Magellan Maestro 4040 User Manual page 95

This Agreement is effective until terminated. The license will termi-
nate without any notice from
Licensor if you fail to comply with any provisions of this Agreement.
Upon termination, you must cease all use of the Software and doc-
umentation and return them, and any copies thereof, to Licensor.
The Agreement is governed by and construed in accordance with
the laws of the State of California without regard to conflict of laws
provisions thereof and without regard to the United Nations Con-
vention on Contracts for the International Sale of Goods. These
terms and conditions constitute the entire agreement between
licensor (and its licensors, including their licensors and suppliers)
and you pertaining to the subject matter hereof, and supersedes in
their entirety any and all written or oral agreements previously exist-
ing between us with respect to this subject matter.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. :
EXCEPT AS SET FORTH IN THE LIMITED WARRANTY THAT
ACCOMPANIES THE PRODUCT, LICENSOR AND ITS THIRD-
PARTY SUPPLIERS (AND THEIR THIRD-PARTY SUPPLIERS)
MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR
IMPLIED, REGARDING THE SOFTWARE, MEDIA, DOCUMENTA-
TION, RESULTS OR ACCURACY OF SOFTWARE AND HEREBY
EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABIL-
ITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONIN-
FRINGEMENT. THE SOFTWARE IS PROVIDED liAS IS.
1I
LICENSOR
AND ITS THIRD PARTY SUPPLIERS (AND THEIR THIRD-PARTY
SUPPLIERS) DO NOT WARRANT THE SOFTWARE WILL MEET
YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNIN-
TERRUPTED OR ERRORFREE.
Using a GPS receiver does not replace the need for good judgment
while navigating and should never be relied upon as the sole means
of navigation. Licensor and its third-party suppliers (and their third-
party suppliers) shall have no liability to you or any third party for
special, incidental, indirect or consequential damages (including,
but not limited to, loss of profits or savings, downtime, damage to
or replacement of equipment and property, or recovery or replace-
ment of programs or data) arising from claims based in warranty,
contract, tort (including negligence), strict liability, or otherwise