Certification
6. LIMITED WARRANTY:
6.1 YOU ACKNOWLEDGE THAT THE TOMTOM SERVICES HAVE NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE TOMTOM SERVICES MEET YOUR REQUIREMENTS. TOM- TOM DOES NOT AND CANNOT WARRANT THAT THE TOMTOM SERVICES OPERATE UNINTERRUPTED OR ERROR-FREE. YOU SHOULD BE PARTICU- LARLY AWARE OF THE FACT THAT CALCULATION ERRORS MAY OCCUR WHEN USING SOFTWARE IN A NAVIGATION SYSTEM WHICH MAY, FOR EXAMPLE, BE CAUSED BY LOCAL ENVIRONMENTAL CONDITIONS AND / OR INCOMPLETE DATA. TOMTOM DOES NOT WARRANT THAT THE TOMTOM SERVICES ARE CAPABLE OF INTEROPERATING WITH ANY OTHER SYSTEM, DEVICE OR PROD- UCT( E. G. SOFTWARE OR HARDWARE).
6.2 WITHOUT LIMITING CLAUSE1 ABOVE, THE TOMTOM SERVICES, AND ANY RESULTS GENERATED BY THE SERVICES ARE PROVIDED ON AN“ AS IS” AND“ WITH ALL FAULTS BASIS” AND TOMTOM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATIS- FACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PUR- POSE.
6.3 THE PROVISIONS OF THIS CLAUSE DO NOT AFFECT ANY OF YOUR LEGAL RIGHTS UNDER APPLICABLE MANDATORY NATIONAL LEGISLATION, INCLUD- ING BUT NOT LIMITED TO ANY MANDATORY STATUTORY WARRANTIES. IF ANY PART OF THIS LIMITED WARRANTY IS HELD TO BE INVALID OR UNENFORCE- ABLE, THE REMAINDER OF THE LIMITED WARRANTY SHALL NONETHELESS REMAIN IN FULL FORCE AND EFFECT.
7. LIMITATION OF LIABILITY:
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TOMTOM NOR ITS SUPPLIERS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL( INCLUDING BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE OR ACCESS THE SERVICES, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROF- ITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF OR RELATED TO THE USE OF, THE INABILITY TO USE OR ACCESS, OR OTHERWISE THE PERFORMANCE OF THE SERVICES, EVEN IF TOMTOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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