NavCom SF-3050 Rev.I - Manual (Page 164)

SF-3050 GNSS Product User Guide – Rev I
F-145
YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, OR SOFTWARE THAT HAS
BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A
DEFECT. To make a warranty claim, during the Warranty Period you must return, at our
expense, the Software and proof of purchase to the location where you obtained it. If the
functionalities of the Software vary substantially from the agreed upon functionalities,
Licensor is entitled -- by way of re-performance and at its own discretion -- to repair or
replace the Software. If this fails, you are entitled to a reduction of the purchase price
(reduction) or to cancel the purchase agreement (rescission). For further warranty
information, please contact Licensor at the address listed in Section 21.
18.2 Limitation of Liability for Users Residing in European Economic Area Countries
and Switzerland.
(a) If you obtained the Software in any European Economic Area country or
Switzerland, and you usually reside in such country, then Sections 7 and 11 do not apply,
Instead, subject to the provisions in Section 13.2.2, Licensor's statutory liability for
damages shall be limited as follows: (a) Licensor shall be liable only up to the amount of
damages as typically foreseeable at the time of entering into this License Agreement in
respect of damages caused by a slightly negligent breach of a material contractual
obligation and (b) Licensor shall not be liable for damages caused by a slightly negligent
breach of a non-material contractual obligation.
(b) The aforesaid limitation of liability shall not apply to any mandatory statutory
liability, in particular, to liability under the German Product Liability Act, liability for
assuming a specific guarantee or liability for culpably caused personal injuries.
(c) You are required to take all reasonable measures to avoid and reduce
damages, in particular to make back-up copies of the Software and your computer data
subject to the provisions of this Agreement.
19. Representations of Licensee. BY ACCEPTING THIS AGREEMENT, YOU: (A)
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
(B) REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS
AGREEMENT; (C) AGREE THAT THIS AGREEMENT IS ENFORCEABLE AGAINST
YOU AND ANY LEGAL ENTITY THAT OBTAINED THE Software AND ON WHOSE
BEHALF IT IS USED; AND, (D) AGREE TO PERFORM THE OBLIGATIONS OF THIS
AGREEMENT.
20. Identification of Licensor and Notices. The Licensor is NavCom Technology, Inc., A
John Deere Company. All notices to Licensor shall be sent by email, certified or
registered mail to the corresponding address for the Licensor given below. All notices
required to be given to you shall, in Licensor’s sole discretion, either be sent via email,
facsimile transmission, first class, certified or registered mail to the relevant address
given to Licensor in connection with your purchase of the RECEIVER. Any of the
foregoing methods of notification used by Licensor shall be effective upon dispatch. You
agree to notify Licensor of any change in your designated addresses in the manner set
forth above.
Place of
Purchase Address
North NavCom Technology, Inc.