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acquired or used, certain data included in the Software may have been modified without ViaMichelin or its suppliers
having been informed of this.
5. This warranty does not cover real time traffic information services that you may access using your ViaMichelin
portable navigation system, subject to availability of these services in the country in which you are travelling. Such
services are provided under the sole responsibility of the respective providers, which may be private or public entities.
No warranty as to the accessibility or availability of such services is provided. Any warranty as to the reliability, accuracy,
comprehensiveness or real-time updating of any information, messages or warnings sent via these services is also
excluded.
Remedies: In the event of a hidden defect of which ViaMichelin is informed during the warranty period, your sole
remedy shall be to obtain the repair or replacement of the Hardware and/or the Software, solely at ViaMichelin's
discretion and at its expense. If ViaMichelin cannot reasonably repair or replace the product, ViaMichelin may, solely at
its discretion, refund to you the purchase price paid for the product. Replaced parts or products may be new or
refurbished or versions that are comparable to the defective ViaMichelin Product. ViaMichelin warrants all replaced
Hardware and/or Software for a period of ninety (90) days from the date of shipment or until the end of the original
warranty period if this is later.
Implementation of the warranty: To implement this warranty, you should contact the retailer you purchased the
ViaMichelin Product from and return the Hardware and/or Software to it during the applicable warranty period,
following the instructions the retailer will give you. Dated proof of the initial purchase will be required.
Exclusions from the warranty: This warranty excludes all other express, implicit or statutory warrantees, conditions and
terms, including merchantability warrantees, suitability for a specific use, accuracy, compliance with the description,
regarding satisfactory quality, the absence of any virus in the Software and non-copyright infringement.
However, no provision of this warranty shall affect your statutory rights.
Limitation of responsibility and liability: Insofar as this is allowed by the applicable regulations, ViaMichelin and/or its
suppliers shall under no circumstances be responsible for any direct and/or indirect damage, special or subsequent
damage, in particular, for information purposes but not limited to, the loss of earnings or profit, loss of business, loss of
data and loss of software, or of hardware, including the costs of recovery, reproduction or repairs following the above-
mentioned loss, caused by the use of and/or the impossibility of using the ViaMichelin Product even if ViaMichelin
and/or its suppliers have been informed of the possibility of said damage. In any event, ViaMichelin's liability shall be
limited to the price you paid for the ViaMichelin Product.
Severability: If one of the provisions of this warranty proves to be invalid, unlawful or inapplicable, this shall not affect
the validity, lawfulness and applicability of the other provisions.
Governing law and jurisdiction: For sales in Canada, Mexico or the United States, this warranty agreement shall be
governed by the law of the State of New York. For all other sales, this warranty agreement shall be governed by the law of
France.
The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to
this warranty agreement.
Please note: If you use the ViaMichelin portable navigation system in your vehicle, you are responsible for positioning and
using the navigation tools inside your vehicle so that the driver's visibility is not obstructed and the operation of safety
systems is not hindered, and so as to avoid any risk of accident, injury and/or damage. You must obey road safety rules and
only handle the ViaMichelin portable navigation system when your vehicle is stationary. ViaMichelin and/or its suppliers
shall not be liable for any use of this product that may cause accidents or damage or that break the law, or for any direct or
indirect consequences thereof.
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