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5) 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.
6) 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 satisfactory quality, of fitness for a particular
purpose, of reliability or availability, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of 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. Also, there is no
warranty or condition of quiet enjoyment, quiet possession, or non-infringement
with regard to 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.
7) This Limited Warranty does not affect any legal rights under applicable national
legislation governing the sale of consumer goods.
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 damages either direct, indirect, incidental, consequential or otherwise
(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) TomTom shall not be liable for (i) any fraud on the part of its employees and/
or agents; or (ii) any fraudulent misrepresentation on the part of its employees
and/or agents.
12) Notwithstanding the above, neither party’s liability for death or personal injury
resulting from its own negligence shall be limited.
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