use of some third
party materials included in the Software may be subject to other terms and
conditions. The official copyright notices and specific license conditions of
these third party software codes and algorithms are to be found via
. You hereby agree to the terms and conditions for such
third party software. 6) LIMITED WARRANTY: a) TomTom does not and cannot warrant
that the Software operate error-free. You should be particularly aware of the
fact that calculation errors may occur when using Software for instance caused
by local environmental conditions and/or incomplete data. b) TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, TOMTOM AND ITS SUPPLIERS PROVIDE THE
SOFTWARE "AS IS AND WITH ALL FAULTS", AND HEREBY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF:
MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR
AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE
EFFORT, LACK OF VIRUSES, AND REASONABLE CARE AND SKILL, ALL WITH REGARD TO THE
SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,
INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE
ARISING OUT OF THE USE OF THE SOFTWARE. This exclusion does not apply to (i) any
implied condition as to title and (ii) any implied warranty as to conformity
with description. If applicable law requires any implied warranties with respect
to the Software, all such warranties are limited in duration to ninety (90)
days. Some states and/or jurisdictions do not allow limitations on how long an
implied warranty lasts, so the above may not apply to you. c) This Limited
Warranty is the only express warranty made to you and is provided in lieu of any
other express warranties or similar obligations (if any) created by any
advertising documentation, packaging, or other communications. 7) LIMITATION OF
LIABILITY: a) NEITHER TOMTOM NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY
DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY
TO USE ANY THIRD PARTY EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS,
LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE
[tomtomagreementctrversio042.jpg]
- 3 - SOFTWARE EVEN IF TOMTOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. b) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL
DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF
TOMTOM AND ANY OF ITS SUPPLIERS ARISING FROM OR RELATED TO THIS EULA, SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. c) Notwithstanding
clauses 7(a) and (b), or anything else contained in this EULA, neither party's
liability for death or personal injury resulting from its own negligence shall
be limited. d) Some