Warranty Manual

external causes; (iv) damage caused by service or repair
performed by anyone who is not an authorized service provider of
Autobrain; (v) damage to Hardware that has been modified or
altered without the written permission of Autobrain; (vi)
Hardware that has not been installed, operated, or maintained in
accordance with instructions supplied by Autobrain and
the Autobrain Terms of Use or (vii) Hardware that was supplied
or licensed for beta, evaluation, testing or demonstration
purposes for which Autobrain does not charge a purchase price or
license fee. In addition, Autobrain reserves the right to refuse
warranty claims for Hardware that is obtained and/or used in
contravention of the laws of any country.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SOFTWARE
AND SERVICES PROVIDED BY AUTOBRAIN WITH THE HARDWARE, WHETHER
FACTORY LOADED ON THE HARDWARE OR OTHERWISE DOWNLOADABLE, IS
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Without limiting
the foregoing, Autobrain does not warrant that the operation of
the Hardware, Software or Service (as those terms are defined in
the Autobrain Terms of Use will be uninterrupted or error free,
or that use of the Hardware, Software or Services will result in
any gas savings or efficiencies. Also, Autobrain does not
warrant that the Hardware, Software or Service, or any
equipment, system or network on which the Hardware, Software or
Service are used will be free of vulnerability to intrusion or
attack.
This limited warranty does not guarantee any continued
availability of any third party’s service on which the
Hardware’s use or operation may depend.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE
DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT,
ARE DISCLAIMED.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL
AUTOBRAIN BE LIABLE FOR ANY LOST OR DAMAGED DATA (INCLUDING,
WITHOUT LIMITATION, ANY DATA ERASED BY AUTOBRAIN IN CONNECTION
WITH THE REPAIR OR REPLACEMENT OF HARDWARE), LOST REVENUE OR
PROFIT, LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS,
SOFTWARE OR SERVICES, DAMAGE TO THE VEHICLE TO WHICH YOU CONNECT
THE HARDWARE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF
LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO