DeLorme Topo North America 10.0 User Manual page 351

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WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No Consequential Damages. IN NO EVENT SHALL DELORME BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF REVENUES OR PROFITS, EVEN IF DELORME HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION AND TRANSFER
DeLorme may terminate this Agreement at any time for any reason, including, but not
limited to, if DeLorme finds that you have violated any of the terms of this Agreement or
that you have attempted to exceed the licensed uses in any way. Termination will be
effective upon written notice to you. Upon termination of this Agreement you agree to
promptly return all copies of the System, documentation and other materials furnished to
you or made by you, including unauthorized copies. Termination is in addition to and not in
lieu of any other remedies available to DeLorme. All provisions relating to property rights
shall survive termination. You are not authorized to transfer your rights under this
Agreement.
OTHER
This Agreement contains the complete understanding between the parties and supersedes
and replaces any prior or contemporaneous agreement or understanding, whether oral or
written, with respect to its subject matter. This Agreement shall be governed by the laws of
the State of Maine, applicable to agreements wholly executed and wholly performed in
Maine. Any action relating to this Agreement shall be brought in federal or state court in
Maine and the parties consent to the personal jurisdiction of either such court.
U.S. Government Rights in Commercial Software
Use, duplication, or disclosure by the Government of all parts of the Licensed Data except
any USGS data is subject to restrictions set forth in the commercial computer software
license agreement under which the software is delivered by DeLorme and as provided in
DFARS 227.7202-1(a) and 227.7202-3(a) or DFARS 227.225-7013 (OCT 1988), as
applicable, or FAR 12.212(a), FAR 52.227-14 or FAR 52.227-19, as applicable.
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