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Disclaimer of Liability: NIKON 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 NIKON 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 Nikon and its licensors 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 Nikon (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.
Governing Law.
The above terms and conditions shall be governed by the laws of
the Japan, 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; provided that in the event that the laws of the Japan is not
deemed applicable to this Agreement for any reason in the country where you
obtained the Data, this Agreement shall be governed with the laws of the country
where you obtained the Data. You agree to submit to the jurisdiction of Japan for
any and all disputes, claims and actions arising from or in connection with the Data
provided to you hereunder.