technical data TOYOTA 4RUNNER 2007 N210 / 4.G Navigation Manual

202 Disclaimer of Liability
: [CLIENT] 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 [CLIENT] 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 pro-
vided to you or any direct product there of
except in compliance with, and with all li-
censes and approvals required under,
applicable export laws, rules and regula-
tions.
Entire Agreement.
These terms and con-
ditions constitute the entire agreement
between [CLIENT] (and its licensors, in-
cluding their licensors and suppliers) and
you pertaining to the subject matter here-
of, and supersedes in their entirety any
and all written or oral agreements pre-
viously 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 NAVTEQ
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 NAVTEQ 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 NAVTEQ
Data is being acquired by or on behalf of
the United States government or any oth-
er entity seeking or applying rights similar
to those customarily claimed by the
United States government, (i) for acquisi-
tions conducted by the Department of
Defense, the NAVTEQ Data is licensed
with “Limited Rights” in accordance with
the rights set forth at DFARS
252.227−7013(b)(3), TECHNICAL
DATA−NONCOMMERCIAL ITEMS, and
NAVTEQ Data delivered or otherwise
furnished with “Limited Rights” shall be
marked with the following “Limited Rights
Notice” set forth at DFARS
252.227−7013(f)(3), and shall be treated
in accordance with such Notice:

203 LIMITED RIGHTS
CONTRACT NO.:
______________________________
CONTRACTOR (MANUFACTURER/
SUPPLIER) NAME: NAVTEQ
CONTRACTOR (MANUFACTURER/
SUPPLIER) ADDRESS:
222 Merchandise Mart Plaza, Suite
900, Chicago, Illinois 60654
The Government’s rights to use,
modify, reproduce, release, perform,
display, or disclose these technical
data are restricted by paragraph (b)(3)
of the Rights in Technical Data−Non-
commercial Items clause contained in
the above identified contract. Any re-
production of technical data or portions
thereof marked with this legend must
also reproduce the markings. Any per-
son, other than the Government, who
has been provided access to such data
must promptly notify the above named
Contractor.
and; (ii) for civilian agency acquisitions,
the NAVTEQ Data is licensed in
accordance with the rights set forth at
FAR 52.227−14(g)(1), RIGHTS IN
DATA−GENERAL (Protection of limited
rights data and computer software). In
the event that the Contracting Officer
requires the delivery of limited rights
NAVTEQ Data that has been withheld or
would otherwise be withholdable in
accordance with FAR 52.227−14(g)(1),
the NAVTEQ Data is licensed with
“Limited Rights” as set forth in the
following “Limited Rights Notice” at FAR
52.227−14(g)(2) (Alternate II), which
shall be affixed to the NAVTEQ Data and
the NAVTEQ Data shall be treated in
accordance with such Notice (which shall
be marked on any reproduction of the
NAVTEQ Data, in whole or in part):LIMITED RIGHTS NOTICE
(JUN 1987)
These data are submitted with limited
rights under Government Contract No.
_____ (and subcontract ______, if ap-
propriate). These data may be repro-
duced and used by the Government
with the express limitation that they will
not, without written permission of the
Contractor, be used for purposes of
manufacture nor disclosed outside the
Government; except that the Govern-
ment may disclose these data outside
the Government for the following pur-
poses, if any, provided that the Gov-
ernment makes such disclosure sub-
ject to prohibition against further use
and disclosure: There are no addition-
al purposes permitting disclosure of
such Data.
The manufacturer/supplier of the Data
is NAVTEQ, 222 Merchandise Mart
Plaza, Suite 900, Chicago, Illinois
60654.
If the Contracting Officer refuses to use
either of the licenses provided in (i) or
(ii), herein, the Contracting Officer
must notify NAVTEQ North America,
LLC prior to seeking additional or alter-
native rights in the NAVTEQ Data.

206 U.S. GOVERNMENT RIGHTS
If you are an agency, department, or
other entity of the United States
Government, or funded in whole or in part
by the United States Government, then
use, duplication, reproduction, release,
modification, disclosure or transfer of this
commercial product and accompanying
documentation, is restricted in
accordance with the LIMITED or
RESTRICTED rights as described in
DFARS 252.227−7014(a)(1) (JUN 1995)
(DOD commercial computer software
definition), DFARS 227.7202−1 (DOD
policy on commercial computer
software), FAR 52.227−19 (JUN 1987)
(commercial computer software clause
for civilian agencies), DFARS
252.227−7015 (NOV 1995) (DOD
technical data – commercial items
clause); FAR 52.227−14 Alternates I, II,
and III (JUN 1987) (civilian agency
technical data and noncommercial
computer software clause); and/or FAR
12.211 and FAR 12.212 (commercial
item acquisitions), as applicable. In case
of conflict between any of the FAR and
DFARS provisions listed herein and this
Agreement, the construction that
provides greater limitations on the
Government’s rights shall control.
Contractor/manufacturer is Tele Atlas
North America, Inc., 11 Lafayette Street,
Lebanon, NH 03766−1445. Phone:
603.643. 0330. The DATABASE is
©1984−2005 by Tele Atlas North Ameri-
ca, Inc. ALL RIGHTS RESERVED. For
purpose of any public disclosure provi-
sion under any federal, state or local law,
it is agreed that the DATABASE is a trade
secret and a proprietary commercial
product and not subject to disclosure.If you are an agency, department, or oth-
er entity of any State government, the
United States Government or any other
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by the United States Government, then
you hereby agree to protect the DATA-
BASE from public disclosure and to con-
sider the DATABASE exempt from any
statute, law, regulation, or code, includ-
ing any Sunshine Act, Public Records
Act, Freedom of Information Act, or
equivalent, which permits public access
and/or reproduction or use of the Li-
censed Products. In the event that such
exemption is challenged under any such
laws, this Agreement shall be considered
breached and any and all right to retain
any copies or to use of the DATABASE
shall be terminated and considered im-
mediately null and void. Any copies of
the DATABASE held by you shall imme-
diately be destroyed. If any court of com-
petent jurisdiction considers this clause
void and unenforceable, in whole or in
part, for any reason, this Agreement shall
be considered terminated and null and
void, in its entirety, and any and all copies
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destroyed.