License Agreement - TomTom GO 730 User Manual

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 Tom Tom and/or its suppliers
Tom Tom 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
Tom Tom 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 Tom Tom 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 Tom Tom 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