Databases Limited Warranty - Lowrance Elite-5 DSI Operation Manual

Navico Databases License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN THE END-USER WHO FIRST
PURCHASES
THIS PRODUCT AS A CONSUMER ITEM FOR PERSONAL, FAMILY,
OR HOUSEHOLD USE ("YOU") AND NAVICO, THE MANUFACTURER OF THIS
PRODUCT ("WE", "OUR", OR "US"). USING THE PRODUCT ACCOMPANIED BY
THIS LICENSE AGREEMENT CONSTITUTES ACCEPTANCE OF THESE TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT ALL TERMS AND CONDITIONS,
PROMPTLY RETURN THE PRODUCT WITHIN 30 DAYS OF PURCHASE. PLEASE
RETURN USING THE ENCLOSED UPS SHIPPING LABEL AND INCLUDE: PROOF
OF PURCHASE, NAME, ADDRESS, AND PHONE NUMBER. YOUR PURCHASE
PRICE AND ANY APPLICABLE TAXES WILL BE REFUNDED. PLEASE ALLOW 4-6
WEEKS TO PROCESS YOUR REFUND.
1. This License Agreement applies to the one or more databases that your
product may contain. We refer to these singly as a "Database" and to-
gether as the "Databases." Your product may thus include the "WBS
Database" which contains worldwide background surface mapping data,
the "SmartMap Database" which contains inland mapping data, or other
Databases.
2. The Databases that your product may contain are licensed, not sold. We
grant to you the nonexclusive, nonassignable right to use these Databases
for supplemental navigation reference purposes, but only as long as you
comply with the terms and conditions of this License Agreement. We re-
serve the right to terminate this license if you violate any aspect of this
License Agreement. You are responsible for using official government
charts and prudent navigation for safe travel.
3. The Databases housed in your product are protected by the copyright no-
tices appearing on the product or its screen(s). You may NOT modify,
adapt, translate, reverse engineer, decompile, disassemble, rent, lease,
or resell any Database, and you may NOT create derivative works based
upon any Database or its contents. Any unauthorized reproduction, use, or
transfer of a Database may be a crime and may subject you to damages
and attorney fees.
4. This License Agreement will terminate immediately without prior notice
from us if you fail to comply with or violate any of the provisions of
this Agreement. Upon termination, you will promptly return all products
containing one or more Databases to us.
5. Prices and programs are subject to change without notice.
6. This License Agreement shall be governed by the laws of the State of
Oklahoma and comprises the complete and exclusive understanding be-
tween you and us concerning the above subject matter.

Databases Limited Warranty

"We", "our", or "us" refers to Navico, the manufacturer of this product. "You"
or "your"
refers to the first person who purchases the product as a consumer item for
personal, family, or household use. The Databases Limited Warranty applies to the one or
more databases that your product may contain. We refer to each of these as a "Database"
or together as the "Databases." Your product may thus include the "WBS Database" which
contains worldwide background surface mapping data, the "SmartMap Database" which
contains inland mapping data, or other Databases.
We warrant to you that we have accurately compiled, processed, and reproduced the
portions of the source material on which the Databases are based. However, we are under
no obligation to provide updates to the Databases, and the data contained in the Databases
may be incomplete when compared to the source material. WE MAKE NO EXPRESS OR
IMPLIED WARRANTY OF ANY KIND ABOUT THE ACCURACY OF THE SOURCE
MATERIAL ITSELF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If there is a defect in any Database, your exclusive remedy shall be, at our option, either a
refund of the price you paid for the product containing the defective Database or a replace-
ment of such product. WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE
TO ANYONE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER
INDIRECT DAMAGE OF ANY KIND.
Some states do not allow the exclusion or limitation of incidental or consequential dam-
ages, so the above limitations or exclusions may not apply to you.
This warranty does NOT apply in the following circumstances: (1) when the product has
been serviced or repaired by anyone other than us; (2) when the product has been con-
nected, installed, combined, altered, adjusted, or handled in a manner other than according
to the instructions furnished with the product; (3) when any serial number has been
effaced, altered, or removed; or (4) when any defect, problem, loss, or damage has resulted
from any accident, misuse, negligence, or carelessness, or from any failure to provide
reasonable and necessary maintenance in accordance with the instructions of the owner's
manual for the product.
We reserve the right to make changes or improvements in our products from time to time
without incurring the obligation to install such improvements or changes on equipment or
items previously manufactured.
This warranty gives you specific legal rights and you may also have other rights which
may vary from state to state.
Your remedies under this warranty will be available so long as you can show in a reason-
able manner that the defect occurred within one (1) year from the date of your original
purchase, and we must receive your warranty claim no later than 30 days after such 1-year
period expires. Your claim must be substantiated by a dated sales receipt or sales slip.