Hyundai ATC41GWAN User Manual page 116

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED
UNDER THE APPLICABLE LAWS, COMPANY AND THE LICENSORS
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, INCURRED BY YOU
OR ANY THIRD PARTY WHICH MAY ARISE IN CONNECTION WITH
OR RESULT FROM THE USE OR POSSESSION OF THE PRODUCT;
OR FOR ANY LOSS OF DATA, PROFIT, REVENUE, CONTRACTS OR
SAVINGS, OR OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF 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,
EVEN IF COMPANY OR THE LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING
THE FAILURE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Exclusions. Some jurisdictions do not allow certain warranty
exclusions or the limitation or exclusion of liability, so to that
extent the above exclusion may not apply to you. To the extent
that COMPANY may not, as a matter of applicable law, disclaim
any implied warranty or limit its liabilities, the scope and duration
of such warranty and the extent of COMPANY's liability shall
be the minimum permitted under such applicable law. The
disclaimer of warranty and limitation of liability set forth in this
EULA does not affect or prejudice your statutory rights where
you have acquired the Product otherwise than in the course of
business.
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Third-Party Copyright Notices. The third-party sourced data
has been incorporated into or made a part of the Product and is
being sublicensed to you subject to the terms and conditions of
this EULA. In this regard, you shall not remove or tamper with any
intellectual property rights notice attached or used in relation to
data supplied by the Licensors.
Entire Agreement. This EULA is the entire agreement between
COMPANY (and the Licensors) and you pertaining to the subject
matter hereof, and supersedes in their entirety any and all
previous written or oral communications or documents (including,
if you are obtaining an update, any agreement that may have
been included with an earlier version of the Product) with respect
to such subject matter.
Governing Law. This EULA shall be governed by the laws of
the jurisdiction in which you reside at the date of acquisition
of the Product. Should you at that moment reside outside the
European Union or Switzerland, the law of the jurisdiction within
the European Union or Switzerland where you acquired the
Product shall apply. In all other cases, or if the jurisdiction where
you acquired the Product cannot be defined, the laws of the
Republic of Korea shall apply. This EULA will not be governed by
the U.N. Convention on Contracts for the International Sale of
Goods. The courts competent at your place of residence at the
time you acquired the Product shall have jurisdiction over any
dispute arising out of, or relating to this EULA, without prejudice
to COMPANY's right to bring claims at your then current place of
residence.