A-Rival 2.5 Usermanual
50
b) The use of the Software in a navigation system means that calculation errors can occur, for instance
caused by local environmental conditions and/or incomplete data. infoware cannot warrant that the infoware
Software operates error-free.
c) 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.
d) Notwithstanding any damages that you might incur for any reason whatsoever (including, without
limitation, all damages referenced herein and all direct or general damages in contract or anything else), the
entire liability of infoware and any of its suppliers under any provision of this EULA and your exclusive
remedy hereunder (except for any remedy of repair or replacement elected by infoware with respect to any
breach of the Limited Warranty) shall be limited to the amount actually paid by you for the Software.
e) Although suppliers of software or other data (“Suppliers”) are not a party to this EULA and shall have no
obligations hereunder, any such supplier is a third party beneficiary of the End User’s rights under this
EULA. Suppliers shall not, to the extent permitted by applicable law, in any way be liable for any damages,
or loss of any kind, whether special, direct, indirect, incidental, or consequential, arising from the use of the
Software. Suppliers do not warrant, whether express or implied, including but not limited to, the implied
warranties of non-infringement, merchantability, completeness, accuracy, and fitness for a particular
purpose of Supplier’s data used in the Software.
6) TERMINATION: Without prejudice to any other rights, infoware may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the
Software and all of its component parts.
7) ADDITIONAL SOFWARE/SERVICES: this EULA applies to updates, supplements, add-on components,
or Internet-based services components, of the Software that infoware may provide to you or make available
to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate
terms. infoware reserves the right to discontinue Internet-based services provided to you or made available
to you through the use of the Software.
8) LINKS TO THIRD PARTY SITES: infoware is not responsible for the contents of any third-party sites or
services, any links contained in third-party sites or services, or any changes or updates to third-party sites or
services. infoware is providing these links and access to third-party sites and services to you only as a
convenience, and the inclusion of any link or access does not imply an endorsement by infoware of the
third-party site or service.
9) DISCLAIMER OF WARRANTIES: The Limited Warranty that appears above is the only express warranty
made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by
any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and
to the maximum extent permitted by applicable law, infoware and its suppliers provide the Software and
support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and
conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied
warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or
availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses,
and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or
other services, information, software, and related content through the Software or otherwise arising out of
the use of the Software. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession,
correspondence to description or non-infringement with regard to the Software.
10) ENTIRE AGREEMENT; SEVERABILITY: This EULA (including any addendum or amendment to this
EULA which is included with the accompanying package of the Hardware, the Software and/or is
downloaded through the Service) is the entire agreement between you and infoware relating to the Software
and/or the Service and the support services (if any) and they supersede all prior or contemporaneous oral or
written communications, proposals and representations with respect to the Software or any other subject
matter covered by this EULA. To the extent the terms of any infoware policies or programs for support
services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this
EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and
effect.
