User`s guide

PC*MILER-AS400 User’s Guide iii
B. For ninety (90) days from date of purchase, the software media on which
ALK provides PC*MILER to you will function substantially free of errors and
defects. ALK will replace defective media during the warranty period at no
charge to you unless the defect is the result of accident, abuse, or
misapplication of the product.
C. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE
PC*MILER PROGRAM, DATA AND DOCUMENTATION IS SOLD "AS IS".
IN NO EVENT SHALL ALK OR ITS LICENSORS BE LIABLE FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT
NOT LIMITED TO, LOSS IN CONNECTION WITH OR ARISING OUT OF
THE EXISTENCE OF THE FURNISHING, FUNCTIONING OR USE OF
ANY ITEM OF SOFTWARE, DATA OR SERVICES PROVIDED FOR IN
THIS AGREEMENT. IN THE EVENT THAT A COURT OF PROPER
JURISDICTION DETERMINES THAT THE DAMAGE LIMITATIONS SET
FORTH ABOVE ARE ILLEGAL OR UNENFORCEABLE THEN, IN NO
EVENT SHALL DAMAGES EXCEED THE CONTRACT PRICE. THIS
WARRANTY SHALL NOT ACCRUE TO THE BENEFIT OF THIRD
PARTIES OR ASSIGNEES.
12. Disclaimer: The data may contain inaccurate, incomplete or untimely
information due to the passage of time, changing circumstances, sources used
and the nature of collecting comprehensive geographic data, any of which may
lead to incorrect results. PC*MILER’s suggested routings and traffic data are
provided without a warranty of any kind. The user assumes full responsibility
for any delay, expense, loss or damage that may occur as a result of their use.
The user shall have no recourse against Canada, whether by way of any suit or
action, for any loss, liability, damage or cost that may occur at any time, by
reason of possession or use of Natural Resources Canada data.
13. Termination: This Agreement will terminate immediately upon any of the
following events:
A. If you seek an order for relief under the bankruptcy laws of the United
States or similar laws of any other jurisdiction, or a composition with or
assignment for the benefit of creditors, or dissolution or liquidation, or if
proceedings under any bankruptcy or insolvency law are commenced
against you and are not discharged within thirty (30) calendar days.
B. If you materially breach any terms, conditions, use limitations, payment
obligations, or any other terms of this Agreement.