APPENDIX
263
DISCLAIMER OF WARRANTY
THE DATABASE IS PROVIDED ON
AN “AS IS” AND “WITH ALL FAULTS
BASIS” AND DENSO AND TANA (AND
THEIR LICENSORS AND
SUPPLIERS) EXPRESSLY DISCLAIM
ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF
NON−INFRINGEMENT,
MERCHANTABILITY,
SATISFACTORY QUALITY,
ACCURACY, TITLE AND FITNESS
FOR A PARTICULAR PURPOSE. NO
ORAL OR WRITTEN ADVICE OR
INFORMATION PROVIDED BY
DENSO OR T ANA (OR ANY OF THEIR
LICENSORS, AGENTS, EMPLOYEES
OR THIRD PARTY PROVIDERS)
SHALL CREATE A WARRANTY, AND
YOU ARE NOT ENTITLED TO RELY
ON ANY SUCH ADVICE OR
INFORMATION. THIS DISCLAIMER
OF WARRANTIES IS AN ESSENTIAL
CONDITION OF THIS AGREEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DENSO OR
TANA (OR THEIR LICENSORS OR
SUPPLIERS) BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL,
SPECIAL, INDIRECT OR
EXEMPLARY DAMAGES ARISING
OUT OF THIS AGREEMENT OR
YOUR USE OF THE DATABASE,
INCLUDING, WITHOUT LIMITATION,
LOST PROFITS OR COSTS OF
COVER, LOSS OF USE OR
BUSINESS INTERRUPTION OR THE
LIKE, REGARDLESS OF WHETHER
THE PARTY WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL
LIABILITY OF DENSO OR TANA (OR
THEIR LICENSORS OR SUPPLIERS)
EXCEED THE AMOUNTS PAID BY
YOU FOR THE DATABASE.WARNINGS
The DATABASE comprises facts and
information from government and
other sources reflecting
circumstances in existence before you
received the DATABASE, which may
contain errors and omissions.
Accordingly, the DATABASE may
contain inaccurate or incomplete
information due to the passage of time,
changing circumstances, and due to
the nature of the sources used. The
DATABASE does not include or reflect
information relating to, among other
things, neighborhood safety; law
enforcement; emergency assistance;
construction work; road or lane
closures; vehicle or speed restrictions;
road slope or grade; bridge height,
weight or other limits; road or traffic
conditions; special events; traffic
congestion; or travel time.