.
End User shall indemnify and save
harmless the licensors, including Her
Majesty, Canada Post and NRCan, and
their officers, employees and agents
from and against any claim, demand
or action, irrespective of the nature of
the cause of the claim, demand or
action, alleging loss, costs, expenses,
damages or injuries (including injuries
resulting in death) arising out of the
use or possession of the data or the
Data.
4. Additional Provisions: The terms
contained in this Section are in addition
to all of the rights and obligations of the
parties under the Agreement. To the
extent that any of the provisions of this
Section are inconsistent with, or conflict
with, any other provisions of the Agree-
ment, the provisions of this Section shall
prevail.
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