Databases Limited Warranty
"We", "our", or "us" refers to Navico, the manufacturer of this product. "You" or "your" refers to the first person who purchases the product as a consumer item for personal, family, or household use. The Databases Limited Warranty applies to the one or more databases that your product may contain. We refer to each of these as a "Database" or together as the "Databases." Your product may thus include the "WBS Database" which contains worldwide background surface mapping data, the "SmartMap Database" which contains inland mapping data, or other Databases. We warrant to you that we have accurately compiled, processed, and reproduced the portions of the source material on which the Databases are based. However, we are under no obligation to provide updates to the Databases, and the data contained in the Databases may be incomplete when compared to the source material. WE MAKE NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND ABOUT THE ACCURACY OF THE SOURCE MATERIAL ITSELF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If there is a defect in any Database, your exclusive remedy shall be, at our option, either a refund of the price you paid for the product containing the defective Data- base or a replacement of such product. WE WILL NOT UNDER ANY CIRCUM-
STANCES BE LIABLE TO ANYONE FOR ANY SPECIAL, CONSEQUEN- TIAL, INCIDENTAL, OR OTHER INDIRECT DAMAGE OF ANY KIND. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
This warranty does NOT apply in the following circumstances: (1) when the prod- uct has been serviced or repaired by anyone other than us; (2) when the product has been connected, installed, combined, altered, adjusted, or handled in a man- ner other than according to the instructions furnished with the product; (3) when any serial number has been effaced, altered, or removed; or (4) when any defect, problem, loss, or damage has resulted from any accident, misuse, negligence, or carelessness, or from any failure to provide reasonable and necessary maintenance in accordance with the instructions of the owner’s manual for the product.
We reserve the right to make changes or improvements in our products from time to time without incurring the obligation to install such improvements or changes on equipment or items previously manufactured.
This warranty gives you specific legal rights and you may also have other rights which may vary from state to state.
Your remedies under this warranty will be available so long as you can show in a reasonable manner that the defect occurred within one (1) year from the date of your original purchase, and we must receive your warranty claim no later than 30 days after such
