Disclaimer
The following information and installation instructions are provided without warranty of any kind. VUNKED is not liable for damage caused by installation or conversion, nor for any consequential damage or loss of warranty due to improper handling. The user/customer is responsible for the proper use of the product(s) purchased.
VUNKED grants to you a non-transferable, non-exclusive license to use the related documentation solely for your own personal use or for internal use by your business, only on VUNKED products. You shall not copy, reverse engineer, translate, port, modify or make derivative works of the documentation. You shall not loan, rent, disclose, publish, sell, assign, lease, sublicense, market or otherwise transfer the documentation or use it in any manner not expressly authorised by VUNKED.
Except as otherwise contained herein, the products and related documentation are provided to you, “as is”. In no event shall VUNKED be liable for any damages, claim or loss incurred by you (including without limitation, compensatory, incidental, indirect, special, consequential, or exemplary damages, lost profits, lost sales or business expenditures, investments, or commitments in connection with any business, loss of any goodwill, or damages. The term ‘incidental damages’ refers to the expenses of transporting the products to you, loss of the end-users [original purchaser’s] time, loss of the
Use of the product, bus fares, car rentals or other costs related to the care and custody of the product. The term ‘consequential damages’ refers to the cost of repairing or replacing other property, which is damaged when this product does not work properly, resulting from the use or inability to use the products, including any damages incurred due to the negligent operation of a motor vehicle, in conjunction with the use of said products. The end-user acknowledges its responsibility for the use of the product.
VUNKED disclaims any liability related to such theft and potential damage to property. It is the end user’s responsibility to protect its own property. The end-user further acknowledges that the operation of a motor vehicle is an inherently dangerous activity, and by its use of VUNKED’s products, acknowledges that the products are remotely related to said motor vehicle operation, and thus any damages caused to the driver of the vehicle, the vehicle itself or any third-party and its property is not the responsibility of VUNKED, its agents or its principals and is the sole responsibility of the driver of said vehicle.
You, the end-user, or any other driver of the vehicle, is solely responsible for the safe operation of the Vehicle and the safety of both you and the passengers. For safety purposes, the product should not be used for the driver’s entertainment, while the vehicle is being driven. Such use could be a distraction to the driver, which could cause an accident leading to serious injury or death. If you, the end-user allows another person to use the vehicle, it is your responsibility to thoroughly brief that other user, on the safety requirements for operating the vehicle and the products installed therein.
This limitation applies to all causes of action in the aggregate, including without limitation: breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. If VUNKED’s warranty disclaimer or limitation of liability set forth shall, or for any reason whatsoever, be held unenforceable or inapplicable, you and any other end user agree that VUNKED’s liability shall not exceed (70%) of the price paid for the enclosed VUNKED product.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This disclaimer and limitation of liability shall not be applicable to the extent, which cannot be pre-empted, prohibits any provision of this warranty. Any use of the products where it is illegal to do so, may be used against you as evidence of negligence in the event of an auto accident or other traffic infraction.