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Before Use
Before Use
TO THE MAXIMUM EXTENT PERMITTED BY
LAW ANY IMPLIED WARRANTY OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT,
OR FITNESS FOR A PARTICULAR PURPOSE
CONCERNING THIS PRODUCT (INCLUDING
ANY APPLICATION AND SOFTWARE IN THIS
PRODUCT). MITSUBISHI MOTORS DOES NOT
GUARANTEE AND DISCLAIMS ANY WARRANTY
REGARDING THE ACCURACY OF DATA AND
INFORMATION PROVIDED BY THIS PRODUCT,
AND ANY APPLICATION AND SOFTWARE
IN THIS PRODUCT INCLUDING VEHICLE
INFORMATION OR DATA.
1.3 MITSUBISHI MOTORS MAKES NO
REPRESENTATIONS OR WARRANTIES THAT
THE PRODUCT WILL OPERATE AND WORK
PROPERLY IN CONNECTION WITH OR WITH
EVERY AND ALL TYPE OF CUSTOMER’S
DEVICE, EQUIPMENT, SMARTPHONE, AND
ANY APPLICATION AND SOFTWARE IN THE
PRODUCT, AND ONLY THE CUSTOMER
WILL BE RESPONSIBLE FOR PERFORMANCE,
FUNCTIONALITY, CONNECTIVITY WITH THE
CUSTOMER’S DEVICE, EQUIPMENT AND
SMARTPHONE, AND ANY APPLICATION
AND SOFTWARE IN THE PRODUCT, AND
ALL REPAIRS TO THE CUSTOMER’S DEVICE,
EQUIPMENT AND SMARTPHONE AND ANY
OTHER LOSSES AND DAMAGES ACTUALLY OR
ALLEGEDLY CAUSED BY THE PRODUCT AND
ANY APPLICATION AND SOFTWARE IN THE
PRODUCT.
1.4 MITSUBISHI MOTORS MAKES NO
REPRESENTATIONS OR WARRANTIES THAT
THE PRODUCT AND ANY APPLICATION OR
SOFTWARE IN THE PRODUCT WILL BE FREE
FROM ERROR, INTERRUPTION, CORRUPTION,
ATTACK, VIRUSES, INTERFERENCE, HACKING
OR OTHER SECURITY INTRUSION.
2. Limitation of Liability
2.1 WITHOUT LIMITING THE MANDATORY
WARRANTY RIGHTS RECOGNIZED BY THE
APPLICABLE LAWS AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW,
MITSUBISHI MOTORS, ITS SUBSIDIARIES,
AFFILIATES, EMPLOYEES, OFFICERS,
DIRECTORS AND AGENTS THEREOF ARE
NOT LIABLE IN ANY CASE WHATSOEVER
TO THE CUSTOMER: (A) WITH RESPECT TO
USE OF THE PRODUCT, THE APPLICATION,
SOFTWARE OR DATA IN THE PRODUCT; AND
(B) ERRORS, MISTAKES, OR INACCURACIES
OF THE APPLICATION, SOFTWARE, DATA OR
CONTENT IN THE PRODUCT; AND (C) ANY
BUGS, VIRUSES, TROJAN HORSES, WHICH
MAY BE TRANSMITTED TO OR THROUGH
THE APPLICATION OR SOFTWARE PROVIDED
BY ANY THIRD PARTY; AND (D) ANY
ERRORS OR OMISSIONS IN ANY DATA OR
CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND WHATSOEVER INCURRED
AS A RESULT OF THE CUSTOMER’S USE OF
ANY DATA OR CONTENT POSTED, STORED
OR TRANSMITTED TO THE PRODUCT; AND
(E) ANY CORRUPTION, LOSS, CHANGE AND
ALTERNATION OF DATA OR CONTENT
POSTED, STORED OR TRANSMITTED TO THE
PRODUCT; AND (F) FOR ANY PERSONAL
INJURY OR PROPERTY DAMAGE ARISING
FROM OR RELATING TO THE CUSTOMER’S
USE OF THE PRODUCT, THE APPLICATION,
SOFTWARE OR DATA IN THE PRODUCT; AND
(G) ANY SERVICE, APPLICATION OR SOFTWARE
PROVIDED BY ANY THIRD PARTIES; AND (H)
FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN ANY WAY
RELATING TO THE CUSTOMER’S USE OF THE
PRODUCT, THE APPLICATION, SOFTWARE
OR DATA IN THE PRODUCT. MITSUBISHI
MOTORS ONLY SUPPLIES THE PRODUCT FOR
DOMESTIC AND PRIVATE USE. THE CUSTOMER
AGREES NOT TO USE THE PRODUCT FOR
ANY COMMERCIAL, BUSINESS OR RE-SALE
PURPOSE, AND MITSUBISHI MOTORS HAS NO
LIABILITY TO THE CUSTOMER FOR ANY LOSS
OF PROFIT, LOSS OF BUSINESS, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS
OPPORTUNITY.
2.2 NOTHING IN THESE TERMS SHALL LIMIT OR
EXCLUDE MITSUBISHI MOTORS LIABILITY
FOR (A) DEATH OR INJURY CAUSED BY ITS
NEGLIGENCE; (B) FRAUD OR FRAUDULENT
MISREPRESENTATION; OR (C) DAMAGES
CAUSED WILFULLY OR WITH GROSS
NEGLIGENCE.
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