User's Manual

Table Of Contents
259
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 AGREE-MENT, 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.