support services provided by NAV2 shall be
substantially as described in applicable written
materials provided to you by NAV2, and NAV2's
support engineers will make commercially reasonable
efforts to solve any problem issues.
Customer Remedies.
NAV2 and its suppliers' entire
liability and your exclusive remedy shall be, at
NAV2's sole discretion, either (a) return of the price
paid, if any, or (b) repair or replacement of the Data
that do not meet NAV2's Limited Warranty and that
are returned to NAV2 with a copy of your receipt.
This Limited Warranty is void if failure of the Data has
resulted from accident, abuse, or misapplication. Any
replacement Data will be warranted for the remainder
of the original warranty period or thirty (30) days,
whichever is longer. Neither these remedies nor any
product support services offered by NAV2 are
available without proof of purchase from an
authorized international source.
No Other Warranty.
EXCEPT FOR THE LIMITED
WARRANTY SET FORTH ABOVE AND TO THE
EXTENT PERMITTED BY APPLICABLE LAW, NAV2
AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM ANY
WARRANTIES, EXPRESS OR IMPLIED, OF
QUALITY, PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
OWNERSHIP OR NON-INFRINGEMENT. Certain
warranty exclusions may not be permitted under
applicable law, so to that extent the above exclusion
may not apply to you.
Limited Liability.
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NAV2 AND ITS LICENSORS
(INCLUDING THEIR LICENSORS AND
SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN
RESPECT OF ANY CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE CAUSE
OF THE CLAIM, DEMAND OR ACTION ALLEGING
ANY LOSS, INJURY OR DAMAGES, DIRECT OR
INDIRECT, WHICH MAY RESULT FROM THE USE
OR POSSESSION OF THE INFORMATION; OR
FOR ANY LOSS OF PROFIT, REVENUE,
CONTRACTS OR SAVINGS, OR ANY OTHER
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF
YOUR USE OF OR INABILITY TO USE THIS
INFORMATION, ANY DEFECT IN THE
INFORMATION, OR THE BREACH OF THESE
TERMS OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR BASED ON
A WARRANTY, EVEN IF NAV2 OR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. UNDER NO CIRCUMSTANCES
SHALL NAV2's OR ITS SUPPLIERS' LIABILITY
HEREUNDER EXCEED THE PRICE PAID. Certain
liability exclusions may not be permitted under
applicable law, so to that extent the above exclusion
may not apply to you.
Export Control.
You agree not to export to anywhere
any part of the Data provided to you or any direct
product thereof except in compliance with, and with
all licenses and approvals required under, applicable
export laws, rules and regulations.
IP Protection.
The Data are owned by NAV2 or its
suppliers and are protected by applicable copyright
and other intellectual property law and treaties. The
Data are provided solely on the basis of a license to
use, not sale.
Entire Agreement.
These terms and conditions
constitute the entire agreement between NAV2 (and
its licensors, including their licensors and suppliers)
and you pertaining to the subject matter hereof, and
supersedes in their entirety any and all written or oral
agreements previously existing between us with
respect to such subject matter.
Governing Law.
The above terms and conditions
shall be governed by the laws of the People's
Republic of China, without giving effect to (i) its
conflict of laws provisions, or (ii) the United Nations
Convention for Contracts for the International Sale of
Goods, which is explicitly excluded. You agree to
submit to the jurisdiction of People's Republic of
China for any and all disputes, claims and actions
arising from or in connection with the Data provided
to you hereunder.
Trademark Notices
Garmin
®
and the Garmin logo are trademarks of
Garmin Ltd. or its subsidiaries, registered in the USA
and other countries. ecoRoute
™
, myTrends
™
, and
trafficTrends
™
are trademarks of Garmin Ltd. or its
subsidiaries. These trademarks may not be used
without the express permission of Garmin.
The Bluetooth
®
word mark and logos are owned by
the Bluetooth SIG, Inc., and any use of such name by
Garmin is under license. All other company names
and trademarks mentioned or referenced in this
documentation are the properties of their respective
owners. All rights reserved.
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