Specifications

ComNav Explorer V1T and V1C Installation & Operation Warranty
16. LIMITS ON LIMITATION OF LIABILITY. Some jurisdictions do not allow for the limitation or exclusion of liability
for incidental or consequential damages, so the above limitation or exclusion may not apply to Licensee and
Licensee may also have other legal rights which may vary from jurisdiction to jurisdiction.
17. BASIS OF BARGAIN. Licensee agrees and acknowledges that ComNav has set its prices and the parties have
entered into this Agreement in reliance on the limited warranties, warranty disclaimers and limitations of liability
set forth herein, that the same reflect an agreed-to allocation of risk between the parties (including the risk that a
remedy may fail of its essential purpose and cause consequential loss), and that the same forms an essential
basis of the bargain between the parties. Licensee agrees and acknowledges that ComNav would not have been
able to sell the Product at the amount charged on an economic basis without such limitations.
18. PROPRIETARY RIGHTS INDEMNITY. ComNav shall indemnify, defend and hold harmless Licensee from and
against any and all actions, claims, demands, proceedings, liabilities, direct damages, judgments, settlements,
fines, penalties, costs and expenses, including royalties and attorneys' fees and related costs, in connection with
or arising out of any actual infringement of any third party patent, copyright or other intellectual property right by
the Software or by its use, in accordance with this Agreement and documentation, PROVIDED THAT: (a)
ComNav has the right to assume full control over any action, claim, demand or proceeding, (b) Licensee shall
promptly notify ComNav of any such action, claim, demand, or proceeding, and (c) Licensee shall give ComNav
such reasonable assistance and tangible material as is reasonably available to Licensee for the defense of the
action, claim, demand or proceeding. Licensee shall not settle or compromise any of same for which ComNav
has agreed to assume responsibility without ComNav's prior written consent. Licensee may, at its sole cost and
expense, retain separate counsel from the counsel utilized or retained by ComNav.
19. INFRINGEMENT. If use of the Software may be enjoined due to a claim of infringement by a third party then, at
its sole discretion and expense, ComNav may do one of the following: (a) negotiate a license or other agreement
so that the Product is no longer subject to such a potential claim, (b) modify the Product so that it becomes non-
infringing, provided such modification can be accomplished without materially affecting the performance and
functionality of the Product, (c) replace the Software, or the Product, with non-infringing software, or product, of
equal or better performance and quality, or (d) if none of the foregoing can be done on a commercially
reasonable basis, terminate this license and Licensee shall stop using the Product and ComNav shall refund 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.
The foregoing sets out the entire liability of ComNav and the sole obligations of ComNav to Licensee in respect
of any claim that the Software or its use infringes any third party rights.
20. INDEMNIFICATION. Except in relation to an infringement action, Licensee shall indemnify and hold ComNav
harmless from any and all claims, damages, losses, liabilities, costs and expenses (including reasonable fees of
lawyers and other professionals) arising out of or in connection with Licensee's use of the Product, whether direct
or indirect, including without limiting the foregoing, loss of data, loss of profit or business interruption.
21. TERMINATION. Licensee may terminate this Agreement at any time without cause. ComNav may terminate this
Agreement on 30 days notice to Licensee if Licensee fails to materially comply with each provision of this
Agreement unless such default is cured within the 30 days. Any such termination by a party shall be in addition to
and without prejudice to such rights and remedies as may be available, including injunction and other equitable
remedies. Upon receipt by Licensee of written notice of termination from ComNav or termination by Licensee,
Licensee shall at the end of any notice period (a) cease using the Software; and (b) return to ComNav (or destroy
and provide a certificate of a Senior Officer attesting to such destruction) the Software and all related material
and any magnetic or optical media provided to Licensee. The provisions of Sections 6), 7), 8), 9), 10), 15), 21),
26) and 27) herein shall survive the expiration or termination of this Agreement for any reason.
22. EXPORT RESTRICTIONS. Licensee agrees that Licensee will comply with all export control legislation of
Canada, the United States, Australia and any other applicable country's laws and regulations, whether under the
Arms Export Control Act, the International Traffic in Arms Regulations, the Export Administration Regulations, the
regulations of the United States Departments of Commerce, State, and Treasury, or otherwise as well as the
export control legislation of all other countries.
23. PRODUCT COMPONENTS. The Product may contain third party components. Those third party components
may be subject to additional terms and conditions. Licensee is required to agree to those terms and conditions in
order to use the Product.
24. FORCE MAJEURE EVENT. Neither party will have the right to claim damages as a result of the other's inability
to perform or any delay in performance due to unforeseeable circumstances beyond its reasonable control, such
as labor disputes, strikes, lockouts, war, riot, insurrection, epidemic, Internet virus attack, Internet failure, supplier
failure, act of God, or governmental action not the fault of the non-performing party.
Document PN 29010088 V1.1 - 37 -