Reference Manual Part 2

219 Chapter 22: Disclaimers and Licenses
EXPENSES) OR LIABILITIES OF WHATEVER NATURE OR KIND
ASSERTED BY, SUFFERED OR INCURRED BY THIRD PARTIES
ARISING OUT OF THE USE OF THE SERVICE.
C. NEITHER WSI NOR SIRIUS MAKES ANY WARRANTY WITH
RESPECT TO THE SERVICE AND, THE SERVICE IS PROVIDED
ON AN 'AS IS' AND AN 'AS AVAILABLE' BASIS. NEITHER WSI
NOR SIRIUS MAKES ANY EXPRESS OR IMPLIED REPRESEN-
TATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICU-
LAR PURPOSE, INTENDED USE OR MERCHANTABILITY
(WHICH ARE ALL HEREBY DISCLAIMED). NEITHER WSI NOR
SIRIUS ASSUMES ANY RESPONSIBILITY WITH RESPECT TO
THE USE BY OF THE SERVICE BY A PARTY.
22.2 Navionics license agreement
IMPORTANT: READ THIS AGREEMENT BEFORE USING THE
ELECTRONIC CHARTS EMBEDDED IN THIS PRODUCT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NAVION-
ICS S.P.A. (“NAVIONICS”). BY USING THE ELECTRONIC
CHARTS, YOU ARE CONSENTING TO THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, DO
NOT USE THE ELECTRONIC CHARTS.
DEFINITIONS: As used in this Agreement, “Data” means the infor-
mation contained in the hard drive of the system accompanied by
this Agreement; and “Related Materials” means all of the printed
materials and whatever is in this package.
USES PERMITTED: Data may be used on your GPS as an elec-
tronic chart/map and as aid to navigation. This Agreement gives
you certain limited rights to use and maintain the Data. You agree to
use reasonable efforts to protect the Data from unauthorized use,
reproduction, distribution or publication. Navionics reserves all
rights not specifically granted in this Agreement.
USES NOT PERMITTED: YOU MAY NOT (1) make copies of the
Data; (2) alter, recompile, disassemble or reverse-engineer the
Data, or make any attempt to unlock or bypass the initialization sys-
tem or encryption techniques utilized; or (3) remove or obscure the
Navionics copyright and trademark notices.
DURATION: This Agreement is effective from the day electronic
charts are first used and continues until terminated. Termination is
automatic, without notice from Navionics, if you fail to comply with
any provision of this Agreement. Upon termination, you must delete
and destroy the Data and Related Materials. Navionics explicitly
reserves the right to enforce any other legal rights arising from
termination.
WARRANTY: You purchased the Data and Related Materials
together with, or pre-loaded on, a RaymarineTM device or storage
media. Your warranty with respect to the Data and Related Materi-
als is provided by Raymarine PLC or its affiliate and is set forth in
the written materials that accompanied such device or storage
media.
DISCLAIMER: EXCEPT FOR THE WARRANTIES DESCRIBED
ABOVE, THE DATA AND THE RELATED MATERIALS ARE
LICENSED “AS IS,” AND NAVIONICS DISCLAIMS ANY AND ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRAN-
TIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE
ENTIRE RISK AS TO PERFORMANCE AND RESULTS OF THE
DATA. NAVIONICS’S CUMULATIVE LIABILITY 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
THE PURCHASE PRICE PAID FOR THE LICENSE TO USE THE
DATA. IN NO EVENT SHALL NAVIONICS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF NAVION-
ICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH