Software License
5.Warranty:
a.For 90 days from the date of shipment of new purchased product, NovAtel warrants that the media (for example, compact disk) on which the Software is contained will be free from defects in materials and workmanship. This warranty does not cover damage caused by improper use or neglect.
b.NovAtel does not warrant the contents of the Software or that it will be error free. The Software is furnished "AS IS" and without warranty as to the performance or results you may obtain by using the Software. The entire risk as to the results and performance of the Software is assumed by you.
6.Indemnification: NovAtel shall be under no obligation or liability of any kind (in contract, tort or otherwise and whether directly or indirectly or by way of indemnity contribution or otherwise howsoever) to the Licensee and the Licensee will indemnify and hold NovAtel harmless against all or any loss, damage, actions, costs, claims, demands and other liabilities or any kind whatsoever (direct, consequential, special or otherwise) arising directly or indirectly out of or by reason of the use by the Licensee of the Software whether the same shall arise in consequence of any such infringement, deficiency, inaccuracy, error or other defect therein and whether or not involving negligence on the part of any person.
7.For Software UPDATES and UPGRADES, and regular customer support, contact the NovAtel GPS Hotline at
NovAtel Inc.
Customer Service Dept.
1120 - 68 Avenue NE,
Calgary, Alberta, Canada T2E 8S5
8.Disclaimer of Warranty and Limitation of Liability:
a.THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NovAtel DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. IN NO EVENT WILL NovAtel's LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF NovAtel HAS KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.
b.NovAtel will not be liable for any loss or damage caused by delay in furnishing the Software or any other performance under this Agreement.
c.NovAtel's entire liability and your exclusive remedies for our liability of any kind (including liability for negligence) for the Software covered by this Agreement and all other performance or
This Agreement is governed by the laws of the Province of Alberta, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Alberta.
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