sat nav Acura TLX 2019 Navigation Manual

378
uuLegal Information uHonda App License Agreement
Reference Information
G. LIMITATIONS ON LIABILITY. You and
HONDA are each waiving important rights.
1. Limitations on YOUR liability. HONDA
cannot recover from you any consequential,
indirect, incidental, or special damages, or
attorney's fees in conn ection with your use
of the SOFTWARE or HONDA SERVICES.
HONDA WAIVES TO THE FULLEST EXTENT
ALLOWED BY LAW ANY CLAIM FOR
DAMAGES OTHER THAN DIRECT,
COMPENSATORY DAMAGES AS LIMITED IN
THIS AGREEMENT.
2. Limitation on HO NDA and PROVIDER
liability. Neither HONDA nor PROVIDERS will
be liable to you or any other party for
consequential, indirect, incidental, special,
or punitive damages (including without
limitation lost profits) in connection with
your use of the SOFTWARE or SERVICES,
even if HONDA or PROVIDERS are aware of
the possibility of such damages. These
limitations apply to all claims, including,
without limitation, claims in contract and
tort (such as negligence, product liability
and strict liability). To the extent that a
jurisdiction does not permit the exclusion or
limitation of liability as set forth herein our
liability is limited to the maximum extent permitted by law in such states. If HONDA
or PROVIDERS are found liable to you for
any reason, you agree that the aggregate
liability of all these parties to you for any
claim is limited to ten U.S. dollars (US
$10.00). Neither HONDA nor any PROVIDER
would have agreed to provide the
SOFTWARE or SERVICES to you if you did
not agree to this limitation. This amount is
the sole and exclusive liability of HONDA
and PROVIDERS to you, and is payable as
liquidated damages and not as a penalty.
Except where prohibited by law, you may
not bring any claim against HONDA or any
third-party beneficiary more than two (2)
years after the claim arises. We do not have
any liability for SOFTWARE or SERVICES
interruptions of any length.
(a) Release of HONDA and PROVIDERS For
yourself and anyone else claiming under
you, you agree to release and discharge
HONDA, PROVIDERS, their respective
officers, directors, and employees, and each
third-party benefici
ary from all claims,
liabilities and losses in connection with the
SOFTWARE or SERVICES, including, but not
limited to claims for personal injury or
property damage arising from the total or partial failure of performance of the
SOFTWARE or SERVICES, even if caused by
or based upon the negligence, gross
negligence, strict products liability,
Deceptive Trade Practices Act violations,
bad faith, or breach of warranty of us or the
malfunction of the SOFTWARE or
SOFTWARE SERVICES. YOU AGREE TO
WAIVE TO THE FULLEST EXTENT ALLOWED
BY LAW, ANY CLAIM FOR DAMAGES
OTHER THAN DIRECT, COMPENSATORY
DAMAGES AS LIMITED IN THIS
AGREEMENT. YOU HEREBY RELEASE AND
DISCHARGE HONDA AND ITS LICENSORS
AND CONTRACTORS (INCLUDING ANY
THIRD PARTIES PROVIDING ALL OR PART OF
THE SOFTWARE OR SERVICES) FROM AND
AGAINST ANY CLAIMS, DAMAGES,
EXPENSES AND LIABILITY ARISING FROM
OR RELATED TO ANY INJURIES, DAMAGES,
OR LOSSES TO ANY PERSON (INCLUDING
DEATH) OR PROPERTY OF ANY KIND
RESULTING IN WHOLE OR PART, DIRECTLY
OR INDIRECTLY, FROM YOUR USE OF THE
SOFTWARE OR SERVICES.
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uuLegal Information uUser Agreements
Continued
Reference Information
assignment or transfer. If part of this
provision is unenforceable, the remainder
remains in effect. If unenforceability allows
arbitration as a class action, then this
provision is entirely unenforceable. YOU
may opt out within 30 days of your initial
use of the Software by sending a signed,
written notice to HONDA at Honda
Financial Services, P.O. Box 165007, Irving,
TX 75016. HONDA reserves the right to
make changes to this provision after
providing written notice and an opportunity
to opt out.
N. Miscellaneous: You may not assign this
AGREEMENT without HONDA’s prior
written consent. This AGREEMENT and any
additional HONDA TERMS and PROVIDER
TERMS represents the entire agreement
between you and US. HONDA may amend
the terms of this AG REEMENT by providing
you with notices of such updated terms. If
you do not consent to be bound by the
updated terms, your sole remedy will be to
cease using the SOFTWARE and SERVICES.
If any part of this AGREEMENT is found
invalid, void, or unenforceable, the balance
of the AGREEMENT will remain valid and
enforceable according to its terms. To the fullest extent permitted by law, and except
as explicitly provided otherwise, this
AGREEMENT and any disputes arising out of
or relating to it will be governed by the laws
of the State of California, except that
California laws concerning choice of law or
conflicts shall not apply if they would cause
the substantive law of another jurisdiction
to apply. Notwithsta
nding the foregoing,
Section M shall be governed by the Federal
Arbitration Act and the laws of the State of
California, as applicable, as set forth
therein. The failure to enforce any term of
this AGREEMENT on on e occasion shall not
prevent enforcement on any other occasion
or the enforcement of any other term.
Headings and captions shall not be
considered included for purposes of
interpretation or application hereof, but are
for convenience only.User Agreements
In using this HDD “Satellite Linked
Navigation System” (the “HDD”), which
includes HONDA MOTOR CO., LTD.
software, ALPINE ELECTRONICS, INC.
software, and NAVTEQ database contents
(hereinafter referred to as “Licensors”), you
are bound by the terms and conditions set
forth below. By using your copy of the HDD,
you have expressed your Agreement to the
terms and conditions of this Agreement.
You should, therefore, make sure that you
read and understa nd the following
provisions. If for any reason you do not wish
to be bound by the terms of this
Agreement, please return the HDD to your
dealer.
• The HDD may not be copied, duplicated,
or otherwise modified, in whole or in
part, without the express written
permission of the Licensors.
• The HDD may not be transferred or sublicensed to any third party for profit,
rent or loan, or licensed for reuse in any
manner.
■Navigation System User
Agreement
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uuLegal Information uUser Agreements
Continued
Reference Information
INSTEAD, PROMPTLY CONTACT ALPINE
FOR INSTRUCTIONS ON RETURN OF THE
UNUSED DEVICE(S) FOR A REFUND. ANY
USE OF THE SOFTWARE, INCLUDING BUT
NOT LIMITED TO USE ON THE DEVICE, WILL
CONSTITUTE YOUR AGREEMENT TO THIS
EULA (OR RATIFICATION OF ANY PREVIOUS
CONSENT).
• GRANT OF SOFTWARE LICENSE
This EULA grants you the following
license: You may use the SOFTWARE only
on the DEVICE.
• NOT FAULT TOLERANT THE SOFTWARE IS NOT FAULT
TOLERANT. ALPINE HAS INDEPENDENTLY
DETERMINED HOW TO USE THE
SOFTWARE IN THE DEVICE, AND MS HAS
RELIED UPON ALPINE TO CONDUCT
SUFFICIENT TESTING TO DETERMINE
THAT THE SOFTWARE IS SUITABLE FOR
SUCH USE.
• NO WARRANTIES FOR THE SOFTWARE THE SOFTWARE is provided “AS IS” and
with all faults. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND
EFFORT (INCLUDING LACK OF
NEGLIGENCE) IS WITH YOU. ALSO,
THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT
OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED
ANY WARRANTIES REGARDING THE
DEVICE OR SOFTWARE THOSE
WARRANTIES DO NOT ORIGINATE
FROM, AND ARE NOT BINDING ON, MS.
• NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, MS,
MICROSOFT CORPORATION AND THEIR
AFFILIATES SHALL HAVE NO LIABILITY
FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL
DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OR
PERFORMANCE OF THE SOFTWARE. THIS
LIMITATION SHALL APPLY EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. IN NO EVENT SHALL MS,
MICROSOFT CORPORATION AND/OR
THEIR AFFILIATES BE LIABLE FOR ANY
AMOUNT IN EXCESS OF U.S. TWO
HUNDRED FIFTY DOLLARS (U.S.$250.00).
• SPEECH RECOGNITION
If the SOFTWARE includes speech
recognition component(s), you should
understand that speech recognition is an
inherently statistical process and that
recognition errors are inherent in the process. Neither ALPINE nor its suppliers
shall be liable for any damages arising out
of errors in the speech recognition
process.
• LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND
DISASSEMBLY
You may not reverse engineer,
decompile, or disassemble the
SOFTWARE, except and only to the
extent that such ac tivity is expressly
permitted by applicable law
notwithstanding this limitation.
• ADDITIONAL SOFTWARE/SERVICES The SOFTWARE may permit ALPINE, MS,
Microsoft Corporation or their affiliates
to provide or make available to you
SOFTWARE updates, supplements, add-
on components, or In ternet-base service
components of the SOFTWARE after the
date you obtain your initial copy of the
SOFTWARE (“Supplemental
Components”).
u If ALPINE provides or makes available
to you Supplemental Components
and no other EULA terms are provided
along with the Supplemental
Components, then the terms of this
EULA shall apply.
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