User manual

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Term: This licensing agreement shall be valid until it is terminated or ends for any reason whatsoever.
It may be terminated at any time in the event you breach any of the provisions herein. Immediately after its
termination or end, you must return the software to ViaMichelin and/or destroy any copies in your possession.
Severability: If one of the provisions of this agreement proves to be invalid, unlawful or inapplicable, this shall
not affect the validity, lawfulness and applicability of the other provisions.
Governing law and jurisdictions: This licensing agreement shall be governed by French law. In the event of a
dispute, the courts of Nanterre, France shall have jurisdiction.
19.2. WARRANTY
This warranty is granted by ViaMichelin to the initial buyer, that is, the end-user, of a ViaMichelin portable
navigation system for his/her personal use (hereinafter ‘you’).
Hardware: ViaMichelin guarantees that the portable navigation device and the accessories thereto (hereinafter
‘the hardware’) shall be free of any material or manufacturing defects, subject to normal use, for a period of
two (2) years from the date of the initial purchase. ViaMichelin warrants that the media on which the software is
recorded shall be free from any defect during this warranty period.
Software: ViaMichelin warrants that the ViaMichelin Navigation Software and any other ViaMichelin branded
software provided with the hardware (hereinafter ‘the software’) shall comply with the specifications with which
they are supplied, for a period of ninety (90) days from the date of the initial purchase.
19.3. LIMIT ON THE WARRANTY
1. This warranty does not apply to software or hardware produced by a third party and supplied with or
incorporated in the ViaMichelin portable navigation system. ViaMichelin does not provide any warranty on
behalf of said third parties. The hardware and software produced by third parties are covered by a warranty
from their supplier or licensor.
2. This warranty does not apply to normal wear and tear to the hardware and software.
3. This warranty does not cover
• • material damage to the surface of the portable navigation device including cracks and scratches on
the screen or the outer case,
• • damage caused by incorrect use or use that does not comply with the instructions, negligence, or an
attempt to repair or modify the product,
• • damage caused by fire, damp or leaks, exposure to a source of heat, fluctuations in voltage, natural
disasters or other risks,
• • damage caused by the use of the product with other hardware and/or software than that with which
it is sold.
4. This warranty does not include a warranty that the operation of the software shall be uninterrupted and free
from error. Errors in calculation may occur due to the conditions of the local environment. Any warranty as to
the reliability, accuracy, completeness and comprehensiveness of the data included in the software is expressly
excluded. ViaMichelin and its suppliers make every effort in selecting and updating the cartographic and
thematic data included in the software. However, on the date the software is acquired or used, certain data
included in the software may have been modified without ViaMichelin or its suppliers being informed.
5. This warranty does not cover real time traffic information services that use RDS-TMC technology that you may
access using your ViaMichelin portable navigation system, subject to availability of these services in the country
in which you are travelling. Such services are provided under the sole responsibility of the respective providers,
which may be private or public entities. No warranty as to the accessibility or availability of such services is
provided. Any warranty as to the reliability, accuracy, comprehensiveness or real-time updating of any
information, messages or warnings sent via these services is also excluded.
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Remedies: In the event of a hidden defect of which ViaMichelin is notified during the warranty period, your sole
remedy shall be to obtain the repair or replacement of the hardware and/or software, solely at ViaMichelin’s
discretion and at its expense. If ViaMichelin cannot reasonably repair or replace the product, ViaMichelin may,
solely at its discretion, refund the purchase price paid by you for the product. Replaced parts or products may be
new or refurbished or versions that are comparable to the defective product. ViaMichelin guarantees all replaced
hardware and/or software for a period of ninety (90) days from the date of shipment or until the end of the
original warranty period if this is later.
Application of the warranty: To apply this warranty, you must contact your retailer and return the hardware
and/or software during the warranty period, according to the instructions the retailer will give you. Dated proof
of the initial period will be required.
Exclusions from the warranty: This warranty excludes all other express, implicit or statutory warranties,
conditions and terms, including merchantability warranties, suitability for a specific use, compliance with the
description, regarding satisfactory quality, the absence of any virus in the Software and non-copyright
infringement that ViaMichelin and its suppliers refuse categorically.
No provisions in the warranty shall affect your statutory rights however.
Limitation of responsibility and liability: Insofar as this is allowed by the applicable regulations, ViaMichelin
and/or its suppliers shall under no circumstances be responsible for any direct and/or indirect damage, special or
subsequent damage, in particular, for informational purposes but not limited to, the loss of earnings or profit,
loss of business, loss of data and loss of software, or of hardware, including the costs of recovery, reproduction
or repairs following the above-mentioned loss, caused by the use of and/or the impossibility of using the
product even if ViaMichelin and/or its suppliers have been informed of the possibility of said damage.
In any event, ViaMichelin’s liability shall be limited to the price you paid for the product.
Severability: If one of the provisions of this warranty proves to be invalid, unlawful or inapplicable, this shall
not affect the validity, lawfulness and applicability of the other provisions.
Governing law and jurisdictions: This warranty shall be governed by French law. In the event of a dispute, the
courts of Nanterre, France shall have jurisdiction. The United Nations Convention on Contracts for the
International Sales of Goods is hereby excluded from application to this warranty agreement.