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purpose or non-infringement. Some states do not allow
the exclusion of implied warranties, so some portion of
the above exclusion may not apply to you.
6. Limitation of Liability. HORIZON NAVIGATION, INC.
shall not be held responsible for any actual, anticipated
or speculative loss of profit or direct, indirect, incidental,
special, or consequential damages, including, without
limitation, loss of revenue, data, or use incurred by you
or any third party arising out of your use or possession of
the software, whether in an action in contract or tort or
based on a warranty, even if HORIZON NAVIGATION,
INC. has been advised of the possibility of such dam-
ages.
7. Warnings. A. Copies of the digital map database
reflect conditions as they existed at various points in time
before your receipt of such copies.
4. Indemnity. You agree to indemnify, defend and hold
free and harmless HORIZON NAVIGATION, INC.,
including its licensors, assignees, subsidiaries, affiliated
companies, and the respective officers, directors,
employees, shareholders, agents, authorized dealers or
sales agents, and representatives of each of them from
and against any liability, loss, injury, demand, cost,
expense, or claim of any kind of character, including but
not limited to attorney's fees, arising out of (a) any use or
possession of the Software, or (b) any breach of any war-
ranties or representations made by you in this Agreement
or of your obligations under this Agreement.
5. Disclaimer of Warranty. HORIZON NAVIGATION,
INC. does not make any warranties or representations,
either express or implied, with respect to the software,
without limiting the foregoing, HORIZON NAVIGATION,
INC. expressly disclaims any implied warranties of quali-
ty, performance, merchantability, fitness for a particular
7.5. End-User License Agreement