InVion
Language
: US
Page
: 44 (of 50 Pages)
Version
: .0
Date
: 2007.
10
.
13
Model: GPS-
4
V
506-IUS
44
en
G
lISH
legal
1. notices, Disclaimers, and terms of use
. Limited Product Warranty Destinator Technologies, warrants to the Client that the Products shall substantially conform
to Destinator Technologies’ specification for a period of one (1) year from the date of the original purchase by the end
user (the “Warranty Period”). As Destinator Technologies’ sole obligation and Client’s exclusive remedy for any breach
of warranty, Destinator Technologies agrees, at its sole option, to (i) use reasonable efforts to repair the Product with
new or refurbished replacement parts; (ii) replace the Product with a new or refurbished unit; or (iii) refund the purchase
price, provided Client returns the defective Products to Destinator Technologies with proof of purchase and Destinator
Technologies’ authorization.
Destinator Technologies’ warranty hereunder does not apply in case of any damage caused by accident, abuse, misuse,
misapplication, or alteration of any kind performed by anyone other than Destinator Technologies. The Products are not
designed or licensed for use in mission-critical applications, or in hazardous environments, requiring fail-safe controls,
including without limitation operation of nuclear facilities, aircraft navigation or communication systems, air traffic control,
or life support or weapons systems. Without limiting the generality of the foregoing, Destinator Technologies specifically
disclaims any express or implied warranty or condition of fitness for such purposes. Destinator Technologies’ warranty
does not, in any event, apply to physical damage to the surface of the Product or replacement. Destinator Technologies
shall have no obligation with respect to any data stored in the Product.
Except as expressly stated in this section, Destinator Technologies makes no warranties or includes any conditions
with respect to the products, express or implied, including, but not limited to, the implied warranties or conditions of
merchantability, fitness for a particular purpose and no infringement.
2. Liability Limitation. In no event shall Destinator Technologies, be liable to Client, (and Client hereby waives any indirect,
special, incidental, or consequential damages in connection with) the transactions contemplated by this agreement,
whether or not such damages were foreseen, or their likelihood disclosed. Destinator Technologies shall not be liable to
Client or any third party claiming through Client, for any damages of any kind in excess of the amounts paid by Client
under the terms of this agreement with respect to the products giving rise to such damages. Some jurisdictions do not
allow the exclusion of or limitation on implied conditions, warranties or damages, thus some of the foregoing may not
apply to Client.
. Intellectual Property Rights. Hardware and Software are proprietary to Destinator Technologies or its suppliers and are
subject to copyright and other intellectual property laws. Client’s only rights with respect to any Destinator Technologies
software included with the Products shall be provided, under the terms of Destinator Technologies’ software license.
The title to all Destinator Technologies Software remains with Destinator Technologies. Client agrees that Destinator
Technologies retains ownership of all rights, title and interest in all intellectual property, works of authorship, trade
secrets and like’s in all aspects of the Product(s). Client and its affiliates and subcontractors agree not to reverse
engineer any aspect of the Software and/or Products supplied under this agreement and further agree to pay assessed
damages should such action take place.
4. Copyright and Copies. The Software (including any copy thereof) is owned by Destinator Technologies or its suppliers
and is protected by United States, Canada, European, Brazilian and Australian copyright and patent laws and
international treaty provisions. The Software copy is licensed to you the client, not sold to you, and you (the client) are
not an owner of any copy thereof. You may make one copy of the software for backup or archival purposes. You may
not otherwise copy the software, except as authorized by applicable law, nor the written materials accompanying the
Software. Destinator Technologies hereby reserves all rights not explicitly granted in this license agreement.
Copyright © 2007, Destinator Technologies