NavCom LAND-PAK Rev.F - Manual (Page 137)

LAND-PAK™ User Guide – Rev. F
D-138
(b)
you must not use or reproduce those intellectual
property rights except to the extent necessary to
receive the benefit of the StarFire Service and
always in accordance with the terms of any license
granted to you by NavCom in respect of those
intellectual property rights;
(c)
NavCom shall own all intellectual property rights
subsisting in any and all adaptations of,
modifications and enhancements to and works
derived from such materials or intellectual property
rights; and
(d) upon the expiry or termination of this Agreement,
you must cease to use such intellectual property
rights.
8. Disclaimer of Liability/Limitation of Liability
THE USER OF THE STARFIRE SIGNALS ACCEPTS ALL
LIABILITY FOR THE USE OF THE STARFIRE SIGNAL.
UNDER
NO CIRCUMSTANCES SHALL NAVCOM, ITS
PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES,
CONTRACTORS, AFFILIATES, SUBSIDIARIES, OR PARENT
ORGANIZATIONS BE LIABLE TO YOU OR TO ANY THIRD
PARTIES FOR DIRECT OR INDIRECT DAMAGES OF ANY
KIND, INCLUDING DAMAGES FOR CROP LOSS, DAMAGE TO
LAND, LOST PROFITS, LOSS OF BUSINESS OR LOSS OF
GOODWILL, LOSS OF USE OF EQUIPMENT OR SERVICES OR
DAMAGES TO BUSINESS OR REPUTATION ARISING FROM
THE USE OF THE STARFIRE SIGNAL OR FROM THE
PERFORMANCE OR NON-PERFORMANCE OF ANY ASPECT
OF THIS AGREEMENT AND WHETHER OR NOT NAVCOM, ITS
PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES,
CONTRACTORS, AFFILIATES, SUBSIDIARIES, OR PARENT
ORGANIZATIONS
HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE
CUMULATIVE LIABILITY OF NAVCOM, ITS PRINCIPALS,
SHAREHOLDERS, OFFICERS, EMPLOYEES,
CONTRACTORS, AFFILIATES, SUBSIDIARIES, OR PARENT
ORGANIZATIONS EXCEED THE AMOUNT PAID BY YOU TO
NAVCOM UNDER THIS AGREEMENT. ANY USE OF THE
STARFIRE SIGNAL IS ENTIRELY AT THE USER’S RISK, AND
YOU AGREE TO HOLD NAVCOM HARMLESS FROM ANY
CLAIMS OR LOSSES RELATING TO ANY USE OF THE
STARFIRE SIGNAL. THIS LIMITATION OF LIABILITY IS AN
ESSENTIAL CONDITION OF THE LICENSE.