User`s guide

PC*MILER-AS400 User’s Guide iv
C. Upon expiration of any written supplemental license agreement between
you and ALK of which this license is a part.
14. Obligations on Termination: Termination or expiration of this Agreement shall
not be construed to release you from any obligations that existed prior to the
date of such termination or expiration.
15. Hold Harmless and Indemnity: To the maximum extent permitted by applicable
law, you agree to hold harmless and indemnify ALK and its subsidiaries,
affiliates, officers, agents, licensors, co-branders or other partners, and
employees from and against any third party claim (other than a third party claim
for Intellectual Property Rights) arising from or in any way related to your use of
PC*MILER, including any liability or expense arising from all claims, losses,
damages (actual and/or consequential), suits, judgments, litigation costs and
attorneys' fees, of every kind and nature. ALK shall use good faith efforts to
provide you with written notice of such claim, suit or action.
16. Disclosure for products containing Historical or Real-time Traffic data: traffic
data, including historical traffic data, is licensed as a subscription service which
must be renewed annually for continued use. ALK and its licensor(s) will use
commercially reasonable efforts to make traffic data available at least 99.5% of
the time each calendar month, excluding minor performance or technical issues
as well as downtime attributable to necessary maintenance, and Force
Majeure.
17. Limitations on Export: You hereby expressly agree not to export PC*MILER, in
whole or in part, or any data derived therefrom, in violation of any export laws
or regulations of the United States.
18. Miscellaneous: This Agreement shall be construed and applied in accordance
with the laws of the State of New Jersey. The Courts of the State of New
Jersey shall be the exclusive forum for all actions or interpretation pertaining to
this Agreement. Any amendments or addenda to this Agreement shall be in
writing executed by all parties hereto. This is the entire Agreement between
the parties and supersedes any prior or contemporaneous agreements or
understandings. Should any provision of this Agreement be found to be illegal
or unenforceable, then only so much of this Agreement as shall be illegal or
unenforceable shall be stricken and the balance of this Agreement shall remain
in full force and effect.