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XDVDN9131 OPERATION
78
End-User License Agreement (EULA)
6) LIMITED WARRANTY: a) The Software is intended to be used only as a travel aid and must not be used for any
purpose requiring precise measurement of direction, distance, location or topography. EnGIS makes no warranty
as to the accuracy or completeness of map data or other third-party content in the application. EnGIS does not and
cannot warrant that the Software operate error-free. You should be particularly aware of the fact that calculation
errors may occur when using Software for instance caused by local environmental conditions and/or incomplete
data. b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENGIS AND ITS SUPPLIERS PROVIDE THE
SOFTWARE “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, NON-INFRINGEMENT, QUIET ENJOYMENT,
SYSTEM INTEGRATION, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR
AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT, LACK OF
VIRUSES, AND REASONABLE CARE AND SKILL, 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. This exclusion does
not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description. If
applicable law requires any implied warranties with respect to the Software, all such warranties are limited in
duration to ninety (90) days. Some states and/or jurisdictions do not allow limitations on how long an implied
warranty lasts, so the above may not apply to you. c) This Limited Warranty 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.
7) LIMITATION OF LIABILITY: a) NEITHER ENGIS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING
IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE ANY THIRD PARTY EQUIPMENT
OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF ENGIS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. b) 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 ENGIS AND ANY
OF ITS SUPPLIERS ARISING FROM OR RELATED TO THIS EULA, SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE. c) Notwithstanding clauses 7(a) and (b), or anything else contained in this
EULA, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. d)
Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so
the above limitations or exclusions may not apply to you.
8) TERMINATION: Without prejudice to any other rights, EnGIS may immediately terminate this EULA if you fail to
comply with any of its terms and conditions. In such event, you must destroy all copies of the Software and all
of its component parts. The following provisions of this EULA will survive termination, will remain in effect after
termination of this EULA: Sections 3, 4, 6, 7, 8, 9, 10, and 11. EnGIS reserves the right, with or without notice, to
discontinue update, upgrade and supplement services provided to you or made available to you through the use of
the Software.
9) ENTIRE AGREEMENT: This EULA (including any addendum or amendment to it which may be supplied with the
Software), if applicable, and any other terms and conditions, if applicable, is the entire agreement between you and
EnGIS relating to the Software 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 that the terms of any EnGIS policies or programs for support services
conflict with the terms of this EULA, the terms of this EULA shall govern. 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.
10) TRANSLATIONS: The English version of this EULA is the controlling version. Any translations are provided for
convenience only.
11) GOVERNING LAW: This EULA shall be governed by the laws of the state of California, USA. The United Nations
Convention on Contract for the international Sale of Goods is hereby excluded in its entirety from application to this
Agreement.