JVC EXAD KD-NX901 Instructions Manual page 121

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No Warranty. The Product is provided to you "as is", and you agree to use it at your own risk. JVC and its
licensors (and their licensors and suppliers) make no guarantees, representations, conditions or warranties of
any kind, express or implied, arising by law or otherwise, respecting the Product including but not limited to,
content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness,
use or results to be obtained from this Product, or that use of the Product or of the server from which the Data
is accessed, if applicable, will be uninterrupted or error-free. You assume full responsibility for the selection of
the Product to achieve your intended purpose, for the proper installation and use of the Product and verifying the
results obtained from your use.
Disclaimer of Warranty: JVC AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS)
DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME
STATES, TERRITORIES AND COUNTRIES DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS,
SO TO THAT EXTENT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Disclaimer of Liability: JVC AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS)
SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING
ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE
OR POSSESSION OF THE PRODUCT; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR
SAVINGS, OR ANY OTHER DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATING TO THIS AGREEMENT, YOUR USE
OF OR INABILITY TO USE THE PRODUCT, ANY DEFECT IN THE PRODUCT, OR THE BREACH OF
THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON
A WARRANTY OR OTHER LEGAL THEORY, EVEN IF JVC OR ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT
IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS
DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY
AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT. SOME
STATES, TERRITORIES AND COUNTRIES DO NOT ALLOW CERTAIN LIABILITY EXCLUSIONS OR
DAMAGES LIMITATIONS, SO TO THAT EXTENT THE ABOVE MAY NOT APPLY TO YOU.
Termination. This Agreement is effective until terminated. Your rights under this Agreement will terminate
automatically without notice if you fail to comply with any of the terms and conditions of this Agreement. The
following provisions shall survive any termination or expiration of this Agreement: No Warranty, Disclaimer of
Liability, Indemnity, Entire Agreement, and Governing Law.
Export Control. You agree not to export from anywhere any part of the Product provided to you or any direct
product thereof except in compliance with, and with all licenses and approvals required under, applicable export
laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold JVC and its licensors (including their respective licensors,
suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees,
shareholders, agents and representatives of each of them) free and harmless from and against any claim, demand
or action, irrespective of the nature of the claim, demand or action, alleging any liability, loss, injury (including
injuries resulting in death), cost, expense, or damages of any kind or character, including but not limited to
attorney's fees, arising out of or in connection with any use or possession by you of this Product.
Entire Agreement. These terms and conditions constitute the entire Agreement between JVC and its licensors
(including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersede in its
entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
This Agreement may not be modified, amended or in any way altered except by an instrument in writing signed
by authorized representatives of both parties. In the event that any provision of this Agreement is found invalid
or unenforceable pursuant to judicial decree, the remainder of this Agreement shall remain valid and enforceable
according to its terms.
Warnings. The Data may contain inaccurate or incomplete information due to the passage of time, changing
circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead
to incorrect results.
121

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