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End-User License Agreement
c) Notwithstanding the Warranty Period described in the
Limited Warranty, if applicable, should you breach any term(s)
of this EULA the Warranty Period will end on the date of such
breach.
7) LIMITATION OF LIABILITY:
a) Neither TomTom nor its suppliers shall be liable 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.
b) 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) Notwithstanding clauses 7(a), (b), and (c), or anything else
contained in this EULA, neither 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
component parts. The provisions of this Agreement, which by
their nature are intended to survive termination, will remain in
effect after termination of this EULA. TomTom 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 any 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 third-party 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 thirdparty
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 to
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 included with the
accompanying package of the Software and/or Hardware),
plus the Limited 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 subject 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 EULA or to the 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), which will have exclusive
jurisdiction 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 www.tomtom.com
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