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Introduction

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 DATA, ANY

DEFECT IN THIS DATA, OR THE BREACH OF THESE

TERMS OR CONDITIONS, WHETHER IN AN ACTION

IN CONTRACT OR TORT OR BASED ON A WARRANTY,

EVEN IF HERE 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 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.

Entire Agreement: These terms and conditions

constitute the entire agreement between HERE (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.

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of this agreement is found illegal or unenforceable,

that portion shall be severed and the remainder of the

Agreement shall be given full force and effect.

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shall be governed by the laws of the State of Illinois

(for Data for the Americas and/or the Asia Pacific

region) or The Netherlands (for Data for Europe, the

Middle East and Africa), 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. For any and

all disputes, claims and actions arising from or in

connection with the Data ("Claims"), you agree to

submit to the personal jurisdiction of (a) the State of

Illinois for Claims related to Data for the Americas and/

or the Asia Pacific region provided to you hereunder,

and (b) The Netherlands for Data for Europe, the

Middle East and/or Africa 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 this End User License

Agreement, and each copy of Data delivered or

otherwise furnished shall be marked and embedded as

appropriate with the following "Notice of Use", and be

treated in accordance with such Notice:

NOTICE OF USE

CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME:

HERE

CONTRACTOR (MANUFACTURER/SUPPLIER)

ADDRESS:

425 West Randolph Street, Chicago, IL 60606.

This Data is a commercial item as defined in FAR 2.101

and is subject to the End User License Agreement

under which this Data was provided.

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.

Chapter