81
LIMITED WARRANTY
HERE warrants that, subject to the warnings set out below, for a
period of 12 months after acquisition of your copy of the Database, it
will perform substantially in accordance with HERE’s Criteria for
Accuracy and Completeness existing on the date you acquired the
Database; these criteria are available from HERE at your request. If the
Database does not perform in accordance with this limited warranty,
HERE will use reasonable efforts to repair or replace your non-
conforming copy of the Database. If these efforts do not lead to
performance of the Database in accordance with the warranties set
out herein, you will have the option to either receive a reasonable
refund of the price you paid for the Database or to rescind this
Agreement. This shall be HERE’s entire liability and your sole remedy
against HERE. Except as expressly provided in this section, HERE 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. HERE does not warrant that the Database is or
will be error free. No oral or written information or advice provided by
HERE, 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 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 HERE directly, you may have
statutory rights against the person from whom you have acquired the
Database in addition to the rights granted by HERE hereunder
according to the law of your jurisdiction. The above warranty of HERE
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 consequential, indirect or unlimited direct
damages which may arise in connection with your use of the
Database. Accordingly, in no event shall HERE 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 warranty, even if HERE has been advised of the possibility
of such damages. In any event HERE’s 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 AGREEMENT, 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 may contain inaccurate or incomplete information due
to the passage of time, changing circumstances, sources used and the
nature of collecting comprehensive geographic data, any of which
may lead to incorrect results. 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 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 dispute arising out of, or
relating to this Agreement, without prejudice to HERE’s right to bring
claims at your then current place of residence.
Содержание INE-F409E
Страница 2: ......
