569
MAX983HD
accuracy, reliability, or otherwise. NAVTEQ does not warrant that the Database is or will be error free.
No oral or written information or advice provided by NAVTEQ, 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 NAVTEQ directly, you may have statutory rights against the
person from whom you have acquired the Database in addition to the rights granted by NAVTEQ
hereunder according to the law of your jurisdiction. The above warranty of NAVTEQ 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 NAVTEQ 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 NAVTEQ has
been advised of the possibility of such damages. In any event NAVTEQ’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 NAVTEQ’ right to bring claims at your then current place of
residence.