APPENDIX
328
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 TANA (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.
