Use and Care Manual

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OverDryve

™

Pro User Manual 55

Warnings, End-User License Agreement, and Warranty

CAUTION: RAND MCNALLY MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION IN THE PRODUCT, THE SOFTWARE OR THE

DOCUMENTATION, AND DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY

OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AS TO QUALITY, PERFORMANCE, TITLE OR NON- INFRINGEMENT. SOME STATES DO NOT ALLOW

LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL

DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME CONSUMERS.

IN NO EVENT WILL RAND MCNALLY OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE

OR INABILITY TO USE THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IT IS THE USER’S RESPONSIBILITY TO USE THIS PRODUCT PRUDENTLY AND IN ACCORDANCE WITH THE DOCUMENTATION. THIS PRODUCT IS INTENDED TO BE USED ONLY AS A TRAVEL

AID AND MUST NOT BE USED FOR ANY PURPOSE REQUIRING PRECISE MEASUREMENT OF DIRECTION, DISTANCE, LOCATION OR TOPOGRAPHY.

The User agrees to allow information provided by the User to Rand McNally to be used for internal business evaluation purposes, including, but not limited to, evaluating the eectiveness of

the Product and the services provided and methods to simplify or improve User experiences. Such information will not be provided to third parties in any way that discloses the identity of the

User.

Rand McNally may make use of third party software in the Product. Notwithstanding the terms and conditions of this license, use of some third party materials included in the Product may be

subject to such third party’s terms and conditions. The third party copyright notices are provided at the end of this License.

The User agrees to indemnify, defend and hold Rand McNally and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, aliated companies, and the respective

of ocers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death),

demand, action, cost, expense or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by the User of this

Product.

These terms and conditions constitute the entire agreement between Rand McNally (and its licensors and suppliers) and the User pertaining to the subject matter hereof, and supersedes in

their entirety any and all written or oral agreements previously existing between us with respect to such subject matter. The terms and conditions (including the license) may be updated from

time to time with or without notice.

The above terms and conditions shall be governed by the laws of Illinois, without giving eect to (i) its conict of laws provisions, or (ii) the United Nations Convention for Contracts for the

International Sale of Goods, which is explicitly excluded. The User agrees to submit to the jurisdiction of Illinois courts for any and all disputes, claims and actions arising from or in connection

with the User’s license and use of the Product hereunder.

User shall not export the Product in violation of any U.S. or foreign laws. Rand McNally’s licensors shall be third party beneciaries of Rand McNally’s rights under this license, but are not parties

hereto and have no obligations hereunder.

By using this Product you agree to be bound both by the foregoing and to any additional terms of use found at www.randmcnally.com.

Actual toll costs may vary from estimates depending upon a number of factors including inaccurate or imprecise source data and variable toll costs, which are dependent upon vehicle

characteristics (class, axle number, weight, etc.) that vary across toll roads.

Restricted Rights Legend. For governmental agencies: Use, reproduction or disclosure is subject to restrictions set forth in subparagraph (c) (1) (iii) of the Right in Technical Data and Computer

Software clause at DFARS 52.227-7013, as amended.

Rand McNally, TripMaker, the Rand McNally logo and the globe design mark are registered trademarks and OverDryve is a trademark of RM Acquisition, LLC, d/b/a Rand McNally.