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9. TERM:
This License shall continue for as long as you use the Product. However, this License will terminate automatically without notice from
SNOOPER if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the
Content in existence. The Limitations of Warranties and Liability set out below shall continue in force even after any termination. In
addition, this Agreement shall terminate immediately upon the termination of an agreement between Snooper and any third party
from whom Snooper licenses the Content. All clauses which by their nature need to continue after the termination of this Agreement
such as but not limited to the Governing Law and Indemnity clauses shall remain in force despite termination of this Agreement.
10. LIMITATION OF WARRANTIES:
THE PRODUCT IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. SNOOPER AND ITS LICENSORS OR SUPPLIERS,
INCLUDING HERE , EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
SATISFACTORY QUALITY, ACCURACY, TITLE, OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF
DEALING. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY SNOOPER OR ITS SERVICE PROVIDERS, SUPPLIERS,
CHANNEL PARTNERS AND LICENSORS, INCLUDING HERE , OR BY AGENTS AND EMPLOYEES OF SNOOPER, ITS SERVICE PROVIDERS,
SUPPLIERS, CHANNEL PARTNERS OR LICENSORS, INCLUDING HERE , SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO
RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT.
Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply
to you.
11. LIMITATION OF LIABILITY:
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PRODUCT. IT IS YOUR RESPONSIBILITY TO USE THIS PRODUCT
PRUDENTLY AND TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS AND DIRECTIONS. THIS PRODUCT IS INTENDED TO BE USED
ONLY AS A TRAVEL AID AND SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING PRECISE MEASUREMENT OF DIRECTION,
DISTANCE OR LOCATION.
SNOOPER AND ITS SUPPLIERS AND LICENSORS, INCLUDING HERE , DISCLAIM ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE
RESULTING FROM USE OF THIS PRODUCT, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT SNOOPER OR ANY SUCH
SUPPLIER OR LICENSOR HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE. IN
NO EVENT SHALL SNOOPER, HERE OR ANY OF THEIR RESPECTIVE SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY
OTHER PERSON OR ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT OR COSTS OF COVER, LOST OR DAMAGED DATA,
LOSS OF USE OR BUSINESS INTERRUPTION, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY.
SNOOPER’S AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR
OTHERWISE WITH RESPECT TO THE SNOOPER PRODUCT OR THE CONTENT SHALL NOT EXCEED $1.00. THE LIMITATIONS IN THIS
SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR
TERM OR A FUNDAMENTAL BREACH. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HERE SHALL HAVE
NO MONETARY LIABILITY TO YOU FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS LICENSE
AGREEMENT. Some States, Territories and Countries do not allow the certain liability exclusions, or exclusion of incidental or
consequential damages, so to that extent the above limitations may not apply to you.
12. GENERAL:
This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be
changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of
Kansas, United States of America. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal,
or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.
The covenants and obligations undertaken by the End User herein are intended for the direct benefit of HERE and may be enforced
by HERE directly against the End User. HERE shall have the right to audit Snooper and End User for compliance with this License
Agreement.
MySpeed DVR V1.0 GB 08/17
Содержание My-Speeed DVR
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