Raymarine E-Series, Справочное руководство

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iv E-Series Networked Display Reference Manual
Limitation of liability; indemnification; warranty disclaimer
A. NOT WITHSTANDING ANYTHING CONTAINED HEREIN, OR THE FORUM IN
WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT BY SUBSCRIBER
AGAINST WSI AND/OR SIRIUS, SUBSCRIBER AGREES THAT EACH OF WSI'S AND
SIRIUS' LIABILITY, IF ANY, TO THE SUBSCRIBER FOR ANY LOSS, DAMAGE, CLAIM,
LIABILITY OR EXPENSE, OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE
PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS PURSUANT TO THIS
AGREEMENT OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF WSI AND/OR SIRIUS
SHALL BE EXCLUSIVELY LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT
NOT TO EXCEED THE PRICE PAID BY THE SUBSCRIBER TO SIRIUS HEREUNDER FOR
THE MOST RECENT SIX MONTHS OF SERVICE. IN NO EVENT SHALL WSI AND/OR
SIRIUS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS OR DAMAGES FROM LOSS
OF USE OR DATA (DESPITE THE FACT THAT THE POSSIBILITY OF SUCH DAMAGES
ARE OR MAY BE KNOWN TO WSI AND/OR SIRIUS), WHETHER ARISING OUT OF
BREACH OF AGREEMENT, TORT OR ANY OTHER CAUSE OF ACTION RELATING TO
THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS
ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES IN THIS AGREEMENT
ARE REFLECTED IN SIRIUS' SERVICE PRICES AND ARE A FUNDAMENTAL ELEMENT
OF SIRIUS' AGREEMENT TO PROVIDE THE SERVICE TO SUBSCRIBER. SUBSCRIBER
MAY HAVE GREATER RIGHTS THAN DESCRIBED ABOVE UNDER HIS OR HER STATE'S
LAWS.
B. EXCEPT FOR WILLFUL MISCONDUCT ON THE PART OF WSI AND/OR SIRIUS,
SUBSCRIBER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS WSI AND SIRIUS
FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS, EXPENSES
(INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) OR LIABILITIES OF
WHATEVER NATURE OR KIND ASSERTED BY, SUFFERED OR INCURRED BY THIRD
PARTIES ARISING OUT OF THE USE OF THE SERVICE.
C. NEITHER WSI NOR SIRIUS MAKES ANY WARRANTY WITH RESPECT TO THE
SERVICE AND, THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE”
BASIS. NEITHER WSI NOR SIRIUS MAKES ANY EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, INTENDED USE OR
MERCHANTABILITY (WHICH ARE ALL HEREBY DISCLAIMED). NEITHER WSI NOR
SIRIUS ASSUMES ANY RESPONSIBILITY WITH RESPECT TO THE USE BY OF THE
SERVICE BY A PARTY
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