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kind or character, including but not limited to
attorney’s fees, arising out of or in connection
with any use or possession by you of the Data.
7.
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 Govern-
ment, then use, duplication, reproduction,
release, modification, disclosure or transfer of
this commercial product and accompanying doc-
umentation, is restricted in accordance with FAR
12.212 and DFARS 227.7202, and by a license
agreement. Contractor/manufacturer is Tele
Atlas North America, Inc., 1605 Adams Drive,
Menlo Park, CA 94025, (650) 328-3825. The Data
is (c)1984-2003 by Tele Atlas N.V. and Tele Atlas
North America, Inc. ALL RIGHTS RESERVED. For
purpose of any public disclosure provision under
any federal, state or local law, it is agreed that the
Data is a trade secret and a proprietary commer-
cial product and not subject to disclosure.
8.
Additional Provisions with respect to
Canadian Data only.
a.
Warranty Disclaimer.
The Data may include the data of licensors,
including Her Majesty the Queen in Right of
Canada. Such Data is provided on an “AS IS”
AND “WITH ALL FAULTS BASIS” and the licen-
sors, including HER MAJESTY THE QUEEN
AND THE MINISTER OF NATURAL
RESOURCES EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF NON-INFRINGE-
MENT, MERCHANTABILITY, QUALITY, EFFEC-
TIVENESS, COMPLETENESS, ACCURACY,
TITLE AND FITNESS FOR A PARTICULAR PUR-
POSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE DATA PROD-
UCT RESTS WITH YOU. HER MAJESTY THE
QUEEN AND THE MINISTER OF NATURAL
RESOURCES DO NOT WARRANT THAT THE
DATA WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION OF THE DATA WILL BE
UNINTERRUPTED OR ERROR FREE. NO
ORAL OR WRITTEN ADVICE GIVEN BY HER
MAJESTY THE QUEEN, THE MINISTER OF
NATURAL RESOURCES, TELE ATLAS OR ITS
LICENSORS AND EMPLOYEES CREATES A
WARRANTY OR IN ANY WAY INCREASES HER
MAJESTY THE QUEEN AND THE MINISTER OF
NATURAL RESOURCES LIABILITY AND YOU
MAY NOT RELY ON ANY SUCH INFORMATION
OR ADVICE.
b.
Disclaimer of Liability.
IN NO EVENT SHALL THE LICENSORS,
INCLUDING HER MAJESTY THE QUEEN IN
RIGHT OF CANADA, THE MINISTER OF NATU-
RAL RESOURCES OR THEIR RESPECTIVE
OFFICERS, EMPLOYEES OR AGENTS (THE
“LICENSORS”), BE LIABLE TO YOU FOR MAT-
TERS ARISING OUT OF THE SUBJECT MAT-
TER OF THE AGREEMENTS, WHETHER IN
CONTRACT, TORT OR OTHERWISE.
THE LICENSORS SHALL NOT BE LIABLE TO
YOU FOR ANY SPECIAL, INDIRECT, CONSE-
QUENTIAL, OR INCIDENTAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSI-
NESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE
LIKE) ARISING OUT OF THE AGREEMENT OR
THE USE OF OR INABILITY TO USE THE DATA,
EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
c.
Indemnification by You.
You shall indemnify and hold harmless the
licensors, including Her Majesty the Queen in
Right of Canada, the Minister of Natural
Resources and their respective officers,
employees and agents, from and against any
claim, demand or action, irrespective of the
nature of the claim, demand or action alleging
loss, costs, damages, expenses, or injury
(including injury from death) resulting from
your authorized or unauthorized use, posses-
sion, modification, or alteration of the Data.
9.
Miscellaneous.
This is the exclusive and complete Agreement
between Tele Atlas and you regarding its subject
matter. Nothing in this Agreement shall create a
joint venture, partnership or principal-agent rela-
tionship between Tele Atlas and you. The internal
laws of California shall govern this Agreement
and you consent to the jurisdiction of the North-
ern District of California or the State of California
for the County of Santa Clara. Sections 2 - 4 and 7
- 11 shall survive the expiration or termination of
this Agreement. This Agreement may be
amended, altered, or modified only by Tele Atlas.