Common use of Geographical Restrictions Clause in Contracts

Geographical Restrictions. 10.1 The Customer acknowledges that the use of the Licensed Material may be subjected to specific geographical restrictions arising out of applicable foreign laws and regulations, which may be updated from time to time. It is the Customer’s sole responsibility to acknowledge applicable foreign laws and regulations and ensure to comply with them during the duration of the license term. 10.2 Through the Service, PTV may provide the Customer with map data (among others) for the People's Republic of China in compliance with the use case and the terms of this Agreement. Should the People's Republic of China no longer enable map data provisioning, regardless of the legal basis, PTV shall notify the Customer promptly of the occurrence of such events in writing. Any warranty and/or liability claims by the Customer as well as the obligation to exempt from third-party rights shall not apply with regard to this paragraph 10. The contractually agreed compensation shall be reduced with effect as of the end of the exploitation rights. The reduction is based on the following remuneration models: 1) In case of monthly payments, the remaining month, during which the data can no longer be used, shall be credited according to the following formula: Days of the month that were overcharged * cost per day for data according to quote = reimbursement 2) In case of annual payments, the remaining months and days during which the data can no longer be used, shall be credited according to the following formula: (Days of the month that were overcharged for a pro-rata month * cost per day for data according to quote) + (Months that were overcharged * cost per month for data according to quote) = reimbursement 3) If transaction packages are acquired, transactions not used during the license period will be credited according to the following formula: Price per transaction * number of transactions not used as part of the acquired transaction package = reimbursement Further claims by the Customer shall be excluded.

Appears in 2 contracts

Sources: End User License Agreement, End User License Agreement