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Warning, warranties, and disclaimer – DeLorme Topo North America 9.0 User Manual

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DeLorme Topo North America Help

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WARNING, WARRANTIES, AND DISCLAIMER
Warning.
THE SYSTEM IS SUITABLE AND INTENDED ONLY FOR GENERAL VISUAL

REFERENCE USE. IT SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING EXACT

MEASUREMENT OF DISTANCE OR DIRECTION, OR FOR PRECISION IN ADDRESS LOCATION

OR IN THE DEPICTION OF GEOGRAPHIC FEATURES. ROUTING DIRECTIONS SHOULD BE

USED ONLY AS A TRAVEL AID AND MUST ALWAYS BE VISUALLY VERIFIED BY THE USER ON

THE GROUND AND EXECUTED WITH DUE REGARD TO TRAFFIC AND ROAD CONDITIONS,

ROAD SIGNS AND REGULATIONS. Please note that the Data is merely a graphical

representation of geographic features appearing on the face of the earth. The Data may

include features, such as roads and trails that are located on private property. Nothing in

this License grants the use of, or is intended to imply the right to use, any such private

property. You should respect all landowner restrictions. You are solely responsible for

complying with all legal requirements relating to land use and for your own safety and for

the consequences of your actions in your use of the Data.
Limited Warranty on Media. DeLorme warrants that the media on which the System is

furnished shall, for a period of sixty (60) days from date of receipt (the "Warranty Period"),

be free from defects in material and workmanship under normal use. If a defect in the

media appears during the Warranty Period, return all materials to DeLorme for replacement,

or at DeLorme’s option, refund of the license fee.
Disclaimer of Warranty. DeLorme does not warrant the completeness or accuracy of the

System, or that its use will meet your needs or be uninterrupted or error-free. TO THE

MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR THE WARRANTIES SET FORTH ABOVE,

THE SYSTEM IS LICENSED “AS IS” AND DELORME DISCLAIMS ANY AND ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No Consequential Damages. IN NO EVENT SHALL DELORME BE LIABLE FOR ANY

SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT

LIMITED TO, LOSS OF REVENUES OR PROFITS, EVEN IF DELORME HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION AND TRANSFER
DeLorme may terminate this Agreement at any time for any reason, including, but not

limited to, if DeLorme finds that you have violated any of the terms of this Agreement or

that you have attempted to exceed the licensed uses in any way. Termination will be

effective upon written notice to you. Upon termination of this Agreement you agree to

promptly return all copies of the System, documentation and other materials furnished to

you or made by you, including unauthorized copies. Termination is in addition to and not in

lieu of any other remedies available to DeLorme. All provisions relating to property rights

shall survive termination. You are not authorized to transfer your rights under this

Agreement.

OTHER
This Agreement contains the complete understanding between the parties and supersedes

and replaces any prior or contemporaneous agreement or understanding, whether oral or

written, with respect to its subject matter. This Agreement shall be governed by the laws of

the State of Maine, applicable to agreements wholly executed and wholly performed in

Maine. Any action relating to this Agreement shall be brought in federal or state court in

Maine and the parties consent to the personal jurisdiction of either such court.