DeLorme Topo North America 9.0 - Manual (Page 243)

DeLorme Topo North America Help
239
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.