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Software in any manner that (i)
infringes the intellectual property or
proprietary rights, rights of publicity
or privacy or other rights of any party,
(ii) violates any law, statute,
ordinance or regulation, including but
not limited to laws and regulations
related to spamming, privacy,
consumer and child protection,
obscenity or defamation, or (iii) is
harmful, threatening, abusive,
harassing, tortuous, defamatory,
vulgar, obscene, libelous, or otherwise
objectionable; and (f) lease, rent out,
or otherwise permit unauthorized
access by third parties to the TeleNav
Software without advanced written
permission of TeleNav.
4. Disclaimers
To the fullest extent permissible
pursuant to applicable law, in no
event will TeleNav, its licensors and
suppliers, or agents or employees of
any of the foregoing, be liable for any
decision made or action taken by you
or anyone else in reliance on the
information provided by the TeleNav
Software. TeleNav also does not
warrant the accuracy of the map or
other data used for the TeleNav
Software. Such data may not always
reflect reality due to, among other
things, road closures, construction,
weather, new roads and other
changing conditions. You are
responsible for the entire risk arising
out of your use of the TeleNav
Software. For example but without
limitation, you agree not to rely on the
TeleNav Software for critical
navigation in areas where the
well-being or survival of you or others
is dependent on the accuracy of
navigation, as the maps or
functionality of the TeleNav Software
are not intended to support such high
risk applications, especially in more
remote geographical areas.
TELENAV EXPRESSLY DISCLAIMS
AND EXCLUDES ALL WARRANTIES
IN CONNECTION WITH THE TELENAV
SOFTWARE, WHETHER STATUTORY,
EXPRESS OR IMPLIED, INCLUDING
ALL WARRANTIES WHICH MAY
ARISE FROM COURSE OF DEALING,
CUSTOM OR TRADE AND INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD
PARTY RIGHTS WITH RESPECT TO
THE TELENAV SOFTWARE. Certain
jurisdictions do not permit the
disclaimer of certain warranties, so
this limitation may not apply to you.
5. Limitation of Liability
TO THE EXTENT PERMITTED UNDER
APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL TELENAV
OR ITS LICENSORS AND SUPPLIERS
BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING IN EACH CASE, BUT NOT
LIMITED TO, DAMAGES FOR THE
INABILITY TO USE THE EQUIPMENT
OR ACCESS DATA, LOSS OF DATA,
LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION
427
Appendices
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