Navigon 10000172 User Guide - Page 4

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, 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, 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, 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 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 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 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 soft- ware. 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. iv NAVIGON 2100/2120 User's Guide January 2008 NAVIGON, INC. Revision 1.0