Blaupunkt MotoPilot User's Guide download pdf (Page 75)

Moto Pilot 3.2 User’s Guide

c) Some countries may not allow the exclusion or limitation of damages. If this Limited Warranty is held to

be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable

the entire Limited Warranty, but rather the Limited Warranty shall be construed as if not containing the

particular invalid or unenforceable provision or provisions, and the rights and obligations of each party shall

be construed and enforced accordingly.

d) Notwithstanding any damages that you might incur for any reason whatsoever (including, without

limitation, all damages referenced herein and all direct or general damages in contract or anything else), the

entire liability of infoware and any of its suppliers under any provision of this EULA and your exclusive

remedy hereunder (except for any remedy of repair or replacement elected by infoware with respect to any

breach of the Limited Warranty) shall be limited to the amount actually paid by you for the Software.

e) Although suppliers of software or other data (“Suppliers”) are not a party to this EULA and shall have no

obligations hereunder, any such supplier is a third party beneficiary of the End User’s rights under this

EULA. Suppliers shall not, to the extent permitted by applicable law, in any way be liable for any damages,

or loss of any kind, whether special, direct, indirect, incidental, or consequential, arising from the use of the

Software. Suppliers do not warrant, whether express or implied, including but not limited to, the implied

warranties of non-infringement, merchantability, completeness, accuracy, and fitness for a particular

purpose of Supplier’s data used in the Software.

6) TERMINATION: Without prejudice to any other rights, infoware may terminate this EULA if you fail to

comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the

Software and all of its component parts.

7) ADDITIONAL SOFWARE/SERVICES: this EULA applies to updates, supplements, add-on components,

or Internet-based services components, of the Software that infoware may provide to you or make available

to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate

terms. infoware reserves the right to discontinue Internet-based services provided to you or made available

to you through the use of the Software.

8) LINKS TO THIRD PARTY SITES: infoware is not responsible for the contents of any third-party sites or

services, any links contained in third-party sites or services, or any changes or updates to third-party sites or

services. infoware is providing these links and access to third-party sites and services to you only as a

convenience, and the inclusion of any link or access does not imply an endorsement by infoware of the

third-party site or service.

9) DISCLAIMER OF WARRANTIES: The Limited Warranty that appears above is the only express warranty

made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by

any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and

to the maximum extent permitted by applicable law, infoware and its suppliers provide the Software and

support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and

conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied

warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or

availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses,

and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or

other services, information, software, and related content through the Software or otherwise arising out of

the use of the Software. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession,

correspondence to description or non-infringement with regard to the Software.

10) ENTIRE AGREEMENT; SEVERABILITY: This EULA (including any addendum or amendment to this

EULA which is included with the accompanying package of the Hardware, the Software and/or is

downloaded through the Service) is the entire agreement between you and infoware relating to the Software

and/or the Service and the support services (if any) and they supersede all prior or contemporaneous oral or

written communications, proposals and representations with respect to the Software or any other subject

matter covered by this EULA. To the extent the terms of any infoware policies or programs for support

services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this

EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and

effect.

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Blaupunkt MotoPilot User's Guide Page 75

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