Specifications
ComNav Explorer V1T and V1C Installation & Operation Warranty
8. LIMITED WARRANTY. ComNav warrants solely to the Licensee, subject to the exclusions and procedures set
forth herein below, that for a period of one (1) year from the original date of purchase of the Product in which it is
embedded (the "Warranty Period"), the Software, under normal use and maintenance, will conform in all material
respects to the documentation provided with the Software and any media will be free of defects in materials and
workmanship. For any Update, ComNav warrants, for 90 days from performance or delivery, or for the balance of
the original Warranty Period, whichever is greater, that the Update, under normal use and maintenance, will
conform in all material respects to the documentation provided with the Update and any media will be free of
defects in materials and workmanship. Notwithstanding the foregoing, ComNav does not warrant that the
Software will meet Licensee's requirements or that its operation will be error free.
9. WARRANTY EXCLUSIONS. The warranty set forth in Section (8) will not apply to any deficiencies caused by (a)
the Product not being used as described in the documentation supplied to Licensee, (b) the Software having
been altered, modified or converted in any way by anyone other than ComNav or approved by ComNav, (c) any
malfunction of Licensee's equipment or other software, or (d) damage occurring in transit or due to any accident,
abuse, misuse, improper installation, lightning (or other electrical discharge) or neglect other than that caused by
ComNav. ComNav GPS does not warrant or guarantee the precision or accuracy of positions obtained when
using the Software (whether standalone or embedded in a Product). The Product and the Software is not
intended and should not be used as the primary means of navigation or for use in safety of life applications. The
potential positioning and navigation accuracy obtainable with the Software as stated in the Product or Software
documentation serves to provide only an estimate of achievable accuracy based on specifications provided by
the US Department of Defense for GPS positioning and DGPS service provider performance specifications,
where applicable.
10. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, COMNAV MAKES
NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND TO LICENSEE, WHETHER VERBAL OR
WRITTEN AND HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY
KIND INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY,
RELIABILITY OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE AND
HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS ARISING AS A RESULT
OF CUSTOM, USAGE OR TRADE AND THOSE ARISING UNDER STATUTE.
11. LIMITS ON WARRANTY DISCLAIMER. Some jurisdictions do not allow the exclusion of implied warranties or
conditions, so some of the above exclusions may not apply to Licensee. In that case, any implied warranties or
conditions which would then otherwise arise will be limited in duration to ninety (90) days from the date of the
license of the Software or the purchase of the Product. The warranties given herein give Licensee specific legal
rights and Licensee may have other rights which may vary from jurisdiction to jurisdiction.
12. CHANGE TO WARRANTY. No employee or agent of ComNav is authorized to change the warranty provided or
the limitation or disclaimer of warranty provisions. All such changes will only be effective if pursuant to a separate
agreement signed by senior officers of the respective parties.
13. WARRANTY CLAIM. In the event Licensee has a warranty claim Licensee must first check for and install all
Updates that are made available. The warranty will not otherwise be honored. Proof of purchase may be
required. ComNav does not honor claims asserted after the end of the Warranty Period.
14. LICENSEE REMEDIES. In all cases which involve a failure of the Software to conform in any material respect to
the documentation during the Warranty Period or a breach of a warranty, ComNav's sole obligation and liability,
and Licensee's sole and exclusive remedy, is for ComNav, at ComNav's option, to (a) repair the Software, (b)
replace the Software with software conforming to the documentation, or (c) if ComNav is unable, on a reasonable
commercial basis, to repair the Software or to replace the Software with conforming software within ninety (90)
days, to terminate this Agreement and thereafter Licensee shall cease using the Software. ComNav will also
issue a refund for the price paid by Licensee less an amount on account of amortization, calculated on a straight-
line basis over a deemed useful life of three (3) years.
15.
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IMITATION OF LIABILITY. IN NO EVENT WILL COMNAV BE LIABLE TO LICENSEE FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES INCLUDING ARISING IN RELATION
TO ANY LOSS OF DATA, INCOME, REVENUE, GOODWILL OR ANTICIPATED SAVINGS EVEN IF COMNAV
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FURTHER, IN NO EVENT WILL
COMNAV'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND,
EXCEED THE TOTAL AMOUNT PAID BY LICENSEE TO COMNAV TO PURCHASE THE PRODUCT. THIS
LIMITATION AND EXCLUSION APPLIES IRRESPECTIVE OF THE CAUSE OF ACTION, INCLUDING BUT
NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, BREACH OF
WARRANTY, MISREPRESENTATION OR ANY OTHER LEGAL THEORY AND WILL SURVIVE A
FUNDAMENTAL BREACH.
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