308
LIMITATION OF LIABILITY
NEITHER TOMTOM NOR ITS
SUPPLIERS SHALL BE LIABLE TO
THE UNDERSIGNED FOR ANY
INCIDENTAL, CONSEQUENTIAL,
SPECIAL, INDIRECT OR
EXEMPLARY DAMAGES ARISING
OUT OF THIS AGREEMENT,
INCLUDING 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.
NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED
HEREIN, TOMTOM SHALL HAVE NO
MONETARY LIABILITY TO THE
UNDERSIGNED FOR ANY CAUSE
(REGARDLESS OF THE FORM OF
ACTION) UNDER OR RELATING TO
THIS AGREEMENT. WARNINGS
The DATABASE comprises facts and
information from government and other
sources reflecting circumstances in
existence before you received the
DATABASE, which ma y 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.
End Users shall acknowledge that the
use of the Licensed Products with a
non-TomTom map may result in
increased variance between the
location displayed on the map and
ground truth location.
The covenants and obligations
undertaken by the End User herein are
intended for the direct benefit of
TomTom and may be enforced by
TomTom directly against the End User.
