License Agreement
ThIS
EULA applies to you if you have made your purchase outside of the United States and Canada
This
End-User
License
Agreement
CEULA")
is
a legal
agreement
between
you and TomTom
International
BV
The
Netherlands
(TomTom) You
agree
that
this
EULA
IS
enforceable
like
any
written
negotiated
agreement
signed
by
you
This
EULA
applies
to
the
use
of
software.
pre-installed
software
on
any
of
our
hardware
devices
and
accompanying
Items,
including
on cd-rom. floppy disc.
memory
card.
download
package
or
any
other
data carriers. and all
contents
and
contents
programs
("Software')
Please
read thiS
EULA
carefully By uSing all or
any
ponlon
of
the
Software
you
accept
all the
terms
and
conditIOns
of
this
EULA
Breaking
the seal
of
a cd-rom. floppy
disc
or
memory
card. and
pressing
the
"I
agree" button for a
download
of
any
updates.
upgrades
or
supplements
is
considered
use
of
the
Software
If
you
do
not
agree
to the
terms
of this
EULA.
do
not
use
the
Software
and
promptly
return
the
unused
Software.
as well as the
hardware
and
accompanyIng
items
("Hardware·') to the
place
where
you
obtained
them
If you
have
already
paid
for
the
Software
and/or
Hardware
you
may
obtain a refund
of
the
purchase
pnce
provided
that
you
(a)
do
not
use
the
Software
and/or
Hardware.
and
(b)
forthwith
return the
Software
and/or
Hardware.
with
proof
of
payment,
to the
location
from
which
it
was
obtained
11
GRANT
OF
LICENSE:
Ttlis
EULAgrants
a
license
("License")
that
permits
you to
use
[he
Software,
provided
the
Software
is installed on
only
one
computer
or
Hardware
device
at
any
time and
provided
the
Software
IS
combined
with
only
one
naVigation system. This
License
IS
non-exclusive
and
non-transferable
This
License
does
not
grant
any
rights
to
obtaining
future
upgrades,
updates
or
supplements
of
the
Software
If
upgrades.
updates
or
supplements
of
the
Software
are obtained.
however,
the
use
of
such
upgrades
or
updates
IS
governed
by
this
EULA
and
the
amendments
that
may
accompany
them and
may
be
subject
to
additional
payments
and
conditions.
2)
COPYRIGHT:
Copyright
and
other
Intellectual.
Induslnal
and/or
proprietary
fights
10
the Software,
10
any
copies
that you
may
make
are
owned
by
TomTom
and/or
its
suppliers
TomTom
permits
you to
use
the
Software
only
In
accordance
With
the
terms
of
thiS
EULA.
All
rights
not
speCIfically
granted
in this
EULA
are
reserved
by
TomTom You
may
either
(a)
make
one
copy
of
the
Software
solely for backUp or archival
purposes.
or (b)
transfer
the
Software
to a single
medium
provided
you
keep
the
original solely
for
backup
or
archival
purposes
You
may
not
copy
the
product
manual(s)
or
written
materials
accompanYing
the Software,
except
for
own
use
You
only
become
the
owner
of
the
matenal
data
carrier
and
you
do
not
acqLJire
ownership
of
the
Software
3)
OTHER
RESTRICTIONS.
Renting, lending. pubhc
presentation,
performance
or broadcasting
or
any
other
kind
of
distribution
of
the
Software
and/or
the
Hardware
is
prohibited
Other
than as
permitted
by applIcable legislation. you will not. and you will not
allow
any
person
to.
modify
the
Software
and/or
the
Hardware
or
any
part thereof. to
analyze
it
by
means
of
reverse
engineering, to
decompile
or
disassemble
the
Software
and/or
the
Hardware.
or
to
make
products
derived
from
It
4)
CONFIDENTIALITY:
You
acknowledge
and
agree
that
the
Software
was
developed
at
considerable
ttme
and
expense
by
TomTom
and
is
confidential
to and a
trade
secret
of
TomTom
and/or
third partIes You
agree
to
maintain
the
Software
In
stnct
confidence
and
not
to
disclose
or
provide
access
thereto
to
any
person
51
THIRD
PARTY
SOFTWARE
LICENSES:
TomTom
products
may
make
use
of
thIrd
pany
software
Notwithstanding
clauses
2. 3 and 4,
use
of
some
third
party
materials
included
in
the
Software
may
be subject to
other
terms
and
conditions
The
offiCial
copyright
notices
and
speCIfic license
conditions
of
these third
party
software
codes
and
algorithms
are
to be
found
in
or
vIa
the
·Thlrd Party
Software
Llcenses'-folder
on the CD/SDiROM/HardDis,"" You
hereby
agree
to the
terms
and
conditions
for
such
third
party
software.
61
LIMITED
WARRANTY
a~
TomTom
does
not
and
cannot
warrant
that the
Software
and/or
Hardware
operate
error-free. You should be
particularly
aware
of
the fact
that
calculation
errors
may
occur
when
using
Software
and/or
Hardware
In
a
navigation
system
for
Instance
caused
by
local
environmental
conditions
and/or
Incomplete
data
bl
Except
for
the
Limited
Warranty
document
included
with
the
Hardware
('Limited
Warranty'·).
if
any, and to the
maximum
extent
permitted
by
applicable
law,
TomTom
and its
suppliers
proVide the
Hardware
and the
Software
"AS IS
AND
WITH
ALL
FAULTS" and
hereby
disclaim
all
other
warranties
and
conditions,
whether
express,
implied
or statutory. including,
but
not
limited to, any (if any)
implied
warranties,
duties
or
conditions
of
satisfactory
quality,
of
fitness for a
particular
purpose.
of
reliability
or
availability.
of
accuracy
or
completeness
of
responses.
of results of
workmanlike
effort
of
lack
of
viruses.
and
of
reasonable
care and skill. all
With
regard to
the
Software
and/or
the
Hardware.
and
the
provision
of
or
failure
to
provide
support
or
other
services.
information.
software, and
related
content
through
the
Software
and/or
the
Hardware
or
otherwise
arising
oUI
of
the
use
of
the
Software
and/or
the
Hardware,
Also,
there
is
no
warranty
or
condition of
quiet
enjoyment.
Quiet
possession.
or
non-infringement
with regard to the
Software
and/or
the
Hardware.
This
exclusion
does
not
apply
to (I)
any
Implied condition as to title and (il)
any
implied
warranty
as to
conformity
with
description
c)
Notwithstandmg
the
Warranty
Period deSCribed
In
the LImited Warranty, If
applicable,
should
you
breach
any
terrn(s)
of
this
EULA
the
Warranty
Penod
will
end
on the
date
of
such
breach
71
LIMITATION
OF
LIABILITY
8)
Neither
TornTorn nor its suppliers shall be hable to you
or
to
any
third party for
any
damages
either
direct, indirect. incidental,
consequential
or
otherwise
(including
in
each
case.
but
not
limited to.
damages
for the inability to
use
the
equipment
or
access
data,
loss
of
data.
loss
of
business.
loss
of
profits,
business
interruption
or
the
like)
arising
out
of
the
use
of
or
Inability to use
the
Software
and/or
Hardware
even
if TomTom
has
been
advised
of
the pOSSibility
of
such
damages
bf
NotWIthstanding
any
damages
that you
might
incur
for
any
reason
whatsoever
(including, Without limitation. all
damages
referenced
herein
and
all
direct
or
general
damages
in
contract
or
anything else).
the
entire
liability
of
TomTom and
any
of
its suppliers arising
from
or
related to thiS
EULA
shall be
limited
to the
amount
actually
paid
by
you
for
the
Software
and/or
the
Hardware
c) TomTom shall
not
be
liable for (i)
any
fraud
on the part
of
its
employees
and/or
agents: or (ii)
any
fraudulent
misrepresentation
on
the
part of its
employees
and/or
agents
d)
Notwlthstandmg
clauses
7(a). (b),
and
(c),
or
anything
else
contained
In
thIS
EULA.
nerther party·s liability for
death
or
personal
injury
resulting
from
Its
own
negligence
shall be
limited
8\
TERMINATION:
Without
prejudice
to
any
other
rights. TomTom
may
immediately
terminate
this
EULA
if
you fail to
comply
with
any
of its
terms
and
conditions,
In
such
event.
you
must
destroy
all
copies
of
the
Software
and all of Its
componenl
parts,
The
provisions
of thiS
Agreement.
wtllch
by
their
nature
are
intended
to survIve termination, will
remain
in
effect
after
termination
of thiS
EULA
Tom Tom
reserves
the right. with or Without notice. to
discontinue
update.
upgrade
and
supplement
services
provided
to you
or
made
available
to
you
through
the
use
of
the
Software
9}
LINKS
TO
THIRD
PARTY
SITES:
TomTom is
not
responSible for the
contents
of
i1ny
third-party
sites
or
services.
any
links
contained
In
third-party
sites
or
serVices,
or
any
changes
or
updates
to third-party sites
or
services, TomTom
IS
proVIding
these
links and
access
to
thlrd-pany
sites
and
services
to you
only
as a
convenience,
and
the
inclusion
of
any
link
or
access
does
not
imply
an
endorsement
by
TomTom
of
the third-party site or
service
10)
THIRD
PARTY
RIGHTS:
A party
which
is not a
party
to
thIS
EULA
has
no
rights
under
applicable
legislation
In
relation
\0
the
rights
of
third
parties
to
rely
upon
or
enforce
any
term
of
this
EULA
but
that
does
not
affect
any
right or
remedy
of
a third
party
which
exists
or is
available
apart
from
such
applicable
legIslation
11)
ENTIRE
AGREEMENT
This
EULA
(including
any
addendum
or
amendment
to
it
which
is
induded
with the accompanYIng
package
of
the
Software
and/or
Hardware),
plus the
lim-
Ited Warranty. If applicable.
and
any
other
terms
and
conditions.
if
applicable.
is the
entire
agreement
between
you
and
TomTom relating
to
the
Software
and/or
the
Hardware
and
the
support
services
(if
any)
and
they
supersede
all prior
or
contemporaneous
oral or
written
communications,
proposals
and
representations
with
respect
to the
Software
or
any
other
sub-
Ject
matter
covered
by this EULA, To
the
extent
that
the
terms
of
any
TomTom
policies
or
programs
for
support
services
(other
than the
Limited
Warranty)
conflict
WIth
the
terms
of
this
EULA
the
terms
of
thiS
EULA
shall
govern, If
any
provision
of
thiS
EULA
is
held
to
be
VOid.
invalid,
unenforceable
or
illegal. the
other
provisions
shall
continue
in full force and effect
12)
TRANSLATIONS:
The
English
version
of
thIS
EULA
IS
the
controlling
version.
Any
translations
are
provided
for
convenience
only
13)
GOVERNING
LAW: This
EULA
and
any
disputes
related to
thIS
EULAor
to
lhe
use
of
the
Software
and/or
Hardware
or
otherwise
are
subject
to
Dutch
law,
The
United
Nations
Convention
on
Contracts
for the International
Sales
of
Goods
is
hereby
excluded
from
application
to
this
EULA,
All
disputes
arising
out
of
this
EULA
shall be settled
by
the
courts
of
Amsterdam
(The
Netherlands).
whictl
WIll
have exclUSIVe IUrlsdlctlon
in
respect
of
any
such
disputes
Should
you
have
any
questions
concerning
this
EULA.
or
if you
desire
to
contact
TomTom for
any
reason,
please
Visit TomTom on
the
World
Wide
Web
at
hllp:l/www.tomtom.com
WWN.
tomtom.com
Pan
no
6AOO
893
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