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under this Section 8 by Magellan shall not limit or prejudice any
right of Magellan to recover damages or other rights or remedies,
or give rise to any right or recovery by Customer.
9. Indemnification. Customer shall indemnify Magellan and
its third party suppliers against any claims related to Customer’s
use of the Software, Third Party Software and Documentation,
including claims for loss of data and business interruption.
10. Consumer End Users Only. The limitations or exclusions of
warranties and liability contained in this Agreement do not affect
or prejudice the statutory rights of a consumer, i.e., a person
acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability
contained in this Agreement shall apply to you only to the extent
such limitations or exclusions are permitted under the laws of the
jurisdiction where you are located.
11.0 General Provisions
11.1 Force Majeure. Neither Customer nor Magellan shall be
liable in any circumstances for failure to perform under this
Agreement where such failure is due to a cause beyond such
party’s reasonable control.
11.2 Notices. Any notices required or permitted to be given
hereunder to Magellan, or any other communications related
hereto, shall be sent to the appropriate Magellan address set forth
below by internationally-recognized overnight courier.
11.3 Confidentiality. Any information disclosed by Magellan
to Customer shall be held by Customer in confidence and not
disclosed, and Customer shall ensure that such information is not
disclosed to a third party in any manner except with the prior
written consent of Magellan.
11.4 Entire Agreement; No Waiver. This Agreement represents
the entire understanding of the parties with respect to the subject
matter hereof, and supersedes any other prior understanding of
the parties, whether written or oral. No amendment, alteration or
waiver of this Agreement shall be effective unless made in writing
and signed by both parties.
11.5 Governing Law. This Agreement shall be governed and
construed in accordance with the laws of the State of California,
United States, without regard to its conflicts of law principles and
without regard to the United Nations Convention on Contracts
for the International Sale of Goods. The parties shall attempt to
resolve any disputes arising under this Agreement in good faith.
11.6 Construction and Severability. In the event any portion of
this Agreement is determined to be invalid or unenforceable by a
court of competent jurisdiction, the remainder of this Agreement
shall remain in effect and such provision shall be replaced with
a valid and enforceable provision with an effect as close as
possible to the invalid or unenforceable provision. As used in this
Agreement, the terms “include” and its correlative terms shall be
deemed to be terms of example and not limitation.
11.7 Injunctive Relief. Magellan shall have the right to enforce
the terms and conditions of this Agreement by equitable
relief where applicable, including injunctive relief and specific
performance, without the necessity of posting a bond.
11.8 Assignment. Customer shall have no right to assign or
transfer all or any portion of this Agreement by operation of law
or otherwise (including by merger, acquisition, consolidation or
sale of all or substantially all assets of Customer).
11.9 Export Control. Customer agrees not to export from
anywhere any part of the Software, including Third Party
Software, provided to Customer or any direct product thereof,
except in compliance with, and with all licenses and approvals
required under, applicable export laws, rules and regulations.
11.10 Government End Users. If the Software 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, Customer shall contact
Magellan at the Magellan address set forth below for a copy of the
additional terms and conditions governing such Customer’s use.
Legal Notices
Federal Communication Commission
Interference Statement
This equipment has been tested and found to comply with the
limits for a Class B digital device, pursuant to Part 15 of the FCC
Rules. These limits are designed to provide reasonable protection
against harmful interference in a residential installation. This
equipment generates, uses and can radiate radio frequency energy
and, if not installed and used in accordance with the instructions,
may cause harmful interference to radio communications.
However, there is no guarantee that interference will not
occur in a particular installation. If this equipment does cause
harmful interference to radio or television reception, which can
be determined by turning the equipment off and on, the user
is encouraged to try to correct the interference by one of the
following measures:
• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver.
• Connect the equipment into an outlet on a circuit different
from that to which the receiver is connected.
• Consult the dealer or an experienced radio/TV technician
for help.
This device complies with Part 15 of the FCC Rules. Operation
is subject to the following two conditions: (1) This device may
not cause harmful interference, and (2) this device must accept
any interference received, including interference that may cause
undesired operation.
FCC Caution: Any changes or modifications not expressly
approved by the party responsible for compliance could void the
user’s authority to operate this equipment.
FCC Radiation Exposure Statement
This equipment complies with FCC radiation exposure limits set
forth for an uncontrolled environment. End users must follow
the specific operating instructions for satisfying RF exposure
compliance.
This transmitter must not be co-located or operating in