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versions of this Agreement, you are licensed to use only one
copy of the Software.
THE SOFTWARE LICENSED HEREUNDER MAY CONTAIN
DEFECTS. YOU ARE ADVISED NOT TO RELY ON THIS
SOFTWARE, TO SAFEGUARD IMPORTANT DATA, TO USE
CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT
FUNCTIONING OR PERFORMANCE OF THE SOFTWARE
AND ACCOMPANYING MATERIALS.
The software is not designed or licensed for use in mission-
critical applications, or in hazardous environments, requiring
fail-safe controls, including without limitation operation of nuclear
facilities, aircraft navigation or communication systems, air traffic
control, or life support or weapons systems.
To the maximum extent permitted by applicable law, the Software
is provided to you “AS IS AND WITH ALL FAULTS”, and Mio, its
suppliers and licensors hereby disclaim any warranty, express
or implied (either in fact or by operation of law), with respect to
the Software, either as to merchantability, fitness for particular
purpose, or any other matter. You acknowledge and agree that
the Software has not been tested or certified by any government
agency or industry regulatory organization or any other third party
organization. In no event shall Mio, its suppliers and licensors
be held liable for, liabilities or obligations for damages, including
but not limited to special, indirect, or consequential damages or
loss of use, revenue, or profits in connection with or arising out
of this Agreement or any breach of this Agreement by Mio, its
suppliers or licensors or the existence, furnishing, functioning, or
any use of the Software. Any other representations or warranties
made by any person, including employees or representatives of
Mio, its suppliers and licensors, which are inconsistent herewith
shall be disregarded by you and shall not be binding upon Mio,
its suppliers and licensors, if any product model or sample
was shown to you, such model or sample was used merely
to illustrate the general type and quality of the product and
not to represent that the Software would necessarily conform
with such model or sample. NO ORAL OR WRITTEN ADVICE
OR INFORMATION PROVIDED BY MIO, ITS SUPPLIERS
AND LICENSORS OR ON THEIR BEHALF SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS LIMITED WARRANTY, AND YOU ARE NOT ENTITLED TO
RELY ON ANY SUCH ADVICE OR INFORMATION.
Any liability of Mio, its suppliers and licensors towards you shall
be void if any damage to the Product is caused by accident,
transportation, neglect or misuse, alteration (which shall include,
but not be limited to, any deviation from the specifications),
any unauthorized modification or enhancement of the Product,
failure to maintain a suitable operating environment, or the use
of the Product for other than the specific purpose for which it was
designed.
In no event shall Mio, its suppliers and licensors be liable for
any third party materials, database and/or their content including
the GUI and all other implications arising from such error or
malfunction related to database.
Provision of the Product under this Agreement shall not create
any obligation for Mio, its suppliers and licensors to continue to
develop, productize, support, repair, offer for sale or in any other
way continue to provide or develop software either to you or to
any other party.
RESTRICTIONS: You are not permitted to: analyze, modify,
translate, adapt, reverse engineer, decompile, disassemble, or
otherwise reduce the Software to a perceivable form; create
derivative works based on the Software or any part thereof,
or attempt to increase the functionality of the Software in any
manner; copy or download the Software (except for backup
purposes as stated above), reproduce through any electronic
or mechanical means, and distribute copies – any unauthorized
26


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