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YOUR LEGAL RIGHTS
4) Some countries may not allow the exclusion or limitation of damages. 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.
5) This Limited Warranty is the only express warranty made to you and is
provided in lieu of any other express warranties or similar obligations (if any)
created by any advertising, documentation, packaging, or other
communications.
6) Except for the Limited Warranty and to the maximum extent permitted by
applicable law, TomTom and its suppliers provide the Hardware “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 Hardware, and the provision of
or failure to provide support or other services, information, software, and
related content through the Hardware or otherwise arising out of the use of the
Hardware. Also, there is no warranty or condition of quiet enjoyment, quiet
possession, or non-infringement with regard to the Hardware. This exclusion
does not apply to (i) any implied condition as to title and (ii) any implied
warranty as to conformity with description.
7) This Limited Warranty does not affect any legal rights under applicable
national legislation governing the sale of consumer goods.
8) This Limited Warranty cannot be transferred to any other person.
LIMITATION OF LIABILITY
9) 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
Hardware even if TomTom has been advised of the possibility of such
damages.
10) 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 shall be limited to the amount actually paid
by you for the Hardware.
11) 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.
12) Notwithstanding the above, neither party’s liability for death or personal
injury resulting from its own negligence shall be limited.
