vi
April 2008
NAVIGON, INC.
Revision 1.0
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WAR-
RANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO
THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7.2
This exclusion does not apply to (a) any implied condition as to title and (b) any implied
warranty as to conformity with description. If applicable law requires any implied warranties with
respect to the Software, Content or the Hardware Device, all such warranties are limited in dura-
tion to ninety (90) days unless stated otherwise in writing.
7.3
Any suggestions by NAVIGON or NAVIGON's agents regarding use, application, or suit-
ability of the Software shall not be construed as an express warranty unless confirmed to be such
in writing by NAVIGON.
8.
LIMITATION OF LIABILITY
8.1
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE
EXPRESSLY STATED IN THIS LICENSE, NAVIGON WILL NOT BE LIABLE OR RESPONSIBLE
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY TYPE OF DIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF PROPRI-
ETARY MATERIAL, RIGHTS OR SERVICES, BUSINESS INTERRUPTION, LOSS OR COR-
RUPTION OF ELECTRONIC COMMUNICATIONS, OR INTERRUPTION OR LOSS OF USE OF
SERVICES OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OTHER PECUNIARY LOSS, AND WHETHER ARISING UNDER THEORY OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SOME JURISDIC-
TIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU.
8.2
IN NO EVENT SHALL NAVIGON’S TOTAL LIABILITY (WHETHER ARISING UNDER A
THEORY OF CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHER-
WISE) UNDER OR IN CONNECTION WITH THIS LICENSE OR BASED ON ANY CLAIM FOR
INDEMNITY OR CONTRIBUTION EXCEED THE AMOUNT OF PURCHASE PRICE OF THE
LICENSE. NOTWITHSTANDING ANY OF THE FOREGOING, YOU EXPRESSLY ACKNOWL-
EDGE AND AGREE THAT NAVIGON WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES
WHATSOEVER, WHICH ARISE MORE THAN ONE (1) YEAR PRIOR TO THE INSTITUTION OF
A LAWSUIT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.3
Without limiting the foregoing, NAVIGON shall not be liable for any loss resulting from a
cause over which NAVIGON does not have sole and direct control, including, but not limited to,
failure of electronic or mechanical equipment or communication lines; telephone or other intercon-
nection problems; bugs, errors, configuration problems or incompatibility of computer hardware or
software; problems with equipment or services relating to your computers; problems with interme-
diate computer or communications networks or facilities; problems with data transmission facilities
or your telephone or telephone services; unauthorized access, theft, operator errors, severe
