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PC*MILER®Mobile Product End-User License Agreement
ALK Technologies, Inc., a New Jersey corporation ("ALK"), agrees to furnish you, the
ALK represents and warrants that it has sufficient right, title, and interest in the service to grant you the right to use the service, and that during the term of your subscription, the service will function substantially according to its specifications.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE PC*MILERMOBILE SERVICE IS SOLD "AS IS". IN NO EVENT SHALL ALK BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS IN CONNECTION WITH OR ARISING OUT OF THE EXISTENCE OF THE FURNISHING, FUNCTIONING OR USE OF THE SERVICES PROVIDED IN THIS AGREEMENT. IN THE EVENT THAT A COURT OF PROPER JURISDICTION DETERMINES THAT THE DAMAGE LIMITATIONS SET FORTH ABOVE ARE ILLEGAL OR UNENFORCEABLE THEN, IN NO EVENT SHALL DAMAGES EXCEED THE PRICE PAID. THIS WARRANTY SHALL NOT ACCRUE TO THE BENEFIT OF THIRD PARTIES OR ASSIGNEES.
PC*MILERMobile suggested routings are based on official highway maps, the Code of Federal Regulations, and information provided by state governments. They are provided without a warranty of any kind. You agree to assume full responsibility for any delay, expense, loss or damage that may occur as a result of their use.
You agree to locate and secure the mobile telephone on which you use the service so that it does not interfere with the safe and attentive operation of a vehicle. Do not place your mobile telephone, GPS receiver, antenna, or power supply where it may strike the driver or passengers if the vehicle turns sharply or stops abruptly.
The accuracy of PC*MILERMobile is insufficient for it to be used for automated navigation or in any situation in which errors or omissions in the service could lead directly to death, personal injury, or physical or environmental damage. You must remain alert at all times to actual road conditions and obey all posted signs and traffic regulations.
You hereby expressly agree to indemnify, defend and hold ALK harmless against any and all liability, loss, damage, cost and expense, including reasonable attorneys'
4 | PC*MILERMobile User’s Guide |
