Acura ILX 2018 Navigation Manual page 322

uuLegal InformationuHonda App License Agreement
G. LIMITATIONS ON LIABILITY. You and
HONDA are each waiving important rights.
1. Limitations on YOUR liability. HONDA
cannot recover from you any consequential,
indirect, incidental, or special damages, or
attorney's fees in connection with your use
of the SOFTWARE or HONDA SERVICES.
HONDA WAIVES TO THE FULLEST EXTENT
ALLOWED BY LAW ANY CLAIM FOR
DAMAGES OTHER THAN DIRECT,
COMPENSATORY DAMAGES AS LIMITED IN
THIS AGREEMENT.
2. Limitation on HONDA and PROVIDER
liability. Neither HONDA nor PROVIDERS will
be liable to you or any other party for
consequential, indirect, incidental, special,
or punitive damages (including without
limitation lost profits) in connection with
your use of the SOFTWARE or SERVICES,
even if HONDA or PROVIDERS are aware of
the possibility of such damages. These
limitations apply to all claims, including,
without limitation, claims in contract and
tort (such as negligence, product liability
and strict liability). To the extent that a
jurisdiction does not permit the exclusion or
limitation of liability as set forth herein our
liability is limited to the maximum extent
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permitted by law in such states. If HONDA
or PROVIDERS are found liable to you for
any reason, you agree that the aggregate
liability of all these parties to you for any
claim is limited to ten U.S. dollars (US
$10.00). Neither HONDA nor any PROVIDER
would have agreed to provide the
SOFTWARE or SERVICES to you if you did
not agree to this limitation. This amount is
the sole and exclusive liability of HONDA
and PROVIDERS to you, and is payable as
liquidated damages and not as a penalty.
Except where prohibited by law, you may
not bring any claim against HONDA or any
third-party beneficiary more than two (2)
years after the claim arises. We do not have
any liability for SOFTWARE or SERVICES
interruptions of any length.
(a) Release of HONDA and PROVIDERS For
yourself and anyone else claiming under
you, you agree to release and discharge
HONDA, PROVIDERS, their respective
officers, directors, and employees, and each
third-party beneficiary from all claims,
liabilities and losses in connection with the
SOFTWARE or SERVICES, including, but not
limited to claims for personal injury or
property damage arising from the total or
partial failure of performance of the
SOFTWARE or SERVICES, even if caused by
or based upon the negligence, gross
negligence, strict products liability,
Deceptive Trade Practices Act violations,
bad faith, or breach of warranty of us or the
malfunction of the SOFTWARE or
SOFTWARE SERVICES. YOU AGREE TO
WAIVE TO THE FULLEST EXTENT ALLOWED
BY LAW, ANY CLAIM FOR DAMAGES
OTHER THAN DIRECT, COMPENSATORY
DAMAGES AS LIMITED IN THIS
AGREEMENT. YOU HEREBY RELEASE AND
DISCHARGE HONDA AND ITS LICENSORS
AND CONTRACTORS (INCLUDING ANY
THIRD PARTIES PROVIDING ALL OR PART OF
THE SOFTWARE OR SERVICES) FROM AND
AGAINST ANY CLAIMS, DAMAGES,
EXPENSES AND LIABILITY ARISING FROM
OR RELATED TO ANY INJURIES, DAMAGES,
OR LOSSES TO ANY PERSON (INCLUDING
DEATH) OR PROPERTY OF ANY KIND
RESULTING IN WHOLE OR PART, DIRECTLY
OR INDIRECTLY, FROM YOUR USE OF THE
SOFTWARE OR SERVICES.