Navigation I 4-31
04
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED
UNDER THE APPLICABLE LAWS, COMPANY AND THE
LICENSORS 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, INCURRED BY YOU OR ANY THIRD PARTY WHICH
MAY ARISE IN CONNECTION WITH OR RESULT FROM THE USE
OR POSSESSION OF THE PRODUCT; OR FOR ANY LOSS OF
DATA, PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR OTHER
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY
TO USE THE PRODUCT, ANY DEFECT IN THE PRODUCT, OR
THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER
IN AN ACTION IN CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF COMPANY OR THE LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY
PROVIDED HEREIN.
Exclusions. Some jurisdictions do not allow certain warranty
exclusions or the limitation or exclusion of liability, so to that extent the
above exclusion may not apply to you. To the extent that COMPANY
may not, as a matter of applicable law, disclaim any implied warranty
or limit its liabilities, the scope and duration of such warranty and the
extent of COMPANY’s liability shall be the minimum permitted under
such applicable law. The disclaimer of warranty and limitation of liability
set forth in this EULA does not affect or prejudice your statutory rights
where you have acquired the Product otherwise than in the course of
business.
INPUT INFORMATION WHILE DRIVING. FAILURE TO PAY FULL
ATTENTION TO THE OPERATION OF YOUR VEHICLE COULD
RESULT IN DEATH, SERIOUS INJURY, OR PROPERTY DAMAGE.
BY USING THE PRODUCT, YOU ASSUME ALL RESPONSIBILITY
AND RISK.
Disclaimer of Warranty. The Product is provided to you “as
is,” and you agree to use it at your own risk. SUBJECT TO THE
APPLICABLE LAWS, COMPANY AND THE LICENSORS MAKE
NO GUARANTEES, REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT,
QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS,
RELIABILITY, PERFORMANCE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
USEFULNESS, USE OR RESULTS TO BE OBTAINED FROM
THE PRODUCT, OR THAT THE PRODUCT OR SERVER WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE
PRODUCT OR NONCONFORMITY TO ITS DOCUMENTATION
CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE
PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT
AND CONSIDERATION TO COMPANY AND THE LICENSORS
TO GRANT THE LICENCE CONTAINED IN THIS EULA AND TO
PROVIDE YOU WITH ACCESS TO THE SERVICES.