Hema HX-2+ - Page 12

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available” basis. Hema Maps makes no warranty that the Hema Maps
products and services will meet your requirements or that use of the
Hema Maps products and services will be uninterrupted, mely, secure or
error-free nor does Hema Maps make any warranty as to the accuracy or
reliability of any informaon obtained through Hema Maps (including third
party content), that any defects in Hema Maps products and services will
be corrected or that Hema Maps products or services will be compable
with any other specic hardware or service. Further, Hema Maps does
not warrant that Hema Maps products or services or Hema Maps servers
will provide you with data and content are free of viruses or other harmful
components. Hema Maps also assumes no responsibility for and shall not be
liable for any damages caused by viruses that may infect your Hema Maps
product, computer soware, or other hardware.
In the event of any loss, damage or injury, you will not look to Hema Maps
to compensate you or anyone else. You release and waive for yourself and
your insurer all subrogaon and other rights to recover against Hema Maps
arising as a result of the payment of any claim for loss, damage or injury.
Hema Maps equipment and services do not cause and cannot eliminate
occurrences of certain events and Hema Maps makes no guarantee or
warranty, including any implied warranty of merchantability or tness for a
parcular purpose or that Hema Maps equipment and services provided will
detect or avert such incidents or their consequences. Hema Maps does not
undertake any risk that you or property, or the person or property of others,
may be subject to injury or loss if such an event occurs. The allocaon of
such risks remains with you, not Hema.
Other than the above product warranty for Hema Maps products, its
suppliers disclaim all warranes of any kind, whether express, implied, or
statutory, regarding Hema Maps products and services, including any implied
warranty of tle, merchantability, tness for a parcular purpose, or non-
infringement of third party rights. Because some jurisdicons do not permit
the exclusion of implied warranes, the last sentence of this secon may
not apply to you. Hema Maps hereby further expressly disclaims all liability
for claims for service failures that are due to normal product wear, product
misuse, abuse, product modicaon, improper product selecon or your
noncompliance with all applicable federal, state or local laws.
This warranty and warranty disclaimer give you specic legal rights, and you
may have other rights that vary by state, province or country. Other than
as permied by law, Hema Maps does not exclude, limit or suspend other
rights you have, including those that may arise from the non-conformity of
a sales contract. For a full understanding of your rights, you should consult
the laws of your state, province, or country. For our Australian customers:
please note that this warranty is in addion to any statutory rights in
Australia in relaon to your goods which, pursuant to the Australian
Consumer Law, cannot be excluded.
Limitaons of Hema Maps liability
Under no circumstances will Hema Maps be liable in any way for any content,
including, but not limited to, the loss of content, any errors or omissions in
any content, or any loss or damage of any kind incurred in connecon with
use of or exposure to any content posted, emailed, accessed, transmied,
or otherwise made available via Hema Maps.
Hema Maps liability for damages, especially for breach of duty or
obligaon, delay in performance, non-performance, or malperformance
shall be precluded, except when these are due to negligent breaches of
any signicant contractual duty or obligaon on the part of Hema Maps.
Any liability for negligence is limited to direct losses usually and typically
foreseeable in such case. Should the claim for damages be based on wilful
or grossly negligent breach of contractual duty or obligaon on the part
of Hema Maps, the preclusion and limitaon of liability menoned in the
preceding sentences will not apply. The preceding preclusion and limitaon
of liability will also not apply to claims for damages arising out of loss of life,
bodily injury or health impacts for which Hema Maps may be liable, or for
non-contractual liability.
Some states and countries do not allow the exclusion or limitaon of
incidental or consequenal damages, so the above limitaon or exclusion
may not apply to you. Addionally, this provision is not intended to limit
Hema Maps’ liability in the event of Hema Maps’ wilful or intenonal
misconduct.
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