The following limited warranties give you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
Hardware Limited Warranty
O-Navi warrants our hardware products (the “Product”) shall be free from defects in materials and workmanship and will substantially conform to this specification (or latest revision) for the product for a period of one (1) year, starting from the date of delivery. The warranty set forth in this paragraph shall not apply to software/firmware products.
Software and Firmware License, Limited Warranty
O-Navi software and/or firmware products (the “Software”) are licensed and not sold. Software use is governed by the provisions of the applicable End User License Agreement(s) (“EULA”), if any, included with the Software. In the absence of a separate EULA included with the software providing different limited warranty terms, exclusions, and limitations, the following terms and condition shall apply. O-Navi warrants that O-Navi Software product(s) will substantially conform to this specification (or latest revision) for the product for a period of ninety (90) days, starting from the date of delivery.
O-Navi’s sole liability and your exclusive remedy under the warranties set forth above shall be, at O-Navi’s option, to repair or replace any Product or software that fails to conform to such warranty (“Nonconforming Product”), or refund the purchase price paid by you for any such Nonconforming Product, upon your return of any Nonconforming Product to O-Navi in accordance with O-Navi’s standard return material authorization procedures.
Warranty Exclusions and Disclaimer
These warranties shall be applied only in the event an to the extent that: (i) the Products and Software are properly and correctly installed, configured, interfaced, maintained, stored, and operated in accordance with O-Navi’s relevant users’ manual and/or specification, and, (ii) the Products and Software are not modified or misused. The preceding warranties shall not apply to, and O-Navi shall not be responsible for defects or performance problems resulting from (i) the combination or utilization of the Product or Software with products, information, data systems or devices not made, supplied or specified by O-Navi; (ii) the operation of the Product or Software under any specification other than, or in addition to, O-Navi’s standard specifications for its products; (iii) the unauthorized modification or use of the Product or Software; (iv) damage caused by accident, lightning or other electrical discharge, fresh or salt water immersion or spray; or (v) normal wear and tear on consumable parts (e.g. batteries).
THE WARRANTIES ABIVE STATE O-NAVI’S ENTIRE LIABILITY, AND YOR EXCLUSIVE REMEDIES, RELATING TO PERFORMANCE OF THE PRODUCTS AND SOFTWARE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE PRODUCTS, SOFTWARE AND ACCOMPANYING DOCUMENTATION AND MATERIALS ARE PROVIDED “AS-IS” AND WITHOUOT EXPRESS OR IMPLIED WARRANTY OF ANY KIND EITHER BY O-NAVI OR ANYONE ELSE WHO HAS BEEN INVLOVED IN ITSCREATION, PRODUCTION, INSTALLATION, OR DISTRIBUTION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF O-NAVI ARISING OUT OF, OR IN CONNECTION WITH, ANY PRODUCTS OR SOFTWARE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
O-NAVI, LLC IS NOT RESPONSIBLE FOR THE OPERATION OR FAILIURE OF OPERATION OF GPS SATELLITES OR THE AVAILABILITY OF GPS SATELLITE SIGNALS. USER ASSUMES ALL RISK OF OPERATION O-NAVI PRODUCTS WHICH CONTAIN GPS SATELLITE RECEIVERS.
Limitation of Liability
LIABILITY UNDER ANY PROVISION HEREIN SHALL BE LIMITED TO THE GREATER OF
THE AMOUNT PAID BY YOUFOR THE PRODUCT
OR SOFTWARE LICENSE
OR U.S. $25.00 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL O-NAVI OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL.
OR CONSEQUENTIAL DAMAGES WHATSOEVER UNDER ANY CIRCUMSTANCE OR LEGAL THEORY
RELATING IN ANY WAY TO THE PRODUCTS, SOFTWARE, AND ACCOMPANYING DOCUMENTATION
AND MATERIALS, (INCLUDING, WITHOUT LIMITATION, DAMAGES FPR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS), REGARDLESS OF WHETHER O-NAVI HAS BEEN ADVISED OF THE POSSIBILITY
OF ANY SUCH LOSS AND REGARDLESS OF THE COURSE OF DEALING WHICH DEVELOPS OR
HAS DEVELOPED BETWEEN YOU AND O-NAVI. BECAUSE SOME STATES AND JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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