Hyundai ATCA0THAN User Manual page 91

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.
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.
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