Kenwood DNX891HD - Manual (Page 10)

10 GPS Navigation Instruction Manual
their respective affiliates) and Garmin Ltd. (and
its subsidiaries) make no warranty of fitness or
compatibility of the Traffic Data with the Garmin
product and no warranty that the Traffic Data will
operate properly as integrated and interfaced
with the Garmin product. In addition, HERE or
TPTP (and their respective affiliates) and Garmin
Ltd. (and its subsidiaries) make no warranty with
regard to the reliability, accuracy, exhaustiveness,
and completeness of the Traffic Data, which may
contain inaccuracies and/or errors from time
to time. To the maximum extent permitted by
applicable law, any and all warranties of any kind
whatsoever with regard to the Traffic Data are
hereby expressly waived and excluded, including,
but not limited to, those of merchantability, fitness
for a particular purpose, accuracy or completeness
of the Traffic Data, and/or a lack of viruses.
HERE or TPTP (and their respective affiliates),
Garmin Ltd. (and its subsidiaries), and their
suppliers disclaim all liability for any loss, injury, or
damage resulting from use of or inability to use the
Garmin product and the Traffic Data as a result of
weather difficulties, the destruction of transmitters
and/or broadcasting infrastructures, a natural
disaster, and/or a lack of reliability, completeness, or
accuracy of the Traffic Data. In no event shall HERE
or TPTP (and their respective affiliates), Garmin Ltd.
(and its subsidiaries), and their suppliers be liable
to you or any other party for any compensatory,
direct, indirect, incidental, special, or consequential
damages (including, without limitation, indirect,
direct, special, punitive, or exemplary damages
for loss of business, loss of profits, business
interruption, or loss of business information) arising
out of the use of or inability to use the Garmin
product or the Traffic Data, even if HERE or TPTP or
Garmin have been advised of the possibility of such
damages.
Lifetime or Onetime Traffic. If you purchase or
your Garmin product is pre-loaded with “lifetime”
or “one-time” traffic, you will receive Traffic Data for
the useful life of your Garmin traffic receiver (as
long as you own a compatible Garmin product)
or as long as Garmin receives Traffic Data from its
third party content supplier, whichever is shorter.
A traffic receiver’s “useful life” means the period
during which the receiver (a) has the required
technical capabilities to utilize current traffic data
service and (b) is capable of operating as intended
without major repairs. Traffic Data is not available
for all areas. Garmin may terminate your traffic
subscription immediately if you violate any of the
terms of this Agreement. Your traffic subscription
may not be transferred to another person or
another Garmin product. Traffic services are in
part geographically restricted to the reception
and transmission range of the radio transmitters in
the case of broadcast RDSTMC, HD or DAB traffic,
operated by the respective network operators or
cellular carriers in the case of connected traffic over
IP. They can be affected by atmospheric conditions,
topographical conditions, the vehicles’ location or
position as well as obstacles (for example bridges
and buildings).
Governing Law for HERE Traffic Data. The
above terms and conditions concerning HERE
Traffic Data shall be governed by the laws of the
State of Illinois, without giving effect to (i) its
conflict of laws provisions, or (ii) the United Nations
Convention for Contracts for the International Sale
of Goods, which is explicitly excluded. You agree
to submit to the jurisdiction of the State of Illinois
for any and all disputes, claims and actions arising
from or in connection with the HERE Traffic Data
provided to you hereunder.
HERE Traffic Data Government End Users. If
the HERE Traffic Data is being acquired by or on
behalf of the United States government or any
other entity seeking or applying rights similar
to those customarily claimed by the United
States government, this HERE Traffic Data is a
“commercial item” as that term is defined at 48
C.F.R. (“FAR”) 2.101, is licensed in accordance
with this Agreement, and the HERE Traffic Data
delivered or otherwise furnished shall be marked
and embedded as appropriate with the following
“Notice of Use,” and shall be treated in accordance
with such Notice:
Notice of Use
Contractor (Manufacturer/ Supplier) Name: HERE
Contractor (Manufacturer/supplier) Address: 425
West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as defined in FAR
2.101 and is subject to the HERE Traffic™ End User
License Agreement under which this Data was
provided.
© 1987-2014 HERE – All rights reserved.
If the Contracting Officer, federal government
agency, or any federal official refuses to use the