GE MapSight User Manual page 93

(e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IKEGPS, ITS DEALERS,
DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(f) (USA and EU only) SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
TO STATE OR COUNTRY TO COUNTRY.
(g) Extended warranties, licensing, and maintenance beyond the initial established period, are
available for purchase from ikeGPS.
8. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to the place you acquired it,
with a copy of your receipt and a description of the problem. Provided that any non-compliance with
the above warranty is reported in writing to ikeGPS no more than ninety (90) days following delivery
to you, ikeGPS will use reasonable commercial efforts to supply you with a replacement copy of the
Software that substantially conforms to the documentation, provide a replacement for defective
media, or refund to you your purchase price for the Software, at its option. ikeGPS shall have no
responsibility if the Software has been altered in any way, if the media has been damaged by misuse,
accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with
other than a recommended hardware configuration. Any such misuse, accident, abuse, modification
or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND
EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH
RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
9. LIMITATION OF LIABILITY
(a) NEITHER IKEGPS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS
OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE
OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF IKEGPS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
(b) IKEGPS'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL
BE LIMITED TO THE LESSER OF $1000 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT
CAUSED SUCH DAMAGE.
(c) (USA and EU only) SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES
AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
10. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are
fundamental elements of the basis of the agreement between ikeGPS and you. ikeGPS would not be
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