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21
MANUFACTURER'S LIMITED WARRANTY AND LIMITATION OF LIABILITY:
1) You may only use the Software and Hardware after having read the instructions supplied with it before you
use it. If you have any difficulty using the Software and Hardware, consult the instructions to check you are
using it correctly.
2) The use of the Software and Hardware in a navigation system means that calculation errors can occur,
caused by local environmental conditions and/or incomplete data. ROUTE 66 cannot warrant that the
ROUTE 66 product and data carrier operates error-free.
3) ROUTE 66 warrants to you that the Hardware will be free from defects in workmanship and materials for a
period that is the shorter of (a) one (1) year from the date that the Hardware was first purchased by you and
(b) the period ending upon your breach of any term of the License ("Warranty Period"). During the Warranty
Period the Hardware will be repaired or replaced at ROUTE 66's option ("Limited Warranty"), without charge
to you for either part or labour. This warranty covers the prompt replacement of the data carrier only. If the
Hardware is repaired or replaced during the Warranty Period, the Warranty Period will expire five (5) months
from the date of replacement or repair. This Limited Warranty does not apply to normal wear and tear, if the
Hardware is opened or repaired by someone not authorized by ROUTE 66 and does not cover repair or
replacement of any Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or exposure to
heat and accident, abuse, non-compliance with the instructions supplied with the Software and/or Hardware,
neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the
Hardware.
4) Repair or replacement of the Hardware is the exclusive remedy provided to you. This Limited Warranty is
in lieu of all other warranties, express or implied, including any implied warranty or condition of
merchantability and/or quality or fitness for a particular use or purpose and/or any implied warranty or
condition of non-infringement. Neither ROUTE 66 nor any authorized distributor of ROUTE 66 shall in any
way be liable to you and you hereby waive any direct, indirect, economic, special, commercial, incidental,
exemplary or consequential damages (including without limitation), lost profits, loss of business revenue or
earnings, lost data, damages caused by delay or failure to realize expected savings (arising from or in
connection with the use or performance of the Software and/or Hardware, even if ROUTE 66 or an
authorized distributor of ROUTE 66 are aware of the possibility of such damages). This limitation is intended
to apply and does apply without regard to whether such damages are claimed, ascertained or brought in an
action or claim sounding in tort (including negligence) of contract, or other warranty, or any other law or form
of action. In no event shall ROUTE 66's liability to you or to any third party claiming through you, exceed the
purchase price of the Hardware and/or Software you purchase. This Limited Warranty shall not exclude or
limit the liability of ROUTE 66 for death or personal injury caused by the negligence of ROUTE 66, in
jurisdictions which do not allow such exclusion or limitation.
5) You cannot transfer this Limited Warranty to another person.
6) This Limited Warranty gives you specific legal rights and you may also have other rights that vary from
country to country. Some countries may not allow the exclusion or limitation of damages. If this Limited
Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or
render unenforceable the entire Limited Warranty, but rather the Limited Warranty shall be construed as if
not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of
each party shall be construed and enforced accordingly.