Jensen VX7021 Operation Manual page 182

store, to transfer or to distribute these data or contents or to disclose them in full or in part to the public in
any format or to download them from the Navigation Product.
8. No warranty, limitation of liability
8.1 The Licensor hereby informs the User that although the greatest care was taken in producing the
Navigation Product, given the nature of the Navigation Product and its technical limitations, the Licensor
and its suppliers do not provide a warranty for the Navigation Product being completely error-free, and
they are not bound by any obligation whereby the Navigation Product obtained by the User should be
completely error-free.
8.2 THE LICENSED NAVIGATION PRODUCT, INCLUDING ANY OF THE DATABASES, OR SERVICES
FORMING PART THEREOF ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS BASIS"
(INCLUDING NO WARRANTY FOR THE CORRECTION OF FAULTS) AND LICENSOR, THE
DATABASE OWNERS, THE SOFTWARE OWNER, THE SERVICE PROVIDERS AND THIRD PARTY
SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO
ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY LICENSOR OR ANY OF ITS
AGENTS, SUPPLIERS, EMPLOYEES, THIRD PARTY PROVIDERS, THE SOFTWARE OWNER OR
THE DATABASE OWNERS AND SERVICE PROVIDERS SHALL CREATE A WARRANTY, AND USER
IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF
WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.
Licensor does not warrant that the Navigation Product is capable of interoperating with any system,
device or product.
8.3 The Licensor does not assume any responsibility for damages incurred due to an error in the
Navigation Product.
8.4 The Licensor does not assume any responsibility for damages incurred due to the Navigation Product
not being applicable for any defined purpose, or due to the error or incompatibility of the Navigation
Product with any other system, device or product.
8.5 NEITHER LICENSOR NOR ITS SUPPLIERS SHALL BE LIABLE TO USER FOR ANY INCIDENTAL,
CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS
AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS
INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THIRD PARTY
SUPPLIERS (E.G. DATABASE OWNERS, MAP PROVIDERS, SERVICE PROVIDERS, THE
SOFTWARE OWNER) OR AGENTS OF LICENSOR SHALL HAVE NO MONETARY LIABILITY TO THE
USER FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO
THIS AGREEMENT.
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES FROM LICENSOR OR ANY OF ITS
SUPPLIERS, YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID
FOR THE NAVIGATION PRODUCT (OR UP TO 10 USD IF THE AMOUNT IS NOT CALCULABLE OR IF
YOU ACQUIRED THE NAVIGATION PRODUCT FOR NO CHARGE). THE DAMAGE EXCLUSIONS
AND LIMITATIONS IN THIS AGREEMENT APPLY EVEN IF REPAIR, REPLACEMENT OR A REFUND
FOR THE NAVIGATION PRODUCT DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR IF
THE LICENSOR OR ITS SUPPLIERS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY
OF THE DAMAGES.
8.6 The Licensor also draws the attention of the User to the fact that, when using the Navigation Product
in any form of vehicle, observing the traffic regulations and rules (e.g. use of obligatory and/or reasonable
and suitable security measures, proper and generally expected care and attention in the given situation,
and special care and attention required due to the use of the Navigation Product) is the exclusive
responsibility of the User. The Licensor shall not assume any responsibility for any damages occurred in
relation to use of the Navigation Product in any vehicle.
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