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iv ESCORT SmartMirror User’s Guide 2009
ESCORT INC / NAVIGON INC Revision 1.0
iv SmartMirror User’s Guide 2008
AZENTEK, LLC Revision 2.0
ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE
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, AZENTEK/NAVIGON DOES NOT MAKE, AND HEREBY EXPRESSLY DIS-
CLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUR-
POSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A
COURSE OF DEALING, 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, AZENTEK/NAVIGON WILL NOT BE LIABLE OR
RESPONSIBLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY TYPE OF DIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUD-
ING, 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 DAMAGES, OTHER PECUNIARY LOSS, AND WHETHER ARISING UNDER THEORY
OF CONTRACT, 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 AZENTEK/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 LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUEN-
TIAL 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: AZENTEK/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 AZENTEK/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
AZENTEK/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.