NavCom Sapphire Rev.J User Manual
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Sapphire Technical Reference Manual Rev. J
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further information concerning additional licenses, rights, or responsibilities associated with
any Open Source Software components which may be included with this Software.
3. Licensor's Rights. You acknowledge and agree that the Software is proprietary to Licensor
and is protected under copyright law. You further acknowledge and agree that all right, title,
and interest in and to the Software, including associated intellectual property rights, are and
shall remain with Licensor. This License Agreement does not convey to you any title or
interest in or to the Software, but only a limited right of use revocable in accordance with the
terms of this License Agreement. You agree that you will not: (a) reverse assemble, reverse
compile, modify, or otherwise translate the Software, or attempt to defeat the copyright
protection and application enabling mechanisms therein; (b) copy or reproduce the
Software; or, (b) remove or obliterate any copyright, trademark or other proprietary rights
notices from the Software. You also agree not to permit any third party acting under your
control to do any of the foregoing.
4. License Fees. The license fees paid by you are paid in consideration of the licenses granted
under this License Agreement..
5. Limited Warranty. Licensor warrants, for your benefit alone and not for the benefit of any
other party, that during the "Warranty Period" defined below, the Software will operate
substantially in accordance with the applicable functional specifications ("Specifications") set
forth in the User Manual(s). If, prior to expiration of the Warranty Period, the Software fails to
perform substantially in accordance with the Specifications, you may return the RECEIVER
to the place of purchase for repair or replacement of the non-performing Software. As used
in this Agreement, the "Warranty Period" is 12 months from the date you take delivery of the
Receiver.
6. DISCLAIMER OF WARRANTIES. YOU HEREBY AGREE THAT THE LIMITED
WARRANTY PROVIDED ABOVE (THE "Limited Warranty") CONSTITUTES YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY PROBLEM WHATSOEVER WITH THE Software.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, THE Software IS LICENSED “AS
IS,” AND LICENSOR, ITS AFFILIATES AND THIRD PARTY SUPPLIERS EXPRESSLY
DISCLAIM AND YOU EXPRESSLY WAIVE, RELEASE AND RENOUNCE ALL
WARRANTIES ARISING BY LAW OR OTHERWISE WITH RESPECT TO THE Software,
INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE; ANY IMPLIED WARRANTY ARISING
FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE; ANY
WARRANTY OF TITLE OR NON-INFRINGEMENT; AND, ANY OTHER WARRANTY
ARISING UNDER ANY THEORY OF LAW, INCLUDING TORT, NEGLIGENCE, STRICT
LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE THEORY. NO
REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT
LIMITED TO, STATEMENTS REGARDING SUITABILITY FOR USE, SHALL BE DEEMED
TO BE A WARRANTY BY LICENSOR OR ANY OF ITS AFFILIATES OR THIRD PARTY
SUPPLIERS. LICENSOR DOES NOT WARRANT THAT THE Software IS ERROR-FREE
OR WILL OPERATE WITHOUT INTERRUPTION.
7. LIMITATION OF LIABILITY. EXCEPT AS SET FORTH IN THE LIMITED WARRANTY,
UNDER NO CIRCUMSTANCES SHALL Licensor, ITS AFFILIATES OR ITS THIRD PARTY
SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY LOSS
OR DAMAGE CAUSED BY THE Software; ANY PARTIAL OR TOTAL FAILURE OF THE
Software; PERFORMANCE, NONPERFORMANCE OR DELAYS IN CONNECTION WITH
ANY INSTALLATION, MAINTENANCE, WARRANTY OR REPAIRS OF THE Software,
DAMAGE TO PROPERTY, LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF
GOODWILL, LOSS OF USE OF EQUIPMENT OR SERVICES OR DAMAGES TO