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Warranty Information
| Garmin Warranty Information
Website Link: http://www8.garmin.com/support/warranty.html
Phone: 1-800-800-1020, 1-888-442-7646, 1-913-397-8200
In Canada: Contact Raytech Electronique Inc., Phone: 1-888-887-6627, Website: http://www.raytech.ca/
Warranty Policy:
Non-Aviation Limited Warranty
All Garmin products are warranted to be free from defects in materials or workmanship for one year from the date of purchase. Within this period, Garmin International, Inc. will, at its sole option, repair or replace any components which fail in normal use. Such repairs or replacement will be made at no charge to the customer for parts or labor, provided that the customer shall be responsible for any transportation cost. This warranty does not cover failures due to abuse, misuse, accident or unauthorized alterations or repairs.
Note: Repairs have a 90 day warranty. If the unit sent in is still under its original warranty, then the new warranty is 90 days or to the end of the original one year warranty, depending upon which is longer.
THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
IN NO EVENT SHALL GARMIN BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE, MISUSE OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Garmin retains the exclusive right to repair or replace the product or offer a full refund of the purchase price at its sole discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY.
Procedure for Claims Under Non-Aviation and Aviation Limited Warranties
To obtain warranty service, an original or copy of the sales receipt from the original retailer is required. Online auction confirmations are not accepted for warranty verification, and Garmin will not replace missing components from any package purchased through an online auction. Garmin retains the exclusive right to either repair or replace the unit with a "newly-overhauled" (NOH) unit or new unit at its sole discretion. The same policy shall apply to software.
Call or e-mail Garmin Technical Support Specialists to describe the problem you are experiencing and request a Return Material Authorization (RMA) tracking number. You will need to provide the unit's serial number (if applicable), your return shipping address, and a daytime telephone number.
Once you have received the RMA number, securely package the unit and ship it (insured) to the following address:
Garmin International
1200 E. 151st Street
RMA Number: (insert your RMA number here - see above)
Dock Door #1
Olathe, KS 66062 USA
| RAM Mounts Warranty Information
Website Link: http://www.ram-mount.com/npilifetimewarranty.htm
Phone: 1-206-763-8361
Warranty Policy:
NATIONAL PRODUCTS, INC. LIFETIME WARRANTY
HOW TO MAKE A LIFETIME WARRANTY CLAIM
Read through our lifetime warranty at the bottom of this page; if you believe you are covered by the lifetime warranty please follow these simple steps.
1. Take a digital photo so that the mount and the section that is either broken or defective is clearly visible.*
2. As many of our components look similar, listing any part numbers located on the part will help ensure that we return the correct item to you. Part numbers usually begin with RMR or RPR.
3. Please provide your name, shipping address and telephone number.
4. Please provide your credit card information as you will be responsible for a small shipping charge.**
5. Please note that we will replace the broken component only and not the entire mounting system.
6. Email all of this information with the subject title ?lifetime warranty? to our Lifetime warranty representative for review (lifewar@ram-mount.com)
Your new component will be sent USPS if small enough, unless you specify otherwise.
*If you cannot provide digital photos, simply return your broken part to us.
National Products, Inc.
1205 S. Orr St.
Seattle, WA 98108
** If you are not comfortable providing this information in email please specify this in your email and we will contact you for payment info.
NPI Warranty Information:
The exclusive NPI Lifetime Warranty states that all RAM products and parts are warranted against defects in materials and workmanship for the life of the product or part.
NPI'S Lifetime Warranty covers the mount or its components only. The mounted device is not covered under the Lifetime Warranty and will not be replaced if damaged as a result of mount failure.
This warranty is expressly limited to the persons in the United States, and all foreign countries who purchase RAM for resale or use in the ordinary course of the buyer's business. This warranty does not cover any product or part that has been abused, worn out, heated, ground or otherwise altered, used for a purpose other than that for which it was intended, or used in a manner inconsistent with any instructions regarding it's use.
THIS WARRANTY IS EXCLUSIVE AND NATIONAL PRODUCTS INC. MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS MANUFACTURED AND SOLD BY IT, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. No agent, employee or representative of National Products Inc. has any authority to bind National Products Inc. to any affirmation, representation or warranty concerning National Products Inc. products or parts, except as stated herein.
If any product or part manufactured by National Products Inc. is found to be defective by National Products Inc., in its sole judgment, National Products Inc. will, at its option, either repair or replace such defective product or part. THIS REMEDY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE FOR ANY DEFECTS IN THE PRODUCTS OR PARTS MANUFACTURED AND SOLD BY NATIONAL PRODUCTS INC. OR FOR DAMAGES RESULTING IN ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATIONS, NATIONAL PRODUCTS INC. NEGLIGENCE. NATIONAL PRODUCTS INC. SHALL NOT IN ANY EVENT BE LIABLE TO ANY BUYER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, WHETHER FOR DEFECTIVE OR NON-CONFORMING GOODS, NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY OR FOR ANY OTHER REASON.
There is no upgrade on products, only replacement of defective components.
The purpose of this exclusive remedy shall be to provide the buyer with repair and replacement of products or parts manufactured by National Products Inc. found to be defective in materials or workmanship or negligently manufactured.
| TomTom Warranty Information
Website Link: http://www.tomtom.com/legal/?Page=Warranty
Phone: 1-866-486-6866
Warranty Policy:
TomTom
Limited Warranty
WARRANTOR
U.S. and Canadian Purchases: If you have made your purchase in the United States or Canada, this Limited
Warranty is granted by and this Limitation of Liability is stipulated for the benefit of TomTom Inc., 150 Baker
Avenue Extension, Concord Massachusetts 01742 (United States of America).
WHAT THIS WARRANTY COVERS
1) TomTom Inc. (?TomTom?) warrants to the original purchaser (?you?) of the hardware with which this Limited
Warranty is included (?Hardware?) that the Hardware will be free from defects in workmanship and materials
under normal use (?Defects?) for a period of two (2) years from the date that the Hardware was first purchased by
you (?Warranty Period?). During the Warranty Period the Hardware will be repaired or replaced at TomTom?s
choice (?Limited Warranty?) without charge to you for either parts or labour. This Limited Warranty covers the
replacement of the Hardware only. If the Hardware is repaired after the Warranty Period has expired, the
Warranty Period for the repair will expire six (6) months after the date of repair.
WHAT THIS WARRANTY DOES NOT COVER
2) The Limited Warranty does not apply to normal wear and tear, does not apply when the Hardware is opened or
repaired by someone not authorized by TomTom and does not cover repair or replacement of any Hardware or
part thereof damaged by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, noncompliance
with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty
does not cover physical damage to the surface of the Hardware. This Limited Warranty does not cover any
software that may accompany or be installed on the Hardware.
HOW TO MAKE A WARRANTY CLAIM
3) In order to make a claim of a Defect, you must contact TomTom during the Warranty Period at: 1-978-287-
9555 or per email via www.tomtom.com to explain the Defect and to obtain an RMA number (Return Materials
Authorization) if necessary. You must return the Hardware during the Warranty Period, along with an explanation
of the Defect, to the address provided to you by TomTom. If a defect arises and a valid claim under this Limited
Warranty is received by TomTom after the first one hundred and eighty (180) days of the Warranty Period,
TomTom is entitled to charge you for any reasonable shipping and handling costs made in connection with the
repair or replacement of the Hardware. You must comply with any other return procedures stipulated by TomTom,
if any.
YOUR LEGAL RIGHTS
4) This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state
to state and jurisdiction to jurisdiction.
5) If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty
shall nonetheless remain in full force and effect.
6) This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express
warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other
communications.
7) Except for the Limited Warranty and to the maximum extent permitted by applicable law, TomTom and its
suppliers provide the Hardware ?AS IS AND WITH ALL FAULTS?, and hereby disclaim all other warranties and
conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties,
duties or conditions of: merchantability, non-infringement, quiet enjoyment, system integration, satisfactory
quality, fitness for a particular purpose, reliability or availability, accuracy or completeness of responses, results,
workmanlike effort, lack of viruses, and reasonable care and skill, all with regard to the Hardware, and the
provision of or failure to provide support or other services, information, software, and related content through the
Hardware or otherwise arising out of the use of the Hardware. This exclusion does not apply to (i) any implied
condition as to title and (ii) any implied warranty as to conformity with description. If applicable law requires any
implied warranties with respect to the Hardware, all such warranties are limited in duration to ninety (90) days.
Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may
not apply to you.
8) This Limited Warranty cannot be transferred to any other person.
LIMITATION OF LIABILITY
9) Neither TomTom nor its suppliers shall be liable to you or to any third party for any indirect, incidental,
consequential, special or exemplary damages (including in each case, but not limited to, damages for the inability
to use the equipment or access data, loss of data, loss of business, loss of profits, business interruption or the
like) arising out of the use of or inability to use the Hardware even if TomTom has been advised of the possibility
of such damages.
10) Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all
damages referenced herein and all direct or general damages in contract or anything else), the entire liability of
TomTom and any of its suppliers shall be limited to the amount actually paid by you for the Hardware.
11) Notwithstanding the above, neither party?s liability for death or personal injury resulting from its own
negligence shall be limited.
12) Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may not apply to you.
| Lowrance Warranty Information
Website Link: http://www.lowrance.com/en/Support/Warranty-Information/
Phone: 1-800-324-1356
In Canada: Phone 1-800-661-3983 or 905-629-1614, 8AM to 5PM ET
Warranty Policy:
Warranty Information
Unequaled Quality and Product Reliability
Lowrance quality control is second to none. Because our products are made in our facilities, we can directly supervise every step of manufacturing and testing. Every Lowrance unit is subjected to an uninterrupted, eight-hour test run before it leaves the factory. Units picked at random are pounded, frozen to 0° Fahrenheit, submerged for days and heated to 150° Fahrenheit. Then samples from each week's production are run non-stop for 900 hours. In short, we go to extremes to assure the highest level of reliability and durability in every product we build.
Full One-Year Warranty (U.S.A. and Canada only)
We don't just talk about quality and reliability, we prove it by backing our units with the best warranty in the business. In the unlikely event your unit malfunctions or fails to conform to the product's written specifications due to a defect in materials or workmanship, we will repair it absolutely free for one year from the date of your original purchase. (Some limitations apply. Read the Lowrance warranty statement enclosed with each product.)
Canadian customers please order from our Canadian address below:?919 Matheson Blvd. East, Missisauga, Ontario, Canada L4W 2R7.
Notice: Service Policy, Shipping Policy and Flat Repair Rates are subject to change without notice.
Service Information for Lowrance:
Lowrance Service Info
How to Obtain Service
U.S.A.
We back your investment in quality products with quick, expert service and genuine Lowrance parts. If you're in the United States and you have technical, return or repair questions, please contact the Factory Customer Service Department. Before any product can be returned, you must contact Customer Service to determine if a return is necessary. Many times problems can be resolved without the necessity of sending your unit to the factory. If repair service is required, you will be issued a Return Authorization Number. Contact Customer Service via HYPERLINK "http://www.lowrance.com/support/Contact/default.asp" email or call toll-free at 800-324-1356, 8 a.m. to 5 p.m. Central Standard Time, Monday through Friday. Please be prepared to provide your unit's serial number.
Canada
If you're in Canada and have technical, return or repair questions, please contact the Factory Customer Service Department. Before any product can be returned, you must contact Customer Service to determine if a return is necessary. Many times problems can be resolved without the necessity of sending your unit to the factory. If repair service is required, you will be issued a Return Authorization Number. Contact Customer Service via HYPERLINK "http://www.lowrance.com/support/Contact/default.asp" email or call toll-free at 800-661-3983 or non toll-free at 905-629-1614, 8 a.m. to 5 p.m. Eastern Standard Time, Monday through Friday. Please be prepared to provide your unit's serial number.
Shipping Information
If it becomes necessary to send a product for repair or replacement, you must first receive a Return Authorization Number from Customer Service. Products shipped without a Return Authorization will not be accepted. When shipping, we recommend you do the following:
Please do not ship the knobs or mounting bracket with your unit.
If you are sending a check for repair, please place your check in an envelope and tape it to the unit.
For proper testing, include a brief note with the product describing the problem. Be sure to include your name, return shipping address and a daytime telephone number. An e-mail address is optional but useful.
Pack the unit in a suitable size box with packing material to prevent any damage during shipping.
Write the Return Authorization (RA) number on the outside of the box underneath your return address.
For your security, you may want to insure the package through your shipping courier. Lowrance does not assume responsibility for goods lost or damaged in transit.
Notice: Lowrance may find it necessary to change or end our shipping policies, regulations, and special offers at any time. We reserve the right to do so without notice.
| Magellan Warranty Information
Website Link: http://www.magellangps.com/support/warranty.asp
Phone: 1-800-707-9971, 1-909-394-5000
Warranty Policy:
All Magellan global positioning system (GPS) receivers are navigation aids, and are not intended to replace
other methods of navigation. Purchaser is advised to perform careful position charting and use good judgment.
READ THE USER GUIDE CAREFULLY BEFORE USING THE PRODUCT.
1. MAGELLAN WARRANTY
Magellan warrants its GPS receivers and hardware accessories to be free from defects in material and
workmanship and will conform to its published specifications for the product for a period of one year from the
date of original purchase. THIS WARRANTY APPLIES ONLY TO THE ORIGINAL CONSUMER PURCHASER
OF THIS PRODUCT.
In the event of a defect, Magellan will, at its option, repair or replace the hardware product with a product of
like kind or quality, which may be new or reconditioned, with no charge to the purchaser for parts or labor.
Magellan's limit of liability under the limited warranty shall be the actual cash value of the product at the
time the purchaser returns the product to Magellan for repair less a reasonable amount for usage, as determined
by Magellan in its sole discretion. The repaired or replaced product will be warranted for 90 days from
the date of return shipment, or for the balance of the original warranty, whichever is longer. Magellan
warrants that software products or software included in hardware products will be free from defects in the
media for a period of 30 days from the date of shipment and will substantially conform to the then current
user documentation provided with the software (including updates thereto). Magellan's sole obligation shall
be the correction or replacement of the media or the software so that it will substantially conform to the
then- current user documentation. Magellan does not warrant the software will meet purchaser's requirements
or that its operation will be uninterrupted, error-free or virus-free. Purchaser assumes the entire risk of using
the software.
2. PURCHASER'S REMEDY
PURCHASER'S EXCLUSIVE REMEDY UNDER THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY
SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT, AT MAGELLAN'S OPTION, OF ANY DEFECTIVE
PART OF THE RECEIVER OR ACCESSORIES WHICH ARE COVERED BY THIS WARRANTY. REPAIRS UNDER
THIS WARRANTY SHALL ONLY BE MADE AT AN AUTHORIZED MAGELLAN SERVICE CENTER. ANY
REPAIRS BY A SERVICE CENTER NOT AUTHORIZED BY MAGELLAN WILL VOID THIS WARRANTY.
3. PURCHASER'S DUTIES
To obtain service on a Magellan product the purchaser must obtain a Return Materials Authorization (RMA)
number from Magellan Technical Support or by submitting a repair request through our website at
www.magellanGPS.com, prior to shipping. The purchaser must return the product postpaid with a copy of the
original sales receipt, purchaser's return address and the RMA number clearly printed on the outside of the
package to the Authorized Magellan Service Center address provided by Magellan with the RMA number.
Magellan reserves the right to refuse to provide service free-of-charge if the sales receipt is not provided or if
the information contained in it is incomplete or illegible or if the serial number is altered or removed.
Magellan will not be responsible for any losses or damage to the product incurred while the product is in
transit or is being shipped for repair. Insurance is recommended. Magellan suggests using a trackable
shipping method such as UPS or FedEx when returning a product for service.
4. LIMITATION OF IMPLIED WARRANTIES
Except as set forth in item 1 above, all other expressed or implied warranties, including those of fitness for
any particular purpose or merchantability, are hereby disclaimed AND IF APPLICABLE, IMPLIED
WARRANTIES UNDER ARTICLE 35 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS. Some national, state, or local laws do not allow limitations on implied
warranty on how long an implied warranty lasts, so the above limitation may not apply to you.
5. EXCLUSIONS
The following are excluded from the warranty coverage:
(1) periodic maintenance and repair or replacement of parts due to normal wear and tear;
(2) batteries;
(3) finishes;
Magellan Warranty
(4) installations or defects resulting from installation;
(5) any damage caused by (i) shipping, misuse, abuse, negligence, tampering, moisture, liquids, proximity or
exposure to heat, or improper use; (ii) disasters such as fire, flood, wind, and lightning; (iii) unauthorized
attachments or modification;
(6) service performed or attempted by anyone other than an authorized Magellan Service Center;
(7) any product, components or parts not manufactured by Magellan,
(8) that the receiver will be free from any claim for infringement of any patent, trademark, copyright or other
proprietary right, including trade secrets
(9) any damage due to accident, resulting from inaccurate satellite transmissions. Inaccurate transmissions
can occur due to changes in the position, health or geometry of a satellite or modifications to the receiver that
may be required due to any change in the GPS. (Note: Magellan GPS receivers use GPS or GPS+GLONASS to
obtain position, velocity and time information. GPS is operated by the U.S. Government and GLONASS is the
Global Navigation Satellite System of the Russian Federation, which are solely responsible for the accuracy
and maintenance of their systems. Certain conditions can cause inaccuracies which could require
modifications to the receiver. Examples of such conditions include but are not limited to changes in the GPS
or GLONASS transmission.).
Opening, dismantling or repairing of this product by anyone other than an authorized Magellan Service Center
will void this warranty.
6. EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES
MAGELLAN SHALL NOT BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST
PROFITS, DAMAGES RESULTING FROM DELAY OR LOSS OF USE, LOSS OF OR DAMAGES ARISING OUT
OF BREACH OF THIS WARRANTY OR ANY IMPLIED WARRANTY EVEN THOUGH CAUSED BY NEGLIGENCE
OR OTHER FAULT OF MAGELLAN OR NEGLIGENT USAGE OF THE PRODUCT. IN NO EVENT WILL
MAGELLAN BE RESPONSIBLE FOR SUCH DAMAGES, EVEN IF MAGELLAN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Some national, state, or local laws do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
7. COMPLETE AGREEMENT
This written warranty is the complete, final and exclusive agreement between Magellan and the purchaser
with respect to the quality of performance of the goods and any and all warranties and representations. THIS
WARRANTY SETS FORTH ALL OF MAGELLAN'S RESPONSIBILITIES REGARDING THIS PRODUCT. THIS
WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM LOCALITY
TO LOCALITY AND CERTAIN LIMITATIONS CONTAINED IN THIS WARRANTY MAY NOT APPLY TO YOU.
If any part of this limited warranty is held to be invalid or unenforceable, the remainder of the limited warranty
shall nonetheless remain in full force and effect.
8. CHOICE OF LAW.
This limited warranty is governed by the laws of the State of California, without reference to its conflict of law
provisions or the U.N. Convention on Contracts for the International Sale of Goods, and shall benefit
Magellan, its successors and assigns. This warranty does not affect the consumer's statutory rights under
applicable laws in force in their locality, nor the customer's rights against the dealer arising from their
sales/purchase contract.
For further information concerning this limited warranty, please visit Magellan?s website www.magellangps.
com or call our customer support: Toll Free 1.800.707.9971, or from outside the US:
1.909.394.5000.
READ CAREFULLY BEFORE OPENING THE SEALED DISK PACKAGE, INSTALLING THIS PROGRAM OR USING THE DEVICE.
Magellan Navigation, Inc., End-User License Agreement
This End-User License Agreement (this ?Agreement?) is made by and between Magellan Navigation, Inc. and
its affiliates (?Magellan?) and end-user of the Software (?Customer?). By clicking the acceptance button or
installing the Software, Customer agrees to be bound by all of the terms and conditions of this Agreement
provided with the Software, including the use restrictions, warranty disclaimer and limitation of liability set
forth therein. If Customer does not agree to be bound by all of the terms and conditions of this Agreement,
Customer must immediately stop installation and/or use of the Software, where applicable, and return the
Software to Magellan at:
(for Americas, Asia & Pacific)
Magellan Customer Support, 960 Overland Court, San Dimas, CA 91773, USA
(for Europe, Middle East & Africa)
Magellan Customer Support, Z.A.C. de la Fleuriaye, B.P. 6043344474 Carquefou Cedex, France
1.Grant of License to Software. Magellan hereby grants to Customer a non-exclusive, personal and nonassignable
license to install, operate and use the Magellan software product covered by this Agreement
("Software") and use the documentation provided with the same ("Documentation"), subject to the following
restrictions:
(i) Customer shall use the Software for non-commercial purposes only and on a single computer owned or
leased by Customer, provided that Customer may transfer the Software from one computer to another so long
as the Software is operated only on one (1) computer at any time;
(ii) Customer shall use the Software solely to download data from that computer for use solely with a single
Magellan family handheld GPS receiver, and shall not sell, trade, lease, rent or hire out the Software to any
third party or otherwise act as a service bureau (which restriction, for the avoidance of doubt, shall extend to
any situation in which Customer becomes subject to any bankruptcy or insolvency laws or otherwise makes
any assignment for the benefit of its creditors);
(iii) Customer shall not modify, reverse engineer, decompile or disassemble or create derivative works of the
Software;
(iv) Customer shall not copy the Documentation; and
(v) Customer shall not remove or obscure the copyright, trademark notice, restrictive legend or any other
proprietary rights or notices included within the Software and on and in any documentation and training
materials.
Magellan (and, where applicable, its third party suppliers) retain all rights to the Software and any software
program(s) embedded into same and supplied by Magellan under license from third party suppliers, including
NAVTEQ North America, LLC and Tele Atlas N.V. ("Third Party Software"), not expressly granted to Customer
under this Agreement.
2.Third Party Software. Customer acknowledges that certain Third Party Software may be embedded in the
Software. As such, Customer may be required in connection with its use of the Software to agree to the terms
and conditions the applicable third party supplier requires of its end users. For installable and/or downloadable
Software, such terms and conditions may require additional steps for Customer to manifest consent. For
boxed software, Customer shall be provided with copies of such terms and conditions and is required to
review and comply with same. In any event, Customer acknowledges and agrees that its rights to and use of
each item of Third Party Software shall be subject to the terms and conditions governing the same.
3.Copies of Software. Customer shall have the right to make one (1) copy of the Software for archival and
backup purposes, provided that such copy shall also reproduce all copyright and intellectual property rights
notices found on the original.
4.Ownership of Software and Certain Intellectual Property Rights. The license granted to Customer under
Section 1 is not a sale of the Software. The Software, Third Party Software and Documentation are
copyrighted works of authorship and contain valuable secret and confidential information proprietary to
Magellan and its third party suppliers, as applicable. Any and all intellectual property rights in or to the Software
and Documentation shall be and remain the sole property of Magellan, and any and all intellectual
property rights in or to any Third Party Software shall be and remain the sole property of the applicable third
party supplier. Customer shall exercise due care in connection with the use, storage and copying of the
Software and will treat the Software, Third Party Software and the Documentation with the same degree of
care that it uses for its own confidential information. For the avoidance of doubt, as between Customer and
Magellan, Magellan shall retain exclusive use and ownership of all trademarks related to the Software.
5.Disclaimer of Warranties. MAGELLAN AND ITS THIRD PARTY SUPPLIERS MAKE NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, THIRD PARTY SOFTWARE,
MEDIA, DOCUMENTATION, RESULTS OR ACCURACY OF DATA AND HEREBY EXPRESSLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE SOFTWARE AND THIRD PARTY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND MAGELLAN AND ITS THIRD PARTY SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE
WILL MEET CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR
ERROR-FREE.
6.Warning. The Software reflects conditions as they existed at various points in time before Customer
purchased its copy of the Software. Accordingly, the Software may contain inaccurate or incomplete data or
information due to the passage of time, road construction and changing conditions or otherwise. The Software
does not include, analyze, process, consider or reflect any of the following: legal restrictions (such as
vehicular type, weight, height, width, load and speed restrictions); road slope or grade; bridge height, width,
weight or other limits; population density; neighborhood quality or safety; availability or proximity of law
enforcement, emergency rescue, medical or other assistance; construction work zones or hazards; road or
lane closures; road, traffic or traffic facilities safety or condition; weather conditions; pavement characteristics
or conditions; special events; traffic congestion; travel time.
7.Limitation of Liability. IN NO EVENT SHALL MAGELLAN OR ITS THIRD PARTY SUPPLIERS BE LIABLE
UNDER THIS AGREEMENT OR OTHERWISE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR
SAVINGS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF USE, DAMAGE TO OR
REPLACEMENT OF EQUIPMENT AND PROPERTY, OR RECOVERY OR REPLACEMENT OF PROGRAMS OR
DATA ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, OR OTHERWISE EVEN IF MAGELLAN OR ITS THIRD PARTY SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. The total liability of Magellan under this
Agreement, whether arising from negligence or willful misconduct of Magellan, its employees, officers or
other agents, and under contract, tort or any other theory of liability, for any reasons, including with respect to
(i) death or injury to persons, or (ii) physical loss or damage to property, shall be limited to the amount of
damages foreseeable at the time of entering into this Agreement, which in no event shall exceed one hundred
dollars ($100).
8.Term and Termination
8.1Term. This Agreement shall remain in full force and effect in perpetuity, except that this Agreement shall
immediately and automatically terminate in the event that (i) Customer materially breaches this Agreement or
(ii) Customer becomes bankrupt or insolvent under the bankruptcy laws of the United States or other
governmental authority.
8.2Effect of Termination. Upon any termination of this Agreement by Magellan, all rights granted to Customer
hereunder shall immediately terminate, and Customer shall delete and/or destroy all Software, Third
Party Software and Documentation and any copies thereof.
8.3Remedies not Limited. The exercise of any termination right under this Article 8 by Magellan shall not
limit or prejudice any right of Magellan to recover damages or other rights or remedies, or give rise to any right
or recovery by Customer.
9.Indemnification. Customer shall indemnify Magellan and its third party suppliers against any claims
related to Customer's use of the Software, Third Party Software and Documentation, including claims for loss
of data and business interruption.
10.General Provisions
10.1Force Majeure. Neither Customer nor Magellan shall be liable in any circumstances for failure to perform
under this Agreement where such failure is due to a cause beyond such party's reasonable control.
10.2Notices. Any notices required or permitted to be given hereunder to Magellan, or any other
communications related hereto, shall be sent to the appropriate Magellan address set forth on the first page
of this Agreement by internationally-recognized overnight courier and shall be deemed received seventy-two
(72) hours following the posting of the same.
10.3Confidentiality. Any information disclosed by Magellan to Customer shall be held by Customer in confidence
and not disclosed, and Customer shall treat such information with the same care with which it treats
its own confidential information, and shall use commercially reasonable efforts to ensure that such
information is not disclosed to a third party in any manner except with the prior written consent of Magellan,
except where such information is required to be disclosed by court order or applicable law or becomes publicly
known through no fault of Customer.
10.4Entire Agreement; No Waiver. This Agreement represents the entire understanding of the parties with
respect to the subject matter hereof, and supersedes any other prior understanding of the parties, whether
written or oral. No amendment, alteration or waiver of this Agreement shall be effective unless made in writing
and signed by both parties.
10.5Governing Law. This Agreement shall be governed and construed in accordance with the laws of the
State of California, United States, without regard to its conflicts of law principles and without regard to the
United Nations Convention on Contracts for the International Sale of Goods. The parties shall attempt to
resolve any disputes arising under this Agreement in good faith.
10.6Construction and Severability. In the event any portion of this Agreement is determined to be invalid or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect
and such provision shall be replaced with a valid and enforceable provision with an effect as close as possible
to the invalid or unenforceable provision. As used in this Agreement, the terms "include" and its correlative
terms shall be deemed to be terms of example and not limitation.
10.7Injunctive Relief. Magellan shall have the right to enforce the terms and conditions of this Agreement by
equitable relief where applicable, including injunctive relief and specific performance, without the necessity
of posting a bond.
10.8Assignment. Customer shall have no right to assign or transfer all or any portion of this Agreement by
operation of law or otherwise (including by merger, acquisition, consolidation or sale of all or substantially all
assets of Customer).
10.9Export Control. Customer agrees not to export from anywhere any part of the Software, including Third
Party Software, provided to Customer or any direct product thereof, except in compliance with, and with all
licenses and approvals required under, applicable export laws, rules and regulations.
10.10Government End Users. If the Software is being acquired by or on behalf of the United States government
or any other entity seeking or applying rights similar to those customarily claimed by the United States
government, Customer shall contact Magellan at the appropriate Magellan address set forth on the first page
of this Agreement for a copy of the additional terms and conditions governing such Customer's use
| Co-Pilot Warranty Information
Website Link: http://www.alk.com/support/contact.asp
Phone: 1-888-872-8768
| Holux Warranty Information
Website Link: http://www.holux.com/JCore/en/aboutHolux/contactUs.jsp
Phone:
| Mio Warranty Information
Website Link: http://www.mio-tech.be/en/support/contact-support.php
Phone: 1-866-646-4477
Warranty Policy:
Mio Technology Corp. warrants that all Mio products are to be free from defects in materials or workmanship for one year from date of purchase. Under this Agreement, the ?Services? shall mean any and all services in connection with the Mio Products within the limitation of the product?s warranty but not limited to, start-up, repair, parts replacement services, maintenance or warranty services and any other after sales-services.
Mio shall not be liable for any delay, loss, damage or injury caused by Acts of God, governmental order or regulation, restraining imposed by governmental action, national strikes, commotion, riots, war, war-like situation, hostilities, governmental disposal, mobilization, blockage, embargo, custody, revolution, fire, earthquake, tornado, explosion, storm, flood, or for any other cause beyond its reasonable control ("Force Majeure").
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