Eclipse AVN5500 User Manual page 149

DISCLAIMER OF WARRANTY
GDT does not warrant or make any representations regarding, either express or implied,
regarding the use or results of the use of the DATABASE in terms of its correctness, accuracy,
reliability, or otherwise, and expressly disclaims any implied warranties of quality, performance,
merchantability, fitness for a particular purpose or non-infringement. GDT does not warrant that
the DATABASE is or will be error free. No oral or written information or advice provided by GDT,
your supplier or any other person shall create a warranty.
LIMITATION OF LIABILITY
The price of the DATABASE does not include any consideration for assumption of risk of
consequential, indirect or unlimited direct damages which may arise in connection with your
use of the DATABASE. Accordingly, in no event shall GDT or supplier of the navigation
system using the DATABASE ("Supplier") be liable for any consequential, special, incidental or
indirect damages, including without limitation, loss of revenue, data, or use, incurred by you or
any third party arising out of your use of the DATABASE, whether in an action in contract or
tort or based on a warranty, even if GDT or the Supplier has been advised of the possibility of
such damages. In any event GDT's liability for direct damages is limited to the price of your
copy of the DATABASE.
THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY, SET FORTH IN THIS
AGREEMENT, DO NOT AFFECT OR PREJUDICE YOUR STATUTORY RIGHTS WHERE
YOU HAVE ACQUIRED THE DATABASE OTHERWISE THAN IN THE COURSE OF A
BUSINESS.
Some states and laws do not allow the exclusion of implied warranties, so the above
disclaimer may not apply to you.
WARNINGS
The DATABASE reflects reality as existing before you received the DATABASE and it
comprises data and information from government and other sources, which may contain
errors and omissions. Accordingly, the DATABASE may contain inaccurate or incomplete
information due to the passage of time, changing circumstances, and due to the nature of the
sources used. The DATABASE does not include or reflect information on - inter alia -
neighborhood safety; law enforcement; emergency assistance; construction work; road or
lane closures; vehicle or speed restrictions; road slope or grade; bridge height, weight or other
limits; road or traffic conditions; special events; traffic congestion; or travel time.
GOVERNMENT END USERS
If the DATABASE is for a region of North America and is being acquired by or on behalf of the
United States government or any other entity seeking or applying rights similar to those
customarily claimed by the United States government, the DATABASE is licensed with "limited
rights." Utilization of the DATABASE is subject to the restrictions specified in the "Rights in
Technical Data and Computer Database" clause at DFARS 252.227-7013, or the equivalent
clause for non-defense agencies. Manufacturer of the DATABASE for North America is
Geographic Data Technology, Inc., at 11 Lafayette Street, Lebanon, New Hampshire 03766,
USA.
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