E-165 – NavCom SF-3040 Rev.F User Manual
Page 167

SF-3040 Product User Guide
– Rev. F
E-165
expressly permitted by applicable law notwithstanding this
limitation. You also agree that you may not attempt to
defeat the copyright protection and application enabling
mechanisms of the Software, or remove or obliterate any
copyright, trademark or other proprietary rights notices
from the Software. You agree not to permit any third party
acting under your control to engage in any of the activities
that are prohibited to you under this Section.
3.
License Fees. The license fees paid by you are
paid in consideration of the licenses granted under this
License Agreement.
4.
Limited Warranty. NAVCOM warrants, for your
benefit alone and not for the benefit of any other party, that
the media on which the Software is distributed will be free
from defects for a period of twelve (12) months from the
date of delivery of the Software to you. Your sole remedy in
the event of a breach of this warranty will be that NAVCOM
will, at its option, replace any defective media returned to
NAVCOM within the warranty period.
5.
DISCLAIMER OF WARRANTIES. YOU HEREBY
AGREE THAT THE LIMITED WARRANTY PROVIDED
ABOVE (THE "L
IMITED
W
ARRANTY
") CONSTITUTES YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM
WHATSOEVER WITH THE S
OFTWARE
. EXCEPT AS
PROVIDED IN THE LIMITED WARRANTY, THE
S
OFTWARE
IS LICENSED “AS IS,” AND NAVCOM, 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 S
OFTWARE
, 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