NavCom Sapphire Rev.J - Manual (Page 400)

Sapphire Technical Reference Manual Rev. J
400
hereunder or to take action against the other party in the event of any breach hereunder
shall not be deemed a waiver by that party as to subsequent enforcement of rights of
subsequent actions in the event of future breaches.
15. Language Clause. If you are a resident of Canada at the time you accept this License
Agreement, then the parties hereby acknowledge that they have required this License
Agreement, and all other documents relating hereto, be drawn up in the English language
only. Les parties reconnaissent avoir demandé que le présent contrat ainsi que toute autre
entente ou avis requis ou permis à être conclu ou donné en vertu des stipulations du
présent contrat, soient rédigés en langue anglaise seulement. If you are a resident of any
country other than the United States, Canada, Great Britain, Australia or New Zealand then
you agree as follows: there may be a translated version of this License Agreement. If there
is an inconsistency or contradiction between the translated version and the English version
of this License Agreement, the English version of this License Agreement shall control.
16. Assignment by Licensor. Licensor may assign this Agreement without your prior consent to
any company or entity affiliated with Licensor, or by an assignment associated with a
corporate restructuring, merger or acquisition.
17. Governing Law and Forum. This Agreement will be governed by and construed in
accordance with the substantive laws in force in the County of Los Angeles in the State of
California. This Agreement will not be governed by the conflict of law rules of any jurisdiction
or the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded.
18. Specific Exceptions.
18.1 Limited Warranty for Users Residing in European Economic Area Countries and
Switzerland. If you obtained the Software in any European Economic Area countries and
Switzerland, and you usually reside in such country, then Section 6 does not apply,
instead, Licensor warrants that the Software provides the functionalities set forth in the
Operators Manuals (the "agreed upon functionalities") for the Warranty Period. As used in
this Section, "Warranty Period" means one (1) year. Non-substantial variation from the
agreed upon functionalities shall not be considered and does not establish any warranty
rights. THIS LIMITED WARRANTY DOES NOT APPLY TO Software PROVIDED TO YOU
FREE OF CHARGE, FOR EXAMPLE, UPDATES, OR SOFTWARE THAT HAS BEEN
ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To
make a warranty claim, during the Warranty Period you must return, at our expense, the
Software and proof of purchase to the location where you obtained it. If the functionalities
of the Software vary substantially from the agreed upon functionalities, Licensor is entitled
-- by way of re-performance and at its own discretion -- to repair or replace the Software. If
this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the
purchase agreement (rescission). For further warranty information, please contact
Licensor at the address listed in Section 21.
18.2 Limitation of Liability for Users Residing in European Economic Area Countries and
Switzerland.
(a) If you obtained the Software in any European Economic Area country or Switzerland,
and you usually reside in such country, then Sections 7 and 11 do not apply, Instead,
subject to the provisions in Section 13.2.2, Licensor's statutory liability for damages shall
be limited as follows: (a) Licensor shall be liable only up to the amount of damages as
typically foreseeable at the time of entering into this License Agreement in respect of
damages caused by a slightly negligent breach of a material contractual obligation and (b)