This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual natural person, a single legal entity or partnership) (the “End User”), and TomTom BV, Amsterdam, The Netherlands (“TomTom”). This EULA applies to (i) online data services as provided by TomTom, which includes associated media and TomTom Internet-based services (“Service”), and (ii) software, pre-installed software on any of our hardware devices as well as cd-rom, floppy disk, memory card, download package or any other data carriers and all contents and contents programs (“Software”). The use of our Service and Software is subject to this EULA including the Limited Warranty terms as set forth below.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PROMPTLY RETURN THE SOFTWARE, AS WELL AS THE HARDWARE AND ACCOMPANYING ITEMS (“HARDWARE”) - PROVIDED THEY HAVE NOT BEEN USED - TO THE PLACE YOU OBTAINED THEM. IF YOU DOWNLOAD THE SOFTWARE AND YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT INSTALL THE SOFTWARE AND YOU ARE NOT ENTITLED TO USE THE SOFTWARE AND YOU MUST EXIT THIS INSTALLATION PROCEDURE NOW BY CLICKING ON THE CANCEL BUTTON BELOW. 
IF YOU HAVE ALREADY PAID FOR THE SOFTWARE AND/OR THE HARDWARE TOMTOM OR ITS AUTHORIZED DISTRIBUTOR FROM WHOM YOU OBTAINED THE SOFTWARE AND/OR THE HARDWARE, WILL REFUND YOU THE PURCHASE PRICE PROVIDED YOU PROVIDE TOMTOM FORTWITH WITH PROOF OF PURCHASE AND PAYMENT AND RETURN THE UNUSED ITEMS.
BY BREAKING THE SEAL OF THE CD-ROM/FLOPPY DISK/MEMORY CARD, PRESSING THE “I AGREE”  BUTTON FOR A DOWNLOAD, OR BY USING THE SOFTWARE AND/OR THE HARDWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA AS WELL AS THE APPLICABLE GENERAL SALE TERMS AND CONDITIONS.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND THE AUTHORITY TO ENTER INTO THIS EULA AND THAT YOU HAVE REACHED THE AGE OF MAJORITY. IF NOT, YOU MAY NOT USE THE SOFTWARE AND/OR THE HARDWARE
The EULA is subject to Laws of the Netherlands and the District Court of Amsterdam is the only competent court for
disputes related to this EULA or the use of the Software and/or Hardware or otherwise. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to this EULA.
1) GRANT OF LICENSE: This EULA grants a license (“License”) that permits you to use the TomTom Software and Hardware if and as rightfully obtained (including the digital (map) data, either downloaded, or included in the accompanying package acquired with this EULA) on any single computer or (Hardware) device, provided the Software is installed and/or the Service is used on only one computer or (Hardware) device at any time and provided the Software is combined only with one
(1) navigation system. This License is non-exclusive and non-transferable. This License does not imply any rights to future upgrades or updates of the Software. The use of any upgrades or updates of the Software is governed by this EULA and its amendments and may be subject to additional payments and conditions. This License does not imply any rights to future delivery of free or paid Service or any other services.

2) COPYRIGHT: The copyrights and other intellectual, industrial and/or proprietary rights to the Software and the Hardware are owned by TomTom or its suppliers. You may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single medium provided you keep the original solely for backup or archival purposes. You may not copy the product manual(s) or written materials accompanying the Software, except for own use. You only become the owner of the material data carrier and you do not acquire the ownership of the Software.

3) OTHER RESTRICTIONS: The hiring, lending, public presentation, performance or broadcasting of the Software and/or the Hardware is prohibited.
You, - or anyone else, whether or not in your assignment -, are not permitted to fully or partly modify the Software and/or the Hardware, to analyze it by means of reverse-engineering, to decompile or disassemble the Software and/or the Hardware, or to make products derived from it. If you wish to obtain information that is necessary to ensure the interoperability of the Software, please contact TomTom at support@tomtom.com. You are explicitly prohibited from downloading the digital maps and programs contained in the Software or from transferring these
to any other software and/or hardware, including another data carrier, computer or (hardware) device. 

4) CONFIDENTIALITY: You acknowledge and agree that the Software and the Hardware were developed at considerable time and expense by TomTom and are confidential to and a trade secret of TomTom and/or third parties. You agree to maintain the Software and the Hardware in strict confidence and not to disclose or provide access thereto to any person. If you would nevertheless grant another person (unauthorized) access to the Software and/or the Hardware, you guarantee that such person accepts the terms and conditions of this EULA and you will indemnify TomTom and its authorized distributors against any claim of such person.

5) THIRD PARTY SOFTWARE LICENSES: TomTom products may make use of third party software. Notwithstanding the clauses 2, 3 and 4 above, the third party software licenses may apply to parts of the Software. The official copyright notices and specific license conditions of these third party software codes and algorithms are to be found in the ‘Third Party Software Licenses’-folder on the CD/SD/ROM/HardDisk.

6) LIMITED WARRANTY AND LIMITATION OF LIABILITY:
a) You may only use the Software and the Hardware after having read the instructions supplied with it before you use it. If you
have any difficulty using the Software and/or the Hardware, consult the instructions to check you are using it correctly.
b) The use of the Software and the Hardware in a navigation system means that calculation errors can occur, for instance caused by local environmental conditions and/or incomplete data. TomTom cannot warrant that the TomTom Software, Hardware and/or Service operates error-free.
c) TomTom warrants to you that the Hardware will be free from defects in workmanship and materials for a period that is
the shorter of (a) two (2) years from the date that the Hardware was first purchased by you and (b) the period ending upon your
breach of any term of the EULA (“Warranty Period”). During the Warranty Period the Hardware will be repaired or replaced
at TomTom’s option (“Limited Warranty”), without charge to you for either part or labor. This warranty covers the prompt
replacement of the data carrier and the Hardware only. If the Hardware is repaired after expiry or the end of the Warranty Period, the Warranty Period for the repair will expire six (6) months from the date of repair.

This Limited Warranty does not apply to normal wear and tear, if the Hardware is opened or repaired by someone not authorized by TomTom and does not cover repair or replacement of any Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Software and/or the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware.
You cannot transfer this Limited Warranty to any other person.
d) Some countries may not allow the exclusion or limitation of damages. If this Limited Warranty is held to be invalid or
unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Limited Warranty,
but rather the Limited Warranty shall be construed as if not containing the particular invalid or unenforceable provision or
provisions, and the rights and obligations of each party shall be construed and enforced accordingly.
e) Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of TomTom and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by TomTom with respect to any breach of the Limited Warranty) shall be limited to the amount actually paid by you for the Software and/or the Hardware. 
f) Although suppliers of software or other data (“Suppliers”) are not a party to this EULA and shall have no obligations hereunder, any such supplier is a third party beneficiary of the End User’s rights under this EULA. Suppliers shall not, to the extent permitted by applicable law, in any way be liable for any damages, or loss of any kind, whether special, direct, indirect, incidental, or consequential, arising from the use of the Software, the Hardware and/or the Service. Suppliers do not warrant, whether express or implied, including but not limited to, the implied warranties of non-infringement, merchantability, completeness, accuracy, and fitness for a particular purpose of Supplier’s data used in the Software and/or the Hardware.

7) TERMINATION: Without prejudice to any other rights, TomTom may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts. 

8) ADDITIONAL SOFWARE/SERVICES: this EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that TomTom may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. TomTom reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.

9) LINKS TO THIRD PARTY SITES: TomTom is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. TomTom is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by TomTom of the third-party site or service.

10) DISCLAIMER OF WARRANTIES: The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, TomTom and its suppliers provide the Hardware, the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software and/or the Hardware, and the provision of or failure to provide support or other services, information, software, and related content through the Software and/or the Hardware or otherwise arising out of the use of the Software and/or the Hardware. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Software and/or the Hardware.

11) ENTIRE AGREEMENT; SEVERABILITY: This EULA (including any addendum or amendment to this EULA which is included with the accompanying package of the Hardware, the Software and/or is downloaded through the Service) is the entire agreement between you and TomTom relating to the Hardware, the Software and/or the Service and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any TomTom policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Should you have any questions concerning this EULA, or if you desire to contact TomTom for any reason, please visit TomTom on the World Wide Web at http://www.tomtom.com.


