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AppendicesCOURSE OF DEALING, CUSTOM ORTRADE AND INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE ANDNON-INFRINGEMENT OF THIRD PARTYRIGHTS WITH RESPECT TO THE TELENAVSOFTWARE. Certain jurisdictions do notpermit the disclaimer of certain warranties,so this limitation may not apply to you.5. Limitation of LiabilityTO THE EXTENT PERMITTED UNDERAPPLICABLE LAW, UNDER NOCIRCUMSTANCES SHALL TELENAV ORITS LICENSORS AND SUPPLIERS BELIABLE TO YOU OR TO ANY THIRD PARTYFOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL OREXEMPLARY DAMAGES (INCLUDING INEACH CASE, BUT NOT LIMITED TO,DAMAGES FOR THE INABILITY TO USETHE EQUIPMENT OR ACCESS DATA,LOSS OF DATA, LOSS OF BUSINESS,LOSS OF PROFITS, BUSINESSINTERRUPTION OR THE LIKE) ARISINGOUT OF THE USE OF OR INABILITY TOUSE THE TELENAV SOFTWARE, EVEN IFTELENAV HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANY DAMAGESTHAT YOU MIGHT INCUR FOR ANYREASON WHATSOEVER (INCLUDING,WITHOUT LIMITATION, ALL DAMAGESREFERENCED HEREIN AND ALL DIRECTOR GENERAL DAMAGES IN CONTRACT,TORT (INCLUDING NEGLIGENCE) OROTHERWISE), THE ENTIRE LIABILITY OFTELENAV AND OF ALL OF TELENAV’SSUPPLIERS SHALL BE LIMITED TO THEAMOUNT ACTUALLY PAID BY YOU FORTHE TELENAV SOFTWARE. SOMESTATES AND/OR JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THE ABOVE LIMITATIONSOR EXCLUSIONS MAY NOT APPLY TOYOU.6. Arbitration and Governing LawYou agree that any dispute, claim orcontroversy arising out of or relating to thisAgreement or the Telenav Software shallbe settled by independent arbitrationinvolving a neutral arbitrator andadministered by the American ArbitrationAssociation in the County of Santa Clara,California. The arbitrator shall apply theCommercial Arbitration Rules of theAmerican Arbitration Association, and thejudgment upon the award rendered by thearbitrator may be entered by any courthaving jurisdiction. Note that there is nojudge or jury in an arbitration proceedingand the decision of the arbitrator shall bebinding upon both parties. You expresslyagree to waive your right to a jury trial.This Agreement and performancehereunder will be governed by andconstrued in accordance with the laws ofthe State of California, without givingeffect to its conflict of laws provisions. Tothe extent judicial action is necessary inconnection with the binding arbitration,both Telenav and you agree to submit tothe exclusive jurisdiction of the courts ofthe County of Santa Clara, California. TheUnited Nations Convention on Contractsfor the International Sale of Goods shallnot apply.7. AssignmentYou may not resell, assign, or transfer thisAgreement or any of your rights orobligations, except in totality, in connectionwith your permanent transfer of theTelenav Software, and expresslyconditioned upon the new user of theTelenav Software agreeing to be bound by429F150 (TF6) , enUSA