Product Warranty

HW Limited Warranty 2007 - 2 -
5) 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.
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.