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Kenwood DNX6180 User Manual

Page 5

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English 5

No Warranty. This Product (including the Data)

is provided to you “as is,” and you agree to use it

at your own risk. Garmin and its licensors (and

their licensors and suppliers) make no guarantees,

representations or warranties of any kind,

express or implied, arising by law or otherwise,

including but not limited to, content, quality,

accuracy, completeness, effectiveness, reliability,

merchantability, fitness for a particular purpose,

usefulness, use or results to be obtained from

the Product, or that the Data or server will be

uninterrupted or error-free.
Disclaimer of Warranty. Garmin AND ITS

LICENSORS (INCLUDING THEIR LICENSORS AND

SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS

OR IMPLIED, OF QUALITY, PERFORMANCE,

MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE OR NONINFRINGEMENT. NO ORAL OR

WRITTEN ADVICE OR INFORMATION PROVIDED BY

Garmin OR ITS SUPPLIERS AND LICENSORS 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.
Disclaimer of Liability. Garmin AND ITS

LICENSORS (INCLUDING THEIR LICENSORS AND

SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN

RESPECT OF ANY CLAIM, DEMAND OR ACTION,

IRRESPECTIVE OF THE NATURE OF THE CAUSE

OF THE CLAIM, DEMAND OR ACTION ALLEGING

ANY LOSS, INJURY OR DAMAGES, DIRECT OR

INDIRECT, WHICH MAY RESULT FROM THE USE

OR POSSESSION OF THE INFORMATION; OR FOR

ANY LOSS OF PROFIT, REVENUE, CONTRACTS

OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT,

INCIDENTAL, SPECIAL OR CONSEQUENTIAL

DAMAGES ARISING OUT OF YOUR USE OF OR

INABILITY TO USE THIS INFORMATION, ANY DEFECT

IN THE DATA OR INFORMATION, OR THE BREACH

OF THESE TERMS OR CONDITIONS, WHETHER IN

AN ACTION IN CONTRACT OR TORT OR BASED ON

A WARRANTY, EVEN IF Garmin OR ITS LICENSORS

HAVE BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. Garmin’S AND ITS LICENSORS’

TOTAL AGGREGATE LIABILITY WITH RESPECT

TO ITS OBLIGATIONS UNDER THIS AGREEMENT

OR OTHERWISE WITH RESPECT TO THE Garmin

PRODUCT OR THE DATA SHALL NOT EXCEED $1.00.

Some States, Territories and Countries do not allow

certain liability exclusions or damages limitations,

so to that extent the above may not apply to you.
Disclaimer of Endorsement. Reference to any

products, services, processes, hypertext links

to third parties or other Data by trade name,

trademark, manufacturer, supplier or otherwise

does not necessarily constitute or imply its

endorsement, sponsorship or recommendation

by Garmin or its licensors. Product and service

information are the sole responsibility of each

individual vendor. The NAVTEQ name and logo,

the NAVTEQ and NAVTEQ ON BOARD trademarks

and logos, and other trademarks and trade names

owned by NAVTEQ North America LLC may not be

used in any commercial manner without the prior

written consent of NAVTEQ.
Export Control. You agree not to export from

anywhere any part of the Data provided to you or

any direct product thereof except in compliance

with, and with all licenses and approvals required

under, applicable export laws, rules and regulations.
Indemnity. You agree to indemnify, defend

and hold Garmin and its licensors (including

their respective licensors, suppliers, assignees,

subsidiaries, affiliated companies, and the

respective officers, directors, employees,

shareholders, agents and representatives of each

of them) free and harmless from and against any

liability, loss, injury (including injuries resulting in

death), demand, action, cost, expense, or claim of

any kind or character, including but not limited

to attorney’s fees, arising out of or in connection

with any use or possession by you of the Product

(including the Data).
Entire Agreement. These terms and conditions

constitute the entire agreement between Garmin

(and its licensors, including their licensors and

suppliers) and you pertaining to the subject matter

hereof, and supersedes in their entirety any and

all written or oral agreements previously existing

between us with respect to such subject matter.
Governing Law.
(a) For European Union NAVTEQ Data
The above terms and conditions shall be governed

by the laws of the Netherlands, without giving

effect to (i) its conflict of laws provisions, or (ii)

the United Nations Convention for Contracts for

the International Sale of Goods, which is explicitly

excluded. You agree to submit to the jurisdiction of

the Netherlands for any and all disputes, claims and

actions arising from or in connection with the Data

provided to you hereunder.
(b) For North American NAVTEQ Data and other

non-European Union NAVTEQ Data
The above terms and conditions shall be governed

by the laws of Illinois, without giving effect to (i) its

conflict of laws provisions, or (ii) the United Nations

Convention for Contracts for the International Sale

of Goods, which is explicitly excluded. You agree

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