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G. Terms of Use
other element, Montblanc is not responsible for those costs. Without
limiting the foregoing, everything on the Device is provided to you “AS
IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EX
-
PRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR
NON-INFRINGEMENT.
Montblanc and its suppliers or licensors make no
warranties about the (i) Montblanc Materials, software, text, downloads,
graphics, and links of the Device, or about results to be obtained from
using the Device; and (ii) the ability of the Device to integrate with any
third-party software (including compatibility issues arising out of upgrades
released for mobile operating systems).
Our maximum aggregate liability under or in connection with these
Terms of Use (including your use of the mobile application) and
the Device EULA whether in contract, tort (including negligence) or
otherwise, shall in all circumstances be limited to the amount that you
paid for the device, provided that nothing in these Terms of Use shall limit
or exclude our liability for (i) death or personal injury resulting from our
negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other
liability that cannot be excluded or limited by law.
To the fullest extent permitted by applicable law, Montblanc shall not be
liable for any indirect, incidental, special or consequential damages of
any kind arising out of or in connection with the use of the Device (including
reliance on information made available as part of your use of the Device)
or any liability relating to any loss of use, interruption of busi-ness, lost
profits or lost data, regardless of the form of action, whether in contract,
tort (including negligence) or otherwise, even if Montblanc has been ad-
vised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not
allow certain exclusions or limitation of warranties or liabilities, and
consequently some of the above exclusions and limitations may not apply.
Trademark notice
In general, all trademarks, logos and service marks that appear on the
Device are registered, unregistered or otherwise protected Montblanc
trademarks or are licenced for use by Montblanc by third parties. Other
trademarks are proprietary marks and are registered to their respective
owners. Nothing contained on the Device should be construed as granting,
by implication or otherwise, any licence or right to use any trademark
without Montblanc’s prior written permission or that of such third party
who owns the trademark. Misuse of any trademark displayed on the
Device, or any other content on the Device, except as provided herein, is
strictly prohibited.
