NavCom SF-3040 Rev.F User Manual
Page 172
SF-3040 Product User Guide
– Rev. F
E-170
does not apply, instead, NAVCOM
warrants that the Software will provide the functionalities
set forth in the Documentation (the "agreed upon
functionalities") for a period of sixty (60) days after you
have accepted this License Agreement. 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
S
OFTWARE
PROVIDED TO YOU FREE OF CHARGE, FOR
EXAMPLE, ENHANCEMENTS, CONTENT UPDATES, OR
SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO
THE EXTENT SUCH ALTERATIONS CAUSED A
DEFECT. To make a warranty claim, you must return, at
the expense of end user, 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, NAVCOM 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 NAVCOM at the address listed
in Section 19.
17.2 Limitation of Liability for Users Residing
in Germany and Austria. (a) If you obtained the Software
in Germany or Austria, and you usually reside in such
country, then Sections
subject to the provisions in Section 17.2(b), NAVCOM's
statutory liability for damages shall be limited as follows:
NAVCOM 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) NAVCOM shall not be liable for damages caused
by a slightly negligent breach of a non-material contractual
obligation. (b) The aforesaid limitation of liability shall not
apply to any mandatory statutory liability, in particular, to
liability under the German Product Liability Act, liability for
assuming a specific guarantee or liability for culpably
caused personal injuries. (c) You are required to take all