Michelin X970 - Manual (Page 99)

16.1.5 Term
This agreement shall be valid until it is terminated or ends for any reason whatsoever. It may be terminated at any
time in the event you breach any of the provisions hereof. Immediately after its termination or end, you must return
the Software and Data to ViaMichelin and/or destroy any copies in your possession.
16.1.6 Severability
If one of the provisions of this agreement proves to be invalid, unlawful or inapplicable, this shall not affect the
validity, lawfulness and applicability of the other provisions.
16.1.7 Governing law and jurisdiction.
For sales in Canada, Mexico or the United States, this licensing agreement shall be governed by the law of the State
of New York. For all other sales, this licensing agreement shall be governed by the law of France.
16.2 Warranty
This warranty is granted by ViaMichelin to the initial buyer, i.e., the end-user, of a ViaMichelin portable navigation
device (hereinafter “the ViaMichelin Product”) for his/her personal use (hereinafter “you”).
16.2.1 Hardware
ViaMichelin warrants that the portable navigation appliance and the accessories thereto (hereinafter “the
Hardware”) shall be free of any material or manufacturing defects, subject to normal use, for a period of one (1)
year from the date of the initial purchase. ViaMichelin warrants that the media on which the Software is recorded
shall be free from any defect during this warranty period.
16.2.2 Software
ViaMichelin warrants that the ViaMichelin Navigation Software and any other ViaMichelin branded Software
provided with the Hardware (hereinafter “the Software” shall comply with the specifications with which they are
supplied, for a peri-od of ninety (90) days from the date of the initial purchase.
16.2.3 Limit on the warranty.
1. This warranty does not apply to software or hardware produced by a third party and supplied with or
incorporated into the Viamichelin portable navigation system. ViaMichelin does not provide any warranty on
behalf of said third parties. The hardware and software produced by third parties are covered by a warranty from
their supplier or licensor.
2. This warranty does not apply to normal wear and tear to the Hardware and Software.
3. This warranty does not cover (i) material damage to the surface of the portable navigation appliance including
cracks and scratches on the screen or the outer case, (ii) damage caused by incorrect use or use that does not
comply with the instructions, negligence, or an attempt to repair or modify the product, (iii) damage caused by fire,
damp or leaks, exposure to a source of heat, fluctuations in voltage, natural disasters or other risks, (iv) or damage
caused by the use of the ViaMichelin Product with other hardware and/or software than those it is sold with.
4. This warranty does not include a warranty that the operation of the Software shall be uninterrupted and free
from error. Errors in calculation may occur due to the fact that the Software is used in an external system or
due to the conditions of the local environment. Any warranty as to the reliability, accuracy, completeness and
comprehensiveness of the data included in the Software is expressly excluded. ViaMichelin and its suppliers use
the utmost care in selecting and updating the cartographic and thematic data included in the Software. However,
on the date the Software is acquired or used, certain data included in the Software may have been modified
without ViaMichelin or its suppliers having been informed of this.
5. This warranty does not cover real time traffic information services that you may access using your ViaMichelin
portable navigation system, subject to availability of these services in the country in which you are travelling. Such
services are provided under the sole responsibility of the respective providers, which may be private or public
entities. No warranty as to the accessibility or availability of such services is provided. Any warranty as to the
reliability, accuracy, comprehensiveness or real-time updating of any information, messages or warnings sent via
these services is also excluded.
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