Operation Manual

4
ited warranty described above. The limited
warranty set forth in this EULA does not affect or
prejudice any statutory legal rights that you may
have under the legal warranty against hidden
defects.
If you did not acquire the Database from Naviga-
tion Technologies directly, you may have statu-
tory rights against the person from whom you
have acquired the Database in addition to the
rights granted by Navigation Technologies here-
under according to the law of your jurisdiction.
The above warranty of Navigation Technologies
shall not affect such statutory rights and you may
assert such rights in addition to the warranty
rights granted herein.
LIMITATION OF LIABILITY
The price of the Database does not include any
consideration for assumption of risk of conse-
quential, indirect or unlimited direct damages
which may arise in connection with your use of
the Database. Accordingly, in no event shall Nav-
igation Technologies be liable for any consequen-
tial or indirect damages, including without
limitation, loss of revenue, data, or use, incurred
by you or any third party arising out of your use of
the Database, whether in an action in contract or
tort or based on a warranty, even if Navigation
Technologies has been advised of the possibility
of such damages. In any event Navigation Tech-
nologies’ liability for direct damages is limited to
the price of your copy of the Database.
THE LIMITED WARRANTY AND LIMITATION OF
LIABILITY, SET FORTH IN THIS EULA, DO NOT
AFFECT OR PREJUDICE YOUR STATUTORY
RIGHTS WHERE YOU HAVE ACQUIRED THE
DATABASE OTHERWISE THAN IN THE COURSE
OF A BUSINESS.
WARNINGS
The Database reflects reality as existing before
you received the Database and it comprises data
and information from government and other
sources, which may contain errors and omis-
sions. Accordingly, the Database may contain
inaccurate or incomplete information due to the
passage of time, changing circumstances, and
due to the nature of the sources used. The Data-
base does not include or reflect information on -
inter alia - neighborhood safety; law enforcement;
emergency assistance; construction work; road
or lane closures; vehicle or speed restrictions;
road slope or grade; bridge height, weight or
other limits; road or traffic conditions; special
events; traffic congestion; or travel time.
GOVERNING LAW
This Agreement shall be governed by the laws of
the jurisdiction, in which you reside at the date of
acquisition of the Database. Should you at that
moment reside outside the European Union or
Switzerland, the law of the jurisdiction within the
European Union or Switzerland where you
acquired the Database shall apply. In all other
cases, or if the jurisdiction where you acquired
the Database cannot be defined, the laws of the
Netherlands shall apply. The courts competent at
your place of residence at the time you acquired
the Database shall have jurisdiction over any dis-
pute arising out of, or relating to this Agreement,
without prejudice to Navigation Technologies’
right to bring claims at your then current place of
residence.
UNITED STATES GOVERNMENT END
USERS
If the NAVTECH Data is being acquired by or on
behalf of the United States government or any
other entity seeking or applying rights similar to
those customarily claimed by the United States
government, (i) for acquisitions conducted by the
Department of Defense, the NAVTECH Data is
licensed with “Limited Rights” in accordance
with the rights set forth at DFARS 252.227-
7013(b)(3), T
ECHNICAL
D
ATA
-N
ONCOMMERCIAL
I
TEMS
, and NAVTECH Data delivered or otherwise
furnished with “Limited Rights” shall be marked
with the following “Limited Rights Notice” set
forth at DFARS 252.227-7013(f)(3), and shall be
treated in accordance with such Notice:
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