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tion are copyrighted works of authorship and contain valuable
secret and confidential information proprietary to Magellan and its
third party suppliers, as applicable. Any and all intellectual prop-
erty rights in or to the Software and Documentation shall be and
remain the sole property of Magellan, and any and all intellectual
property rights in or to any Third Party Software shall be and remain
the sole property of the applicable third party supplier. Customer
shall exercise due care in connection with the use, storage and
copyi ng of the Software and wi II treat the Software, Th i rd Party
Software and the Documentation with the same degree of care that
it uses for its own confidential information. For the avoidance of
doubt, as between Customer and Magellan, Magellan shall retain
exclusive use and ownership of all trademarks related to the Soft-
ware.
5.Disclaimer of Warranties. MAGELLAN AND ITS THIRD PARTY
SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, THIRD
PARTY SOFTWARE, MEDIA, DOCUMENTATION, RESULTS OR
ACCURACY OF DATA AND HEREBY EXPRESSLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU-
LAR PURPOSE OR NON-INFRINGEMENT. THE SOFTWARE AND
THIRD PARTY SOFTWARE ARE PROVIDED ON AN liAS IS" AND
liAS AVAILABLE" BASIS, AND MAGELLAN AND ITS THIRD PARTY
SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL
MEET CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATION
WILL BE UNINTERRUPTED OR ERROR-FREE.
6. Warn ing. The Software reflects cond itions as they existed at vari-
ous points in time before Customer purchased its copy of the Soft-
ware. Accordingly, the Software may contain inaccurate or
incomplete data or information due to the passage of time, road
construction and changi ng cond itions or otherwise. The Software
does not include, analyze, process, consider or reflect any of the
following: legal restrictions (such as vehicular type, weight, height,
width, load and speed restrictions); road slope or grade; bridge
height, width, weight or other limits; population density; neighbor-
hood qual ity or safety; avai labi Iity or proxi mity of law enforcement,
emergency rescue, medical or other assistance; construction work
zones or hazards; road or lane closures; road, traffic or traffic facili-
tion are copyrighted works of authorship and contain valuable
secret and confidential information proprietary to Magellan and its
third party suppliers, as applicable. Any and all intellectual prop-
erty rights in or to the Software and Documentation shall be and
remain the sole property of Magellan, and any and all intellectual
property rights in or to any Third Party Software shall be and remain
the sole property of the applicable third party supplier. Customer
shall exercise due care in connection with the use, storage and
copyi ng of the Software and wi II treat the Software, Th i rd Party
Software and the Documentation with the same degree of care that
it uses for its own confidential information. For the avoidance of
doubt, as between Customer and Magellan, Magellan shall retain
exclusive use and ownership of all trademarks related to the Soft-
ware.
5.Disclaimer of Warranties. MAGELLAN AND ITS THIRD PARTY
SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, THIRD
PARTY SOFTWARE, MEDIA, DOCUMENTATION, RESULTS OR
ACCURACY OF DATA AND HEREBY EXPRESSLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU-
LAR PURPOSE OR NON-INFRINGEMENT. THE SOFTWARE AND
THIRD PARTY SOFTWARE ARE PROVIDED ON AN liAS IS" AND
liAS AVAILABLE" BASIS, AND MAGELLAN AND ITS THIRD PARTY
SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL
MEET CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATION
WILL BE UNINTERRUPTED OR ERROR-FREE.
6. Warn ing. The Software reflects cond itions as they existed at vari-
ous points in time before Customer purchased its copy of the Soft-
ware. Accordingly, the Software may contain inaccurate or
incomplete data or information due to the passage of time, road
construction and changi ng cond itions or otherwise. The Software
does not include, analyze, process, consider or reflect any of the
following: legal restrictions (such as vehicular type, weight, height,
width, load and speed restrictions); road slope or grade; bridge
height, width, weight or other limits; population density; neighbor-
hood qual ity or safety; avai labi Iity or proxi mity of law enforcement,
emergency rescue, medical or other assistance; construction work
zones or hazards; road or lane closures; road, traffic or traffic facili-
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