333
PRIUS_Navi_OM47A72U_(U)
14.06.12 17:19
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, SPE CIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS
AGREEMENT, INCLUDING LOST PROFITS OR CO STS 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 ANYTHI NG TO THE CONTRARY CONTAINED HEREIN, TOMTOM SHALL HAVE NO
MONETARY LIABILITY TO THE UNDERSIGNED FO R 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 us ed. 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 Li censed 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.
U.S. GOVERNMENT RIGHTS
U.S. GOVERNMENT RIGHTS. If End User is an agency, department, or other entity of the United States
Government, or funded in whole or in part by the United States Government, then use, duplication, reproduction,
release, modification, disclosure or transfer of this commercial product and accompanying documentation, is
restricted in accordance with the LIMITED or RESTRICTED rights as described in any applicable DFARS or FAR.
In case of conflict between any of the FAR and/or DFARS that may apply to the Licensed Product, the construction
that provides greater limitations on the Government’s rights shall control. Contractor/manufacturer is TomTom
North America, Inc., 11 Lafayette Street, Lebanon, NH 03766-1445. Phone: 603.643. 0330. The Licensed
Products are © 2006-Present by TomTom. ALL RIGHTS RESERVED. For purpose of any public disclosure
provision under any federal, state or local law, it is agreed that the Licensed Products are a trade secret and a
proprietary commercial product and not subject to disclosure.
