Rand McNally TND 765 User Manual page 28

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TND ™ 765 Fleet Edition User Manual
Use of the Rand McNally TND 765 Fleet Edition Device
™
IMPORTANT: By using the TND 765 Fleet Edition device you are agreeing to be
™
bound by the Terms and Conditions for Use of the Rand McNally TND ™ 765 Fleet
Edition (referred to as "Terms & Conditions"). These Terms and Conditions, including
the Rand McNally TND ™ 765 Service Plan Terms, the Privacy Policy, Terms of Use, and
other applicable terms located at www.randmcnally.com/765serviceterms, and
terms of use for wireless products, features, applications, and accessories not otherwise
described herein that are posted on applicable Rand McNally websites or devices, and
any documents expressly referred to herein or therein, make up the complete agreement
between Customer and Rand McNally, with respect to Customer's subscription to the
service plan and use of the TND ™ 765 Fleet Edition device.
Warranty.
a. ALL WARRANTIES EXTENDED BY RAND MCNALLY TO CUSTOMER WITH RESPECT TO
THE PRODUCTS AND THE SOFTWARE ARE SET FORTH SOLELY AND EXCLUSIVELY IN
THE TERMS AND CONDITIONS TO THE RAND MCNALLY CUSTOMER AGREEMENT,
WHICH CONTAINS LIMITATIONS OF WARRANTIES, LIMITATIONS OF DAMAGES,
AND LIMITATIONS OF LIABILITY THAT APPLY TO RAND MCNALLY'S PERFORMANCE
UNDER THIS AGREEMENT. ACCESSORIES AND OTHER PRODUCTS AND SERVICES
MANUFACTURED OR PROVIDED BY THIRD PARTIES, INCLUDING THIRD PARTY SERVICES,
SHALL BE SUBJECT TO THE WARRANTIES PROVIDED BY SUCH MANUFACTURERS OR
THIRD PARTIES.
b. Device Warranty. RAND MCNALLY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS,
SERVICES, INTELLECTUAL PROPERTY OR ANY OTHER MATTER RELATED TO THIS
AGREEMENT, EXCEPT THAT RAND MCNALLY WARRANTS ONLY AS FOLLOWS: Rand
McNally warrants to Customer with respect to each Device, for the duration of the
Warranty Period set forth on the applicable Order form, commencing on the date of
shipment of the Device from Rand McNally Facilities ("Warranty Period"), that the
Device will: (i) be in operating condition upon delivery to Customer and free from
material defects in materials or workmanship; (ii) perform in substantially conformity
to its specifications contained in the Documentation under normal and proper use in
accordance with its specifications and within the specified operating and environmental
parameters of the Device set forth in the Documentation; and (iii) shall be free from
damage caused by environmental effects under normal and proper use in accordance
with the specifications and within the specified operating and environmental parameters
of the Device set forth in the Documentation; provided no alteration has been made
to the Device after delivery. Rand McNally shall not be liable for reasonable wear and
tear, damage caused by usage outside the specifications and the specified operating
and environmental parameters of the Device set forth in the Documentation, failure
to properly maintain, damage caused by corrosives, abrasives or foreign objects, for
damage to cables used in or in connection with the Device or to vehicle electrical,
computer or other systems. Rand McNally shall have no obligation as to any Device
which has been improperly stored or handled, which has been placed in environmental
conditions beyond its specifications or the specified operating and environmental
parameters for the Device set forth in the Documentation, or which has not been
operated or maintained according to good practice and with reasonable care or in
accordance with the Documentation, nor shall Rand McNally be liable for any misuse,
or the fault, negligence, want of skill, or wrongful acts of Customer, permitted users,
other contractors or agents of Customer or any other third party. If Customer requires
repair after expiration of the Warranty Period, then Customer shall be charged the then-
applicable rates to repair such Device together with the costs of shipping.
c. Software Warranty. Rand McNally warrants to Customer that, during the Service Term,
the Software and Software updates: (i) will operate in all material respects in accordance
with the Documentation, (ii) that the Software will be free from physical defects in
the media that tangibly embodies the Software, (iii) that the Software shall have been
tested prior to delivery to Customer to ensure, to the extent possible using commercially
available anti-virus technology, that at the time of delivery, it is free from harmful viruses
(e.g., Trojan horse, worm or other software routines designed to permit unauthorized
TND ™ 765 Fleet Edition User Manual
51