93
-EN
AUTOMOTIVE PRODUCTS END USER LICENSE
PROVISIONS (X902D/X802D-U/INE-W710D only)
The following terms and conditions apply to any use by you of any
services provided by TomTom (the “
TomTom Services
”). The services
are deemed to be provided by TomTom Global Content BV. You
should not use the TomTom Services if you cannot agree to the
below.
1.
GRANT OF LICENSE
: The TomTom Services are provided to you on
a non-exclusive basis and you may only use the TomTom Services
for your personal use and solely in combination with the hardware
device which is incorporated into your vehicle. The license granted
is non-transferable. If any software is provided as part of the
TomTom services the you are only entitled to use the binary form
of such software and have no right to receive the source code. If
upgrades, updates or supplements to the TomTom Services are
obtained or made available to you, the use of such upgrades,
updates or supplements are subject to the foregoing unless other
terms accompany such upgrades, updates or supplements in
which case those terms apply. All other rights not specifically
granted under this paragraph are reserved by TomTom.
2.
SAFETY
: The TomTom Services are intended to be used for
providing information and navigation services related to your
journey only and are not intended to be used as a safety related
tool and cannot warn you about all dangers and hazards with
respect to the road you are driving. Therefore, it remains your duty
to drive in a careful and safe manner (paying all due care and
attention to the road) as well as observing all applicable traffic
regulations and rules. It is your responsibility not to use the
TomTom Services in a manner that would distract you from driving
safely.
3.
UPDATES AND CHANGES TO THE SERVICES AND THESE TERMS
:
TomTom reserves the right, with or without notice, to discontinue,
update, modify, upgrade and supplement the TomTom Services
and to modify these terms.
4.
RESTRICTIONS
: You are prohibited from renting, lending, public
presentation, performance or broadcasting or any other kind of
distribution of the TomTom Services. Other than as permitted by
applicable legislation, you will not, and you will not allow any
person to, copy or modify the TomTom Services or any part thereof
or to reverse engineer, decompile or disassemble the TomTom
Services. You may not use the Services in connection with any
illegal, fraudulent, dishonest or unethical activity or behaviour.
5.
OWNERSHIP
: All intellectual property rights related to the
TomTom Services are owned by TomTom and/or its suppliers.
6.
LIMITED WARRANTY
:
6.1. YOU ACKNOWLEDGE THAT THE TOMTOM SERVICES HAVE NOT
BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS
AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE
THAT THE FACILITIES AND FUNCTIONS OF THE TOMTOM
SERVICES MEET YOUR REQUIREMENTS. TOMTOM DOES NOT
AND CANNOT WARRANT THAT THE TOMTOM ERVICES
OPERATE UNINTERRUPTED OR ERROR-FREE. YOU SHOULD BE
PARTICULARLY AWARE OF THE FACT THAT CALCULATION
ERRORS MAY OCCUR WHEN USING SOFTWARE IN A
NAVIGATION SYSTEM WHICH MAY, FOR EXAMPLE, BE CAUSED
BY LOCAL ENVIRONMENTAL CONDITIONS AND/OR
INCOMPLETE DATA. TOMTOM DOES NOT WARRANT THAT THE
TOMTOM SERVICES ARE CAPABLE OF INTEROPERATING WITH
ANY OTHER SYSTEM, DEVICE OR PRODUCT (E.G. SOFTWARE OR
HARDWARE).
6.2. WITHOUT LIMITING CLAUSE 6.1 ABOVE, THE TOMTOM
SERVICES, AND ANY RESULTS GENERATED BY THE SERVICES
ARE PROVIDED ON AN “AS IS” AND WITH ALL FAULTS BASIS”
AND TOMTOM EXPRESSLY DISCLAIMS ALL OTHER
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.
6.3. THE PROVISIONS OF THIS CLAUSE DO NOT AFFECT ANY OF
YOUR LEGAL RIGHTS UNDER APPLICABLE MANDATORY
NATIONAL LEGISLATION, INCLUDING BUT NOT LIMITED TO
ANY MANDATORY STATUTORY WARRANTIES. IF ANY PART OF
THIS LIMITED WARRANTY IS HELD TO BE INVALID OR
UNENFORCEABLE, THE REMAINDER OF THE LIMITED
WARRANTY SHALL NONETHELESS REMAIN IN FULL FORCE
AND EFFECT.
7.
LIMITATION OF LIABILITY
:
7.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NEITHER TOMTOM NOR ITS SUPPLIERS, OFFICERS, DIRECTORS
OR EMPLOYEES SHALL BE LIABLE TO YOU OR TO ANY THIRD
PARTY FOR ANY DAMAGES, WHETHER DIRECT, SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL (INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE OR
ACCESS THE SERVICES, LOSS OF DATA, LOSS OF BUSINESS,
LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE)
ARISING OUT OF OR RELATED TO THE USE OF, THE INABILITY
TO USE OR ACCESS, OR OTHERWISE THE PERFORMANCE OF
THE SERVICES, EVEN IF TOMTOM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7.2. TO THE EXTENT TOMTOM IS NOT PERMITTED UNDER
APPLICABLE LAW TO EXCLUDE ITS LIABILITY PURSUANT TO
CLAUSE 7.1 ABOVE, TOMTOM’S TOTAL AGGREGATE LIABILITY
TO YOU SHALL BE LIMITED TO THE AMOUNT OF US $100.00.
7.3. THE ABOVE LIMITATIONS OF LIABILITY UNDER THIS CLAUSE 7
DO NOT: (I) AFFECT YOUR RIGHTS UNDER ANY APPLICABLE
MANDATORY NATIONAL LEGISLATION; (II) EXCLUDE OR LIMIT
ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
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