35
thereof. Except as expressly provided herein, this Agreement
does not grant you any rights to patent, copyrights, trade secret,
trademarks, or any other intellectual property rights.
TERMINATION: This Agreement is effective as of the date of its
acceptance until expired or terminated according to the terms of
this Agreement. You may terminate this Agreement at any time
by destroying the Product, the Software and the Documentation
together with all copies and merged portions in any form. This
Agreement may be terminated immediately by Mio for any
reason, including but not limited to any failure to comply with
any term or condition of this Agreement. In such event, you
must destroy the Product, the Software and the Documentation
together with all copies and merged portions in any form. In
addition, this Agreement shall terminate immediately upon the
termination of the agreement between Mio and any third-party
from whom Mio licenses Software. All rights granted to you by
this Agreement shall cease upon termination including, but not
limited to, all licenses granted hereunder.
GOVERNING LAW: This Agreement shall be governed by the
laws of England.
LIMITED WARRANTY; LIMITED LIABILITY: All warranties and
limitations of liability applicable to the Product, the Software
and the Documentation are as stated on the limited warranty
provisions as provided by the limited warranty statement to this
Product or in the manual regarding the Product or Software
(“Limited Warranty”). Such warranties and limitations of liability
are entirely incorporated herein by this reference.
EXCEPT AS PROHIBITED BY LAW, MIO AND ITS SUPPLIERS
OR LICENSORS SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE
OR INCIDENTAL DAMAGES OF ANY KIND, OR LOSS
OF INFORMATION OR DATA, ARISING FROM OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF
THE PRODUCT, SOFTWARE AND DOCUMENTATION. THIS
LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.
SEVERABILITY: In the event any provision of this Agreement
is found to be invalid, illegal or unenforceable, the remaining
provisions shall be still valid, legal and enforceable without
being affected or impaired in any way and a valid, legal and
enforceable provision of similar intent and economic impact shall
be substituted therefore.
ENTIRE AGREEMENT: This Agreement sets forth the entire
understanding and agreement between you and Mio with respect
to the Product, the Software and the Documentation, and
supersedes all prior agreements and communications, whether
orally or written thereof.
