Magellan 980588-01 - GPS Companion For Palm V/Vx Using Manual page 23

as "Magellan") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF
THIRD PARTY RIGHTS. MAGELLAN DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, MAGELLAN
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY MAGELLAN OR A MAGELLAN
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT MAGELLANOR A MAGELLAN AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY
RIGHTS OF A CONSUMER ACQUIRING MAGELLAN PRODUCTS OTHERWISE THAN IN
THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY MAGELLAN'S
NEGLIGENCE.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL MAGELLAN BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS
LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In
no event shall Magellan's total liability to you for all damages
exceed the amount of fifty dollars ($50.00).
6. Export Law Assurances. You may not use or otherwise export or
reexport the Software except as authorized by United States law and
the laws of the jurisdiction in which the Software was obtained. In
particular, but without limitation, the Software may not be exported
or reexported (i) into (or to a national or resident of) any U.S.
embargoed country or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Department of
Commerce's Table of Denial Orders. By using the Software, you
represent and warrant that you are not located in, under control of,
or a national or resident of any such country or on any such list.
7. Controlling Law and Severability. This License shall be governed
by the laws of the United States and the State of California. If for
any reason a court of competent jurisdiction finds any provision, or
portion thereof, to be unenforceable, the remainder of this License
shall continue in full force and effect.
8. Complete Agreement. This License constitutes the entire agreement
between the parties with respect to the use of the Software and
supersedes all prior or contemporaneous understandings regarding such
subject matter. No amendment to or modification of this License will
be binding unless in writing and signed by Magellan.