Alpine X409-WRA-JL Navigation Users Manual - Page 87

THE DATABASE OWNERS, THE SOFTWARE OWNER, THE SERVICE PROVIDERS AND THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED W ARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY LICENSOR OR ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, THIRD PARTY PROVIDERS, THE SOFTWARE OWNER OR THE DATABASE OWNERS AND SERVICE PROVIDERS SHALL CREATE A W ARRANTY, AND USER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF W ARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT. Licensor does not warrant that the Navigation Product is capable of interoperating with any system, device or product. 8.3 The Licensor does not assume any responsibility for damages incurred due to an error in the Navigation Product. 8.4 The Licensor does not assume any responsibility for damages incurred due to the Navigation Product not being applicable for any defined purpose, or due to the error or incompatibility of the Navigation Product with any other system, device or product. 8.5 NEITHER LICENSOR NOR ITS SUPPLIERS SHALL BE LIABLE TO USER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THIRD PARTY SUPPLIERS (E.G. DATABASE OWNERS, MAP PROVIDERS, SERVICE PROVIDERS, THE SOFTWARE OWNER) OR AGENTS OF LICENSOR SHALL HAVE NO MONETARY LIABILITY TO THE USER FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES FROM LICENSOR OR ANY OF ITS SUPPLIERS, YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID FOR THE NAVIGATION PRODUCT (OR UP TO 10 USD IF THE AMOUNT IS NOT CALCULABLE OR IF YOU ACQUIRED THE NAVIGATION PRODUCT FOR NO CHARGE). THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT APPLY EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE NAVIGATION PRODUCT DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR IF THE LICENSOR OR ITS SUPPLIERS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. 8.6 The Licensor also draws the attention of the User to the fact that, when using the Navigation Product in any form of vehicle, observing the traffic regulations and rules (e.g. use of obligatory and/or reasonable and suitable security measures, proper and generally expected care and attention in the given situation, and special care and attention required due to the use of the Navigation Product) is the exclusive responsibility of the User. The Licensor shall not assume any responsibility for any damages occurred in relation to use of the Navigation Product in any vehicle. Safety (e.g. speed) cameras are provided for informational purposes only and may not be used to encourage, facilitate or support the violation of any laws. Furthermore some countries prohibit the display or use of such features. Compliance with country specific laws and any usage or reliance on the information by user shall be at the User's own risk and sole responsibility. 8.7 Database and Services provided by third parties. The Licensor hereby excludes any liability of its own for the Database or information obtained through the Services in the Navigation Product. The Licensor does not warrant the quality, suitability, accuracy, fitness for a specific purpose or territorial coverage or availability of the Database or information. The Licensor specifically excludes any and all liability for the suspension or cancellation of any of the Services, and any damage arising due to cancellation of a Service. User acknowledges that the mapping data in Databases may contain geographical data and other data. 8.8 The User hereby acknowledges that (i) inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, may each lead to incorrect results; and (ii) that the Database or information obtained 88