User manual

5.Disclaimer of Warranties. MAGELLAN AND ITS THIRD PARTY SUPPLIERS MAKE NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, THIRD PARTY SOFTWARE,
MEDIA, DOCUMENTATION, RESULTS OR ACCURACY OF DATA AND HEREBY EXPRESSLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE SOFTWARE AND THIRD PARTY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND MAGELLAN AND ITS THIRD PARTY SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE
WILL MEET CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR
ERROR-FREE.
6.Warning. The Software reflects conditions as they existed at various points in time before Customer
purchased its copy of the Software. Accordingly, the Software may contain inaccurate or incomplete data or
information due to the passage of time, road construction and changing conditions or otherwise. The Soft-
ware does not include, analyze, process, consider or reflect any of the following: legal restrictions (such as
vehicular type, weight, height, width, load and speed restrictions); road slope or grade; bridge height, width,
weight or other limits; population density; neighborhood quality or safety; availability or proximity of law
enforcement, emergency rescue, medical or other assistance; construction work zones or hazards; road or
lane closures; road, traffic or traffic facilities safety or condition; weather conditions; pavement characteris-
tics or conditions; special events; traffic congestion; travel time.
7.Limitation of Liability. IN NO EVENT SHALL MAGELLAN OR ITS THIRD PARTY SUPPLIERS BE LIABLE
UNDER THIS AGREEMENT OR OTHERWISE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR
SAVINGS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF USE, DAMAGE TO OR
REPLACEMENT OF EQUIPMENT AND PROPERTY, OR RECOVERY OR REPLACEMENT OF PROGRAMS OR
DATA ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, OR OTHERWISE EVEN IF MAGELLAN OR ITS THIRD PARTY SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. The total liability of Magellan under this
Agreement, whether arising from negligence or willful misconduct of Magellan, its employees, officers or
other agents, and under contract, tort or any other theory of liability, for any reasons, including with respect to
(i) death or injury to persons, or (ii) physical loss or damage to property, shall be limited to the amount of
damages foreseeable at the time of entering into this Agreement, which in no event shall exceed one hundred
dollars ($100).
8.Term and Termination
8.1Term. This Agreement shall remain in full force and effect in perpetuity, except that this Agreement shall
immediately and automatically terminate in the event that (i) Customer materially breaches this Agreement or
(ii) Customer becomes bankrupt or insolvent under the bankruptcy laws of the United States or other
governmental authority.
8.2Effect of Termination. Upon any termination of this Agreement by Magellan, all rights granted to Cus-
tomer hereunder shall immediately terminate, and Customer shall delete and/or destroy all Software, Third
Party Software and Documentation and any copies thereof.
8.3Remedies not Limited. The exercise of any termination right under this Article 8 by Magellan shall not
limit or prejudice any right of Magellan to recover damages or other rights or remedies, or give rise to any right
or recovery by Customer.
9.Indemnification. Customer shall indemnify Magellan and its third party suppliers against any claims
related to Customer's use of the Software, Third Party Software and Documentation, including claims for loss
of data and business interruption.
10.General Provisions
10.1Force Majeure. Neither Customer nor Magellan shall be liable in any circumstances for failure to per-
form under this Agreement where such failure is due to a cause beyond such party's reasonable control.
10.2Notices. Any notices required or permitted to be given hereunder to Magellan, or any other
communications related hereto, shall be sent to the appropriate Magellan address set forth on the first page
of this Agreement by internationally-recognized overnight courier and shall be deemed received seventy-two
(72) hours following the posting of the same.
10.3Confidentiality. Any information disclosed by Magellan to Customer shall be held by Customer in confi-
dence and not disclosed, and Customer shall treat such information with the same care with which it treats