technical data TOYOTA AVALON 2008 XX30 / 3.G Navigation Manual

BASIC FUNCTIONS
64
Some States, Territories and
Countries do not allow certain li-
ability exclusions or damages limi-
tations, 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 provided to you or any
direct product thereof except in
compliance with, and with all li-
censes and approvals required
under, applicable export laws,
rules and regulations.
Entire Agreement.
These terms
and conditions constitute the en-
tire agreement between [CLIENT]
(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 exist-
ing 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 “Nether-
lands” where European NAVTEQ
Data is used], without giving ef-
fect to (i) its conflict of laws pro-
visions, 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 Euro-
pean NAVTEQ Data is used] for
any and all disputes, claims and
actions arising from or in connec-
tion 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 other
entity seeking or applying rights
similar to those customarily
claimed by the United States
government, (i) for acquisitions
conducted by the Department of
Defense, the NAVTEQ Data is li-
censed with ”Limited Rights” in
accordance with the rights set
forth at DFARS
252.227−7013(b)(3), TECHNICAL
DATA−NONCOMMERCIAL
ITEMS, and NAVTEQ Data deliv-
ered 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:

BASIC FUNCTIONS
65
LIMITED RIGHTS
CONTRACT NO.:

___________________________
_
CONTRACTOR (MANUFACTUR-
ER/ SUPPLIER) NAME:
NAVTEQ
CONTRACTOR (MANUFACTUR-
ER/SUPPLIER) ADDRESS:
222 Merchandise Mart Pla-
za, Suite 900, Chicago, Illi-
nois 60654
The Government’s rights to use,
modify, reproduce, release, per-
form, display, or disclose these
technical data are restricted by
paragraph (b)(3) of the Rights in
Technical Data−Noncommercial
Items clause contained in the
above identified contract. Any
reproduction of technical data or
portions thereof marked with this
legend must also reproduce the
markings. Any person, other
than the Government, who has
been provided access to such
data must promptly notify the
above named Contractor.and; (ii) for civilian agency ac-
quisitions, 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 follow-
ing ”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 accor-
dance with such Notice (which
shall be marked on any reproduc-
tion of the NAVTEQ Data, in
whole or in part):

BASIC FUNCTIONS
69
U.S. GOVERNMENT RIGHTS
If you are an agency, depart-
ment, or other entity of the
United States Government, or
funded in whole or in part by the
United States Government, then
use, duplication, reproduction, re-
lease, modification, disclosure or
transfer of this commercial prod-
uct and accompanying documen-
tation, is restricted in accordance
with the LIMITED or RE-
STRICTED rights as described in
DFARS 252.227−7014(a)(1) (JUN
1995) (DOD commercial comput-
er software definition), DFARS
227.7202−1 (DOD policy on com-
mercial computer software), FAR
52.227−19 (JUN 1987) (commer-
cial computer software clause for
civilian agencies), DFARS
252.227−7015 (NOV 1995) (DOD
technical data − commercial
items clause); FAR 52.227−14 Al-
ternates I, II, and III (JUN 1987)
(civilian agency technical data
and noncommercial computer
software clause); and/or FAR
12.211 and FAR 12.212 (commer-
cial item acquisitions), as appli-
cable.
In case of conflict between any
of the FAR and DFARS provi-
sions 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
America, Inc. ALL RIGHTS RE-
SERVED. For purpose of any
public disclosure provision under
any federal, state or local law, it
is agreed that the DATABASE is
a trade secret and a proprietary
commercial product and not sub-
ject to disclosure.If you are an agency, depart-
ment, or other entity of any State
government, the United States
Government or any other public
entity or funded in whole or in
part by the United States Gov-
ernment, then you hereby agree
to protect the DATABASE from
public disclosure and to consider
the DATABASE exempt from any
statute, law, regulation, or code,
including any Sunshine Act, Pub-
lic Records Act, Freedom of In-
formation Act, or equivalent,
which permits public access and/
or reproduction or use of the Li-
censed Products. In the event
that such exemption is chal-
lenged 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 immediately null
and void. Any copies of the DA-
TABASE held by you shall imme-
diately be destroyed. If any
court of competent jurisdiction
considers this clause void and
unenforceable, in whole or in
part, for any reason, this Agree-
ment shall be considered termi-
nated and null and void, in its
entirety, and any and all copies
of the DATABASE shall immedi-
ately be destroyed.