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.
