Kenwood DNX891HD User Manual

Page 10

10 GPS Navigation Instruction Manual

their respective affiliates) and Garmin Ltd. (and

its subsidiaries) make no warranty of fitness or

compatibility of the Traffic Data with the Garmin

product and no warranty that the Traffic Data will

operate properly as integrated and interfaced

with the Garmin product. In addition, HERE or

TPTP (and their respective affiliates) and Garmin

Ltd. (and its subsidiaries) make no warranty with

regard to the reliability, accuracy, exhaustiveness,

and completeness of the Traffic Data, which may

contain inaccuracies and/or errors from time

to time. To the maximum extent permitted by

applicable law, any and all warranties of any kind

whatsoever with regard to the Traffic Data are

hereby expressly waived and excluded, including,

but not limited to, those of merchantability, fitness

for a particular purpose, accuracy or completeness

of the Traffic Data, and/or a lack of viruses.

HERE or TPTP (and their respective affiliates),

Garmin Ltd. (and its subsidiaries), and their

suppliers disclaim all liability for any loss, injury, or

damage resulting from use of or inability to use the

Garmin product and the Traffic Data as a result of

weather difficulties, the destruction of transmitters

and/or broadcasting infrastructures, a natural

disaster, and/or a lack of reliability, completeness, or

accuracy of the Traffic Data. In no event shall HERE

or TPTP (and their respective affiliates), Garmin Ltd.

(and its subsidiaries), and their suppliers be liable

to you or any other party for any compensatory,

direct, indirect, incidental, special, or consequential

damages (including, without limitation, indirect,

direct, special, punitive, or exemplary damages

for loss of business, loss of profits, business

interruption, or loss of business information) arising

out of the use of or inability to use the Garmin

product or the Traffic Data, even if HERE or TPTP or

Garmin have been advised of the possibility of such

damages.

Lifetime or Onetime Traffic. If you purchase or

your Garmin product is pre-loaded with “lifetime”

or “one-time” traffic, you will receive Traffic Data for

the useful life of your Garmin traffic receiver (as

long as you own a compatible Garmin product)

or as long as Garmin receives Traffic Data from its

third party content supplier, whichever is shorter.

A traffic receiver’s “useful life” means the period

during which the receiver (a) has the required

technical capabilities to utilize current traffic data

service and (b) is capable of operating as intended

without major repairs. Traffic Data is not available

for all areas. Garmin may terminate your traffic

subscription immediately if you violate any of the

terms of this Agreement. Your traffic subscription

may not be transferred to another person or

another Garmin product. Traffic services are in

part geographically restricted to the reception

and transmission range of the radio transmitters in

the case of broadcast RDSTMC, HD or DAB traffic,

operated by the respective network operators or

cellular carriers in the case of connected traffic over

IP. They can be affected by atmospheric conditions,

topographical conditions, the vehicles’ location or

position as well as obstacles (for example bridges

and buildings).

Governing Law for HERE Traffic Data. The

above terms and conditions concerning HERE

Traffic Data shall be governed by the laws of the

State 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

to submit to the jurisdiction of the State of Illinois

for any and all disputes, claims and actions arising

from or in connection with the HERE Traffic Data

provided to you hereunder.

HERE Traffic Data Government End Users. If

the HERE Traffic Data is being acquired by or on

behalf of the United States government or any

other entity seeking or applying rights similar

to those customarily claimed by the United

States government, this HERE Traffic Data is a

“commercial item” as that term is defined at 48

C.F.R. (“FAR”) 2.101, is licensed in accordance

with this Agreement, and the HERE Traffic Data

delivered or otherwise furnished shall be marked

and embedded as appropriate with the following

“Notice of Use,” and shall be treated in accordance

with such Notice:

Notice of Use

Contractor (Manufacturer/ Supplier) Name: HERE

Contractor (Manufacturer/supplier) Address: 425

West Randolph Street, Chicago, Illinois 60606

This Data is a commercial item as defined in FAR

2.101 and is subject to the HERE Traffic™ End User

License Agreement under which this Data was

provided.

If the Contracting Officer, federal government

agency, or any federal official refuses to use the