User Manual - Page 414

For LINCOLN 2016 MKC.

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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 OR THE LIKE)
ARISING OUT OF THE USE OF OR
INABILITY TO USE THE TELENAV
SOFTWARE, EVEN IF TELENAV HAS
BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING
ANY DAMAGES THAT YOU MIGHT
INCUR FOR ANY REASON
WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ALL DAMAGES
REFERENCED HEREIN AND ALL DIRECT
OR GENERAL DAMAGES IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR
411
MKC (TME), enUSA, First Printing
Appendices
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