Limitations Of Liability And Conditions Of Use - Iridium GO! exec User Manual

NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF
INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE,
OR TRADE PRACTICE, OR RELATED TO THE PERFORMANCE OR NONPERFORMANCE OF
ANY PRODUCTS, ACCESSORIES, FACILITIES OR SERVICES. ANY OTHER STANDARDS OF
PERFORMANCE, GUARANTEES, CONDITIONS AND WARRANTIES ARE HEREBY
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THIS
DISCLAIMER SHALL APPLY EVEN IF THIS EXPRESS LIMITED WARRANTY FAILS OF ITS
ESSENTIAL PURPOSE. FURTHER, THIS LIMITED WARRANTY COVERS THE PRODUCT
ONLY, AND NO WARRANTY IS MADE AS TO USER INFORMATION AND/OR TO COVERAGE,
AVAILABILITY OR GRADE OF SERVICE PROVIDED BY IRIDIUM SEPARATELY FOR IRIDIUM
SATELLITE SERVICES. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION OF
THIS LIMITED WARRANTY.

Limitations of Liability and Conditions of Use

This Limited Warranty is your sole and exclusive remedy. These terms and conditions supersede
any prior agreements or representations, including those made in Iridium sales literature or advice
given to you by Iridium or an Iridium Service Provider in connection with your purchase.
IN NO EVENT SHALL IRIDIUM BE LIABLE, WHETHER IN CONTRACT OR TORT OR ANY
OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION STRICT LIABILITY, GROSS
NEGLIGENCE OR NEGLIGENCE, FOR ANY DAMAGES IN EXCESS OF THE PURCHASE
PRICE OF THE PRODUCT AND/OR THE COST OF IRIDIUM SATELLITE SERVICES
PROVIDED. NOR SHALL IRIDIUM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR LOSS OF
REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF PRIVACY, LOSS OF USE, LOSS OF
TIME OR INCONVENIENCE, LOSS OF INFORMATION OR DATA, SOFTWARE OR
APPLICATIONS OR OTHER FINANCIAL LOSS CAUSED BY THE PRODUCT AND/OR THE
IRIDIUM SATELLITE SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH THE
ABILITY OR INABILITY TO USE, OR THE USE OF THE PRODUCT AND/OR THE IRIDIUM
SATELLITE SERVICES, TO THE FULLEST EXTENT THESE DAMAGES MAY BE DISCLAIMED
BY LAW AND REGARDLESS OF WHETHER IRIDIUM WAS ADVISED OF THE
POSSIBILITIES OF SUCH DAMAGES. IRIDIUM IS NOT LIABLE FOR ANY CLAIM MADE BY A
THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
USERS OF THE IRIDIUM SATELLITE SERVICES AND RELATED EQUIPMENT, INCLUDING
WITHOUT LIMITATION THOSE USING THE SERVICE AND THE PRODUCT IN ANY MANNER
IN CONJUNCTION WITH EMERGENCY 911 (U.S.), EMERGENCY TRIPLE ZERO (000)
(AUSTRALIA), 112 (EUROPEAN UNION), OR ANY OTHER DISTRESS CALLING OR
EMERGENCY SERVICES IN ANY JURISDICTION, BOTH PUBLIC OR PRIVATELY
OPERATED, ACKNOWLEDGE AND AGREE AS A CONDITION OF THE PROVISION OF
SERVICE AND PRODUCT BY IRIDIUM THAT THEY WILL MAKE NO CLAIM, WHETHER IN
CONTRACT, INDEMNITY, TORT OR ANY OTHER LEGAL THEORY AGAINST IRIDIUM FOR
BODILY INJURY, LOSS OF LIFE, DAMAGE TO PROPERTY OR FOR ANY OTHER LOSS
WHATSOEVER, OR FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR
PUNITIVE DAMAGES, BY REASON OF ANY UNAVAILABILITY, DELAY, FAULTINESS OR
FAILURES OF THE IRIDIUM FACILITIES OR SERVICE, PRODUCT, OR EQUIPMENT OR FOR
INACCURACIES OR FAILURES WITH REGARD TO ANY USER INFORMATION PROVIDED.
THIS IS A WAIVER, RELEASE AND DISCLAIMER OF WARRANTY AND LIMITATION OF
LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND APPLIES
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