261
OM12J57FI
If you did not acquire the Database from
NAVTEQ directly, you may have statuto-
ry rights against the person from whom
you have acquired the Database in addi-
tion to the rights granted by NAVTEQ
hereunder according to the law of your
jurisdiction. The above warranty of NAV-
TEQ shall not affect such statutory rights
and you may assert such rights in additi-
on to the warranty rights granted herein.
LIMITATION OF LIABILITY
The price of the Database does not in-
clude any consideration for assumption
of risk of consequential, indirect or unli-
mited direct damages which may arise in
connection with your use of the Databa-
se. Accordingly, in no event shall NAV-
TEQ be liable for any consequential or
indirect damages, including without limi-
tation, loss of reven ue, data, or use, in-
curred 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 liabi-
lity for direct damages is limited to the
price of your copy of the Database.
THE LIMITED WARRANTY AND LIMI-
TATION OF LIABILITY, SET FORTH IN
THIS AGREE-MENT, DO NOT AFFECT
OR PREJUDICE YOUR STATUTORY
RIGHTS WHERE YOU HAVE ACQUI-
RED THE DATABASE OTHERWISE
THAN IN THE COURSE OF A BUSI-
NESS.WARNINGS
The Database may contain inaccurate or
incomplete information due to the passa-
ge of time, changing circumstances,
sources used and the nature of collec-
ting comprehensive geographic data,
any of which may lead to incorrect re-
sults. The Database does not include or
reflect information on - inter alia - neigh-
borhood safety; law enforcement; emer-
gency 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; sp ecial 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 Switzer-
land where you acquired the Database
shall apply. In all other cases, or if the ju-
risdiction where you acquired the Data-
base cannot be defined, the laws of the
Netherlands shall apply. The courts
competent at your pl ace of residence at
the time you acquired the Database shall
have jurisdiction over any dispute arising
out of, or relating to this Agreement, wit-
hout prejudice to NAVTEQ’ right to bring
claims at your then current place of resi-
dence.
OM12J57FI.book Page 261 Frid ay, February 13, 2015 11:22 AM
