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6) 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.
7) 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: merchantability, non-
infringement, quiet enjoyment, system integration, satisfactory quality, fitness
for a particular purpose, reliability or availability, accuracy or completeness of
responses, results, workmanlike effort, lack of viruses, and 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. This
exclusion does not apply to (i) any implied condition as to title and (ii) any
implied warranty as to conformity with description. If applicable law requires
any implied warranties with respect to the Hardware, all such warranties are
limited in duration to ninety (90) days. Some states and/or jurisdictions do not
allow limitations on how long an implied warranty lasts, so the above may not
apply to you.
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 indirect, incidental, consequential, special or exemplary damages
(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) Notwithstanding the above, neither party's liability for death or personal
injury resulting from its own negligence shall be limited.
12) Some states and/or jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitations or exclusions
may not apply to you.
