NavCom SF-3040 Rev.F - Manual (Page 168)

SF-3040 Product User Guide
– Rev. F
E-166
OR OTHER LEGAL OR EQUITABLE THEORY. NO
REPRESENTATION OR OTHER AFFIRMATION OF
FACT INCLUDING, BUT NOT LIMITED TO,
STATEMENTS REGARDING SUITABILITY FOR USE,
SHALL BE DEEMED TO BE A WARRANTY BY NAVCOM
OR ANY OF ITS AFFILIATES OR THIRD PARTY
SUPPLIERS. NAVCOM DOES NOT WARRANT THAT
THE S
OFTWARE IS ERROR-FREE OR WILL OPERATE
WITHOUT INTERRUPTION.
6. LIMITATION OF LIABILITY. EXCEPT AS SET
FORTH IN THE LIMITED WARRANTY, UNDER NO
CIRCUMSTANCES SHALL NAVCOM, ITS AFFILIATES
OR ITS THIRD PARTY SUPPLIERS BE LIABLE TO YOU
OR TO ANY THIRD PARTIES FOR DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING ANY LOSS OR DAMAGE CAUSED BY
THE S
OFTWARE
; ANY PARTIAL OR TOTAL FAILURE OF
THE S
OFTWARE
; PERFORMANCE, NONPERFORMANCE
OR DELAYS IN CONNECTION WITH ANY
INSTALLATION, MAINTENANCE, WARRANTY OR
REPAIRS OF THE S
OFTWARE , DAMAGES FOR, LOST
PROFITS, LOSS OF BUSINESS OR LOSS OF
GOODWILL, LOSS OF USE OF EQUIPMENT OR
SERVICES OR DAMAGES TO BUSINESS OR
REPUTATION ARISING FROM THE PERFORMANCE OR
NON-PERFORMANCE OF ANY ASPECT OF THIS
AGREEMENT, WHETHER IN CONTRACT, TORT OR
OTHERWISE, AND WHETHER OR NOT NAVCOM, ITS
AFFILIATES OR ITS THIRD PARTY SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL NAVCOM'
S
CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER
PARTY FOR ANY LOSSES OR DAMAGES RESULTING
FROM ANY CLAIMS, LAWSUITS, DEMANDS, OR
ACTIONS ARISING FROM OR RELATING TO USE OF
THE S
OFTWARE EXCEED THE LICENSE FEES YOU
HAVE PAID FOR THE LICENSE GRANTED TO YOU IN THIS
LICENSE AGREEMENT .
7. Software Maintenance. NAVCOM may, at its sole
option, offer you maintenance of the Software. Such