Maestro Navigator 3.5.3.doc
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IN NO EVENT SHALL FARIA OR ITS LICENSORS BE LIABLE TO YOU OR TO ANY
THIRD PARTY FOR LOST PROFITS, ECONOMIC LOSSES, OR ANY OTHER
CONSEQUENTIAL DAMAGES, OR FOR EXEMPLARY, PUNITIVE OR INCIDENTAL
DAMAGES, ARISING OUT OF ANY BREACH BY FARIA OF ANY WARRANTY,
AGREEMENT OR OBLIGATION CONTAINED HEREIN, EVEN IF FARIA SHALL HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF
FARIA AND ITS LICENSORS FOR ACTS OR OMISSIONS RELATING TO OR ARISING
OUT OF THE PRODUCT, INCLUDING WITHOUT LIMITATION ANY LIABILITY BASED
ON OR ARISING OUT OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER THEORY, SHALL BE LIMITED AS SET FORTH IN THIS PARAGRAPH,
AND IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FARIA AND ITS
LICENSORS TO YOU WITH RESPECT HERETO EXCEED THE AGGREGATE AMOUNT
WHICH YOU SHALL THEN HAVE PAID TO FARIA WITH RESPECT TO THE PRODUCT.
Some states do not allow the exclusion of incidental or consequential damages, so the above
exclusion may not apply to you.
Government Restrictions and Disclaimers.
THE FOLLOWING ADDITIONAL RESTRICTIONS AND DISCLAIMERS MAY APPLY TO
YOU:
U.S. Government Restricted Rights: Certain software and documentation, which may be included
in the Product, are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 2525.227-7013 or subparagraphs (c)(1)
and (2) of Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as
applicable. The Manufacturer is Faria, Inc., 385 Norwich-New London Tpke, Uncasville,
Connecticut 06382
1.
This License Agreement contains commercial terms and conditions. Licensee's
rights in the Software,
Data, and Documentation are strictly limited to the uses granted by this License
Agreement pursuant to FAR 12.211, FAR 12.212, and DFARS 227.7202. In the event
any court, arbitrator, or board holds that the U.S. Government has greater rights to any
portion of the Software, Data, or Documentation, such rights shall extend only to the
portion(s) affected and use, duplication, or disclosure by the U.S. Government is subject
to restrictions as provided in FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT III)
(June 1987), DFARS 252.227-7015 (NOV 1995), or NFS 1852.227-86 (December 1987),
as applicable. No other license terms or conditions shall apply unless expressly agreed in
writing.
WARNING: No National Hydrographic Office has verified the information in this product and
none accepts liability for the accuracy of reproduction or any modifications made thereafter. No
National Hydrographic Office warrants that this product satisfies national or international
regulations regarding the use of the appropriate products for navigation.
Ownership of the Product.
The Product and all copies thereof, including without limitation any and all translations,
compilations, partial copies, extracts, excerpts, summaries, modifications and enhancements
thereof, are and shall remain the sole and exclusive property of Faria and its licensors. All
applicable rights to patents, copyrights, trademarks and trade secrets in the Product, including
without limitation, all such rights under U.S. Patent No. 5,727,090, are and shall remain in Faria
and its licensors. To the extent that you shall acquire any right or interest in or to the Product,
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