disclose them in full or in part to the public in any format or to download them from the
Navigation Product.
8. No warranty, limitation of liability
8.1 The Licensor hereby informs the User that although the greatest care was taken in
producing the Navigation Product, given the nature of the Navigation Product and its technical
limitations, the Licensor and its suppliers do not provide a warranty for the Navigation Product
being completely error-free, and they are not bound by any obligation whereby the Navigation
Product obtained by the User should be completely error-free.
8.2 THE LICENSED NAVIGATION PRODUCT, INCLUDING ANY OF THE DATABASES, OR
SERVICES FORMING PART THEREOF ARE PROVIDED O
N AN “AS IS” AND “WITH ALL
FAULTS BASIS” (INCLUDING NO WARRANTY FOR THE CORRECTION OF FAULTS) AND
LICENSOR, THE DATABASE OWNERS, THE SOFTWARE OWNER, THE SERVICE
PROVIDERS
AND
THIRD
PARTY
SUPPLIERS
EXPRESSLY
DISCLAIM
ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES
OF
NON-INFRINGEMENT,
MERCHANTABILITY,
SATISFACTORY
QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL
OR WRITTEN ADVICE OR INFORMATION PROVIDED BY LICENSOR OR ANY OF ITS
AGENTS, SUPPLIERS, EMPLOYEES, THIRD PARTY PROVIDERS, THE SOFTWARE
OWNER OR THE DATABASE OWNERS AND SERVICE PROVIDERS SHALL CREATE A
WARRANTY, AND USER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR
INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF
THE AGREEMENT.
Licensor does not warrant that the Navigation Product is capable of interoperating with any
system, device or product.
8.3 The Licensor does not assume any responsibility for damages incurred due to an error in
the Navigation Product.
8.4 The Licensor does not assume any responsibility for damages incurred due to the
Navigation Product not being applicable for any defined purpose, or due to the error or
incompatibility of the Navigation Product with any other system, device or product.
8.5 NEITHER LICENSOR NOR ITS SUPPLIERS SHALL BE LIABLE TO USER FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES
ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF
COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF
WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THIRD
PARTY SUPPLIERS (E.G. DATABASE OWNERS, MAP PROVIDERS, SERVICE
PROVIDERS, THE SOFTWARE OWNER) OR AGENTS OF LICENSOR SHALL HAVE NO
MONETARY LIABILITY TO THE USER FOR ANY CAUSE (REGARDLESS OF THE FORM
OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES FROM LICENSOR OR ANY OF
ITS SUPPLIERS, YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT
THAT YOU PAID FOR THE NAVIGATION PRODUCT (OR UP TO 10 USD IF THE AMOUNT
IS NOT CALCULABLE OR IF YOU ACQUIRED THE NAVIGATION PRODUCT FOR NO
CHARGE). THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT APPLY
EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE NAVIGATION PRODUCT
DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR IF THE LICENSOR OR
ITS SUPPLIERS KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE
DAMAGES.
8.6 The Licensor also draws the attention of the User to the fact that, when using the
Navigation Product in any form of vehicle, observing the traffic regulations and rules (e.g. use
of obligatory and/or reasonable and suitable security measures, proper and generally
expected care and attention in the given situation, and special care and attention required due
to the use of the Navigation Product) is the exclusive responsibility of the User. The Licensor
shall not assume any responsibility for any damages occurred in relation to use of the
Navigation Product in any vehicle.
