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LIMITED WARRANTY: You purchased the Chart Data and Related Materials
together with, or pre-loaded on, the Product. Navionics warrants that during
the Warranty period (i) Navionics has the right to grant you the rights to use
the Chart Data and Related Materials as provided by this Agreement; and (ii)
the Chart Data substantially represents the navigational charts issued by the
national hydrographic offices for the geographic area covered. Navionics
does not warrant that the Chart Data will be error-free or bug-free or will
operate without interruption during the Warranty period.
WARRANTY EXCLUSIONS This limited warranty does not cover
nonconforming Chart Data or Related Materials due to obsolescence,
abuse, non-authorized equipment modification, alteration or misuse.
Your exclusive remedy as to Chart Data or Related Materials that fail to
conform to the limited warranty above shall be as follows:
(a)you must promptly submit the Product to Raymarine (for details, please
refer to www.raymarine.com) for inspection, together with a dated proof of
purchase of the Product and a written notice describing the alleged failure of
the Chart Data or the Related Materials to conform to the limited warranty in
sufficient detail to enable such failure to be analyzed and reproduced;
(b)if it is possible to reproduce the alleged failure and determine that the
Chart Data or the Related Materials do not conform to the limited warranty,
Navionics will (at its sole option) repair or replace the nonconforming Chart
Data or Related Materials. Navionics shall complete the repairs or
replacement by issuing a file to Raymarine, in a card or Internet
downloadable format, at Navionics' option. In the event Navionics
determines in its sole discretion that it is not able to repair or replace the
nonconforming Chart Data or Related Materials that is preloaded into a
Product, then, in such case, Navionics will issue a chart for replacement on
Compact Flash (CF) card. Raymarine will install such replacement on your
Product as agent for Navionics.
For the avoidance of doubt, as licensee of the Chart Data and Related
Materials, Raymarine does not warrant the Chart Data or Related Materials,
and has no liability or responsibility to repair or replace the Chart Data or the
Related Materials. Raymarine merely facilitates the diagnosis of whether any
preloaded Chart Data or Related Materials fail to conform to the limited
warranty provided by Navionics hereunder and installs any replacements
provided by Navionics for such purpose as agent for Navionics.
This limited warranty gives you specific legal rights; you may have others,
which vary from jurisdiction to jurisdiction.
For purposes of this Agreement and the limited warranty, "Chart Data" shall
NOT include (and the terms and conditions of this Agreement shall NOT
apply to) any upgrades, updates or modified versions of Chart Data unless
expressly provided as a warranted repair or replacement above, and then in
such case any repair or replacement of the Chart Data as provided herein
will benefit from the Navionics limited warranty described above for a period
of 12 months from the date of repair/replacement.
DISCLAIMER: EXCEPT FOR THE LIMITED WARRANTIES DESCRIBED
ABOVE, THE DATA AND THE RELATED MATERIALS ARE LICENSED "AS
IS". NAVIONICS DISCLAIMS ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE
ENTIRE RISK AS TO PERFORMANCE AND RESULTS OF THE CHART
DATA.
CUMULATIVE LIABILITY FOR EITHER NAVIONICS OR RAYMARINE (OR
ANY NAVIONICS OR RAYMARINE AFFILIATE OR SUBSIDIARY) TO YOU
OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING
FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS AGREEMENT SHALL NOT EXCEED, (I) THE
PREVAILING LIST PRICE FOR THAT PRODUCT; OR (II) $1000,
WHICHEVER IS MORE. IN NO EVENT SHALL NAVIONICS OR
RAYMARINE BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST
PROFITS, EVEN IF NAVIONICS OR RAYMARINE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMERS.fm Page 152 Wednesday, February 18, 2009 11:04 AM
