3
be indicated in the end user license agreement of the product that was developed using the SOFTWARE
together with a statement that the software can only be used in combination with a valid TomTom
Navigator license.
4) OTHER RESTRICTIONS: Unauthorised hiring, lending, public performance and broadcasting is
prohibited, but you may transfer your rights under this TomTom License Agreement on a permanent basis
provided you transfer all copies of the SOFTWARE and all written materials and the recipient agrees to the
terms of this License. You are not permitted to fully or partly modify the SOFTWARE, to analyse it by
means of reverse−engineering, to decompile or disassemble the SOFTWARE, or to make products derived
from it. You are explicitly prohibited from downloading the digital maps and programs contained in the
SOFTWARE or from transferring these to another data carrier or computer.
1.4.3. MANUFACTURER’S WARRANTY AND LIMITATION OF LIABILITY
1) Please read the instructions supplied with the software before you use it. If you have any difficulty
using the software, consult the instructions to check you are using it correctly. The use of the SOFTWARE
in a navigation system means that calculation errors can occur, caused by local environmental conditions
and/or incomplete data.
2) For the above mentioned reasons TomTom can not warrant that the SOFTWARE and data carrier
operates error−free. During a period of three months after the date of purchase TomTom or its dealer will
replace the defective software. This warranty covers the prompt replacement of the data carrier only. Where
the error is the result of misuse, unusual external effects, accidental damage, normal wear and tear,
unauthorised repair, or any other cause TomTom cannot be blamed for, TomTom or the relevant dealer (as
appropriate) may charge you for the repair or the replacement.
3) For any claim arising out of TomTom’s limited warranty, or for any other claim whatsoever related
to the subject matter of these terms, TomTom’s liability for actual damages, regardless of the form of
action, shall be limited to the greater of $ 5.000 or the money paid to TomTom or its dealer for the license
of the software that caused the damages. The limitation will not apply to claims of personal injury or
damages to tangible personal property caused by TomTom’s willful intent or gross negligence.
4) In no event will TomTom be liable for any loss of data, lost profits, lost savings, or any incidental
damages or other consequential damages, even if TomTom or its dealers have been advised of the
possibility of such damages, or for any claim by you based on a third party claim.
5) TomTom makes no warranty or representation that its software products will work in combination
with any hardware or software products provided by third parties.
6) TomTom does not accept responsibility if the SOFTWARE does not function at all, does not function
completely or does not function fully, if and for as far as this results from, or is caused by, using the
SOFTWARE in combination with the hardware, the operating system or any other external aid, whether
this aid is of a technical or any other nature.
7) IMPORTANT: TOMTOM BV AND ITS SUPPLIERS DISCLAIM ALL LIABILITY FOR ANY
USE OF THIS PRODUCT IN A WAY THAT MAY CAUSE ACCIDENTS, DAMAGE OR THAT MAY
VIOLATE THE LAW.
1.5. Technical Support
For technical support please refer to www.tomtom.com. There you will find the latest versions and
documentation of the SDK, Questions & Answers, tips & tricks, add−ons and tools.
1. Installation and Getting Started