APPENDIX
328
DISCLAIMER OF WARRANTY
THE LICENSED PRODUCTS ARE
PROVIDED ON AN “AS IS” AND
“WITH ALL FAULTS BASIS” AND
TOMTOM AND ITS SUPPLIERS
EXPRESSLY DISCLAIM ALL
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
TOMTOM OR ANY OF ITS AGENTS,
EMPLOYEES OR THIRD PARTY
PROVIDERS SHALL CREATE A
WARRANTY, AND LICENSEE IS NOT
ENTITLED TO RELY ON ANY SUCH
ADVICE OR INFORMATION. THIS
DISCLAIMER OF WARRANTIES IS
AN ESSENTIAL CONDITION OF THE
AGREEMENT.
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 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.
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.
APPENDIX
334
Disclaimer of Liability: DENSO SHALL
NOT BE LIABLE TO YOU FOR ANY
CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF ITS NATURE,
ALLEGING ANY LOSS, INJURY OR
DAMAGES, WHETHER DIRECT,
INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES,
INCLUDING ANY LOSS OF PROFIT,
REVENUE OR CONTRACTS
ARISING OUT OF YOUR
POSSESSION, USE OF OR
INABILITY TO USE THIS
INFORMATION, ANY DEFECT IN
THE INFORMATION, OR THE
BREACH OF THESE TERMS OR
CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT
OR BASED ON A WARRANTY, EVEN
IF DENSO OR ITS LICENSORS
HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Some states, territories and countries
do not allow certain liability exclusions
or damages limitations, so to that
extent the above may not apply to you.
Indemnity. You agree to indemnify,
defend and hold DENSO and its
licensors (including their respective
licensors, suppliers, assignees,
subsidiaries, af filiated companies, and
the respective officers, directors,
employees, shareholders, agents and
representatives of each of them) free
and harmless from and against any
liability, loss, injury (including injuries
resulting in death), demand, action,
cost, expense, or claim of any kind or
character, including but not limited to
attorney’s fees, arising out of or in
connection with any use or possession
by you of this information.END USER NOTICE
The marks of companies displayed by
this product to indicate business
locations are the marks of their
respective owners. The use of such
marks in this product does not imply any
sponsorship, approval, or endorsement
by such companies of this product.
End User’s use of the Brand Icon
Licensed Product and any portion
thereof, is limited to use solely for the
purpose of enhancing the value and/or
use of the spatial vector data furnished
or made by TomTom. Notwithstanding
anything to the contrary herein, or in
any attachment or exhibit hereto, in no
event shall End User use the Brand
Icon Licensed Product or any portion
thereof in connection with or in
conjunction with spatial street vector
data furnished or made by a party other
than TomTom. End User may only use
the icons, brand names, logos,
trademarks or other features within
(and not separate from) the map data
in any collateral, marketing and
product packaging. In addition, End
shall not modify or alter the color,
shape, size, and orientation of the
Brand Icon Licensed Product as
provided to End User without
TomTom’s prior written approval.
Licensee agrees that the use of Brand
Icon Licensed Product subject to the
terms and conditions set forth in this
Agreement and that there may be
additional third party terms, conditions
and restrictions to which the use of the
Brand Icon Licensed Product will be
subject provided to the End User from
time to time by TomTom in the Release
Notes applicable to the Licensed
Products.
APPENDIX
335
There are two types of areas available
for route guidance. In one type of area,
primarily around metropolitan centers,
detailed route guidance is available for
the entire area. In the other type of area,
all roads are displayed on the map but
route guidance is limited. The naviga-
tion route might lack precision because
the data (no right turns, one way traf-
fic, etc.) is not complete. It is still pos-
sible to reach the destination by follow-
ing the arrow direction and distance as
shown on the bottom left of the screen.
The arrow points in the direction of the
destination. The distance shown is as
measured in a straight line from the cur-
rent vehicle position to the destination
area.
In order to provide you with as accurate
map information as possible, we are al-
ways gathering information such as on
road repairs and carrying out on−site in-
vestigations. However, the names of
roads, streets, facilities, and their locations
frequently change. In some places,
construction on roads may be in progress.
For that reason, information on some
areas in this system might be dif ferent from
the actual location.
The map database is normally updated
once a year. Contact your Toyota dealer
for information about the availability and
pricing of an update.
1. Push the “INFO/PHONE” button.
2. Touch “Map Data”.
3. Touch “ DVD”.
— Changing the map
DVD ROM