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iv NAVIGON 7100 User’s Guide January 2008
NAVIGON, INC. Revision 2.0
RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU. EXCEPT AS OTHERWISE EXPRESSLY STATED IN
THIS AGREEMENT, NAVIGON DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS,
ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEAL-
ING, USAGE OR TRADE PRACTICE. YOU UNDERSTAND AND AGREE THAT THE USE OF
THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE
EXPRESSLY STATED IN THIS AGREEMENT, NAVIGON WILL NOT BE LIABLE OR RESPON-
SIBLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY TYPE OF DIRECT, INCIDEN-
TAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF
PROPRIETARY MATERIAL, RIGHTS OR SERVICES, BUSINESS INTERRUPTION, LOSS OR
CORRUPTION OF ELECTRONIC COMMUNICATIONS, OR INTERRUPTION OR LOSS OF USE
OF SERVICES OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES, OTHER PECUNIARY LOSS, AND WHETHER ARISING UNDER THEORY OF CON-
TRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF
NAVIGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE
FORESEEABLE. IN NO EVENT SHALL NAVIGON’S TOTAL LIABILITY (WHETHER ARISING
UNDER A THEORY OF CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE) UNDER OR IN CONNECTION WITH THIS AGREEMENT OR BASED ON ANY
CLAIM FOR INDEMNITY OR CONTRIBUTION EXCEED THE AMOUNT OF PURCHASE PRICE
OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABIL-
ITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION MAY NOT APPLY TO YOU.
6. CONFIDENTIALITY: You acknowledge that the Software contains proprietary trade
secrets and you hereby agree to maintain the confidentiality of Software and not to disclose or
provide access thereto to any person.
7. THIRD PARTY SOFTWARE LICENSES: NAVIGON may make use of third party software.
Notwithstanding the terms and conditions of this License, use of some third party materials
included in the Software may be subject to other terms and conditions.
8. TERMINATION: This Agreement automatically terminates if you fail to comply with the
terms hereof or if you attempt to assign the Agreement or transfer the Software to a third party
except as expressly permitted in this Agreement. If such should occur, you must destroy all cop-
ies of the Software and all of its component parts. All provisions of this Agreement, except for the
license grant above, survive the termination of this Agreement.
9. ENTIRE AGREEMENT: The terms and conditions of this Agreement, including any
addendum or agreement to it which may be included with the accompanying package of the Soft-
ware (and/or Hardware), plus the Limited Warranty, if applicable, reflect the entire agreement
between You and NAVIGON with respect to the subject matter hereof and will supersede and
replace all prior understandings and agreements, in whatever form, regarding the subject matter.
This Agreement shall not be modified or amended except in writing signed by NAVIGON. This
Agreement shall take precedence over any other documents that may be in conflict therewith.
10. TRANSLATIONS: The original English version of this Agreement may have been
translated into other languages. The English version of this Agreement is the controlling version.
11. JURISDICTION AND DISPUTES