1-316
this section,
NA
VTEQ does not warrant
nor make any representations
regarding
the use of results
of the use of the Database in terms of its correctness, accuracy
, reliability
, or otherwise. NA
VTEQ
does
not
warrant
that
the
Database
is
or
will
be
error
free.
No
oral
or
written information or advice provided by NA
VTEQ, your supplier or any other person shall create
a
warranty
or in any way increase
the scope of the limited
warranty
described
above.
The limited
warranty
set forth in this Agreement
does not af
fect or prejudice
any statutory
legal rights that you
may have under the legal warranty against hidden d
efects.
If you did not acquire
the Database
from NA
VTEQ directl
y,
you may have statutory
rights against
the person from whom you have acquired the Database in addition to the rights granted by
NA
VTEQ hereunder
according
to the law of your jurisdiction.
The above warranty
of NA
VTEQ shall
not af
fect such statutory
rights
and you may assert
such rights
in addition
to the warranty
rights
granted herein.
LIMIT
ATION OF LIABILIT
Y
The
price
of
the
Database
does
not
include
any
consideration
for
assumption
of
risk
of
consequential,
indirect
or unlimited
direct damages
which may arise in connection
with your use of
the Database.
Accordingl
y,
in no event shall NA
VTEQ be liable for any consequential
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
warrant
y,
even if NA
VTEQ has been advised
of the possibility
of such damages.
In any event
NA
VTEQ’
s liability for direct damages is limited to the p
rice of your copy of the Database
.
THE LIMITED
W
A
RRANTY
AND LIMIT
A
TION OF LIABILIT
Y
, SET
FOR
TH IN THIS AGREEMEN
T
,
DO
NOT
AFFECT
OR
PREJUDICE
YOUR
ST
A
T
UT
OR
Y
RIGHTS
WHERE
YOU
HA
VE
ACQUIRED THE D
A
T
ABASE OTHE
R
WISE THAN IN THE COURSE OF
A
BUSINESS
.
W
ARNING
S
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 omissions.
Accordingl
y,
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 Database
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
traf
fic
conditions;
special
events;
traf
fic
congestion; or travel time.
GOVERNING L
A
W
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
jurisdictio
n
withi
n
the
Europea
n
Union
or
Switzerlan
d
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 dispute
arising
out of, or relating
to this Agreement,
without
prejudice
to NA
VTEQ’
s right to bring claims
at
your then current place of residence.
BK-MMCSE12007EN_Combi01_ENG_NLD.book Page 316 Thursday, November 16, 2006 4:13 PM
