text version of content this owner's manual page
from owners manual to the vehicle Ford Fiesta, year of production 2008:
Appendices
5. Limitation of Liability Commercial Arbitration Rules of the
TO THE EXTENT PERMITTED UNDER American Arbitration Association, and the
APPLICABLE LAW, UNDER NO judgment upon the award rendered by the
CIRCUMSTANCES SHALL TELENAV OR arbitrator may be entered by any court
ITS LICENSORS AND SUPPLIERS BE having jurisdiction. Note that there is no
LIABLE TO YOU OR TO ANY THIRD PARTY judge or jury in an arbitration proceeding
FOR ANY INDIRECT, INCIDENTAL, and the decision of the arbitrator shall be
CONSEQUENTIAL, SPECIAL OR binding upon both parties. You expressly
EXEMPLARY DAMAGES (INCLUDING IN agree to waive your right to a jury trial.
EACH CASE, BUT NOT LIMITED TO, This Agreement and performance
DAMAGES FOR THE INABILITY TO USE hereunder will be governed by and
THE EQUIPMENT OR ACCESS DATA, construed in accordance with the laws of
LOSS OF DATA, LOSS OF BUSINESS, the State of California, without giving
LOSS OF PROFITS, BUSINESS effect to its conflict of laws provisions. To
INTERRUPTION OR THE LIKE) ARISING the extent judicial action is necessary in
OUT OF THE USE OF OR INABILITY TO connection with the binding arbitration,
USE THE TELENAV SOFTWARE, EVEN IF both TeleNav and you agree to submit to
TELENAV HAS BEEN ADVISED OF THE the exclusive jurisdiction of the courts of
POSSIBILITY OF SUCH DAMAGES. the County of Santa Clara, California. The
NOTWITHSTANDING ANY DAMAGES United Nations Convention on Contracts
THAT YOU MIGHT INCUR FOR ANY for the International Sale of Goods shall
REASON WHATSOEVER (INCLUDING, not apply.
WITHOUT LIMITATION, ALL DAMAGES 7. Assignment
REFERENCED HEREIN AND ALL DIRECT You may not resell, assign, or transfer this
OR GENERAL DAMAGES IN CONTRACT, Agreement or any of your rights or
TORT (INCLUDING NEGLIGENCE) OR obligations, except in totality, in connection
OTHERWISE), THE ENTIRE LIABILITY OF with your permanent transfer of the
TELENAV AND OF ALL OF TELENAV'S TeleNav Software, and expressly
SUPPLIERS SHALL BE LIMITED TO THE conditioned upon the new user of the
AMOUNT ACTUALLY PAID BY YOU FOR TeleNav Software agreeing to be bound
THE TELENAV SOFTWARE. SOME by the terms and conditions of this
STATES AND/OR JURISDICTIONS DO NOT Agreement. Any such sale, assignment or
ALLOW THE EXCLUSION OR LIMITATION transfer that is not expressly permitted
OF INCIDENTAL OR CONSEQUENTIAL under this paragraph will result in
DAMAGES, SO THE ABOVE LIMITATIONS immediate termination of this Agreement,
OR EXCLUSIONS MAY NOT APPLY TO without liability to TeleNav, in which case
YOU. you and all other parties shall immediately
6. Arbitration and Governing Law cease all use of the TeleNav Software.
You agree that any dispute, claim or Notwithstanding the foregoing, TeleNav
controversy arising out of or relating to this may assign this Agreement to any other
Agreement or the TeleNav Software shall party at any time without notice, provided
be settled by independent arbitration the assignee remains bound by this
involving a neutral arbitrator and Agreement.
administered by the American Arbitration
Association in the County of Santa Clara,
California. The arbitrator shall apply the
361
Fiesta (CCT)
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