Navigon 10000300 User Guide - Page 6

DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 7.2 This exclusion does not apply to (a) any implied condition as to title and (b) any implied warranty as to conformity with description. If applicable law requires any implied warranties with respect to the Software, Content or the Hardware Device, all such warranties are limited in duration to ninety (90) days unless stated otherwise in writing. 7.3 Any suggestions by NAVIGON or NAVIGON's agents regarding use, application, or suitability of the Software shall not be construed as an express warranty unless confirmed to be such in writing by NAVIGON. 8. LIMITATION OF LIABILITY 8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS LICENSE, 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. 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. 8.2 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 LICENSE OR BASED ON ANY CLAIM FOR INDEMNITY OR CONTRIBUTION EXCEED THE AMOUNT OF PURCHASE PRICE OF THE LICENSE. NOTWITHSTANDING ANY OF THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NAVIGON WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER, WHICH ARISE MORE THAN ONE (1) YEAR PRIOR TO THE INSTITUTION OF A LAWSUIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 8.3 Without limiting the foregoing, NAVIGON shall not be liable for any loss resulting from a cause over which NAVIGON does not have sole and direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines; telephone or other interconnection problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; problems with equipment or services relating to your computers; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone services; unauthorized access, theft, operator errors, severe vi April 2008 NAVIGON, INC. Revision 1.0