The following are the terms and conditions of a legal agreement between you and Barco Software, LLC. ("Barco"). By installing or using zNav (the "Software"), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you do not agree to these terms and conditions, do not use this Software. The software is protected by law, including but not limited to the United States Copyright Law and international treaties.
Grant of License. Barco hereby grants to you a non-transferable, personal, non-exclusive license to use the Software for your own benefit on a single computer. Barco expressly reserves any and all rights which it may have in or to the Software which are not expressly licensed to you by Barco hereunder, including but not limited to any and all copyrights, patent rights and other intellectual property rights. In no event shall you make use of the Software for commercial purposes except as expressly permitted herein, it being understood that, except as so expressly permitted, your sole rights with respect to the Software shall be to use the Software for your own benefit and not for the benefit of any third party.
Disclaimer of Warranties. You expressly agree that your use of the Software is at your sole risk. The Software is provided on an "as is" basis without warranties of any kind, whether express or implied, including without limitation warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Specifically, neither Barco, its affiliates, nor any of their respective employees, agents, third party content providers or licensors warrant that the Software will be error-free, that the use the Software will allow you to obtain any particular results whatsoever, or that the Software is accurate, reliable or of any particular value or quality.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL BARCO OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF, OR THE INABILITY TO USE, ANY PRODUCT, THIS SOFTWARE, EVEN IF BARCO OR AN AUTHORIZED REPRESENTATIVE OF BARCO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BARCO AND ITS AFFILIATES ARE NOT LIABLE FOR ANY LOSS OF DATA OR PROFIT. IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR OTHER MATERIAL ACCESSIBLE ON OR THROUGH BARCO'S WEBSITE, OR WITH ANY OF BARCO'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT AND BARCO'S WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Navigation Disclaimer. THE PRODUCTS ARE NOT INTENDED FOR NAVIGATIONAL USE AND SHOULD NOT BE RELIED UPON FOR SUCH PURPOSE. ALWAYS NAVIGATE BY REFERENCE TO A CURRENT NAVIGATIONAL CHART OR MAP. IN NO EVENT SHALL BARCO HAVE ANY LIABILITY ARISING OUT OF ANY NAVIGATIONAL USE OF ANY OF THE PRODUCTS.
Miscellaneous Provisions. Barco reserves the right to change this License at any time without notice. This License shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of law. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this License, and shall not affect the validity and enforceability of any remaining provisions hereof. The rights to use this Software granted to you hereunder are personal to you and are not subject to transfer or assignment. Any claim relating to this Software or its use shall be subject to the exclusive jurisdiction of the federal and state courts located in Wisconsin, and by your use of this Software you submit yourself to the personal jurisdiction of such courts.