MAP AND SYSTEM INFORMATION
57
LIMITED WARRANTY
HERE warrants that, subject to the warnings set
out below, for a period of 12 months after
acquisition of your copy of the Database, it will
perform substantially in accordance with HERE’s
Criteria for Accuracy and Completeness existing
on the date you acquired the Database; these
criteria are available from HERE at your request.
If the Database does not perform in accordance
with this limited warranty, HERE will use
reasonable efforts to repair or replace your non-
conforming copy of the Database. If these efforts
do not lead to performance of the Database in
accordance with the warranties set out herein,
you will have the option to either receive a
reasonable refund of the price you paid for the
Database or to rescind this Agreement. This shall
be HERE’s entire liability and your sole remedy
against HERE. Except as expressly provided in
this section, HERE does not warrant nor make
any representations regarding the use of results
of the use of the Database in terms of its
correctness, accuracy, reliability, or otherwise.
HERE does not warrant that the Database is or
will be error free. No oral or written information or
advice provided by HERE, 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 HERE
directly, you may have statutory rights against the
person from whom you have acquired the
Database in addition to the rights granted by
HERE hereunder according to the law of your
jurisdiction. The above warranty of HERE 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 HERE 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 HERE has been
advised of the possibility of such damages. In any
event HERE’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 - travel time
and may not include neighborhood safety; law
enforcement; emergency assistance;
construction work; road or lane closures; road
slope or grade; bridge height, weight or other
limits; road conditions; special events depending
on the navigation system brand you possess.
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 HERE’ right to
bring claims at your then current place of
residence.
