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supersedes in their entirety any and all written or oral agreements previously existing between us with respect
to such subject matter.
Governing Law. The above terms and conditions shall be governed by the laws of the Netherlands, without
giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the
International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the
Netherlands for any and all disputes, claims and actions arising from or in connection with the Data provided to
you hereunder.
Restrictions. Except where you have been specifically licensed to do so by ALK, and without limiting the
preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or
otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch,
real time route guidance, fleet management or similar applications; or (b) with or in communication with any
positioning devices or any mobile or wireless connected electronic or computer devices, including without
limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
Warning. The Data 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.
No Warranty. This Data is provided to you "as is," and you agree to use it at your own risk. ALK and its
licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind,
express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy,
completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained
from this Data, or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty: ALK AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND
SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to
that extent the above exclusion may not apply to you.
Disclaimer of Liability: ALK AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLI-
ERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION
ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT
FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT,
REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO
USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE
TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A
WARRANTY, EVEN IF ALK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages
limitations, so to that extent the above may not apply to you.
Transplant GPS, Inc. Limited Warranty
Hardware: Transplant GPS, Inc. warrants to the original end user (i.e. Customer) that this product will be free
from defects in workmanship and materials, for one year from the date of original purchase from Transplant
GPS, Inc. The provisions of this warranty shall not apply if, in Transplant GPS, Inc.'s judgment, the product
has been subject to misuse or neglect, improper installation, damaged in an accident, or repaired or altered in
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any way that adversely affects its performance and reliability. Transplant GPS, Inc.'s sole obligation under this
express warranty shall be, at Transplant GPS, Inc.'s option, to replace the product or part with a comparable prod-
uct or part, repair the product or part, or if neither repair nor replacement is reasonably available, Transplant GPS,
Inc. may, in its sole discretion, refund to Customer the purchase price paid for the product or part. Replacement
products or parts may be new or reconditioned. Transplant GPS, Inc. warrants any replaced or repaired product
or part, and any hardware upgrade to which Customer is entitled under an agreement between Customer and
Transplant GPS, Inc. for a period of ninety (90) days from shipment, or through the end of the original warranty,
whichever is longer. All products or parts that are replaced become the property of Transplant GPS, Inc. This
warranty does not cover products sold AS IS or WITH ALL FAULTS.
Obtaining Warranty Service: Customer must contact Transplant GPS, Inc. within the applicable warranty
period to obtain warranty service authorization. Dated proof of original purchase from Transplant GPS, Inc. or
its authorized reseller will be required. Transplant GPS, Inc. is not responsible for Customer products or parts
received without a warranty service authorization. Products or parts shipped by Customer to Transplant GPS, Inc.
must be sent prepaid and packaged appropriately for safe shipment, and it is recommended that they be insured or
sent by a method that provides for tracking of the package. THIS WARRANTY SHALL NOT BE EXTENDED,
ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT DULY SIGNED BY TRANSPLANT
GPS, INC. WARRANTIES EXCLUSIVE. IF THIS PRODUCT DOES NOT OPERATE AS WARRANTED
ABOVE, CUSTOMER'S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE
REPLACEMENT OR REPAIR OF THE RODUCT OR PART OR REFUND OF THE PURCHASE PRICE
PAID, AT TRANSPLANT GPS, INC.'S DISCRETION. THIS WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES (OR CONDITIONS), EXPRESSED OR IMPLIED, INCLUDING (WITHOUT LIMITATION),
ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICU-
LAR PURPOSE. TRANSPLANT GPS, INC. SHALL NOT BE LIABLE FOR LOSS OF PROFITS OR ANY
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHICH THE PURCHASER MAY SUSTAIN.
IN NO EVENT SHALL TRANSPLANT GPS, INC.'S LIABILITY EXCEED THE PURCHASE PRICE OF
THE DEFECTIVE PRODUCT. TRANSPLANT GPS, INC. NEITHER ASSUMES NOR AUTHORIZES ANY
OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE,
INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS. TRANSPLANT GPS, INC. SHALL NOT
BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE
ALLEGED DEFECT OR MALFUNCTION IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY
CUSTOMER'S OR ANY THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TEST-
ING, 25 UNAUTHORIZED ATTEMPTS TO OPEN, REPAIR, OR MODIFY THE PRODUCT, OR ANY OTH-
ER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING,
OTHER HAZARDS, OR ACTS OF GOD. THIS WARRANTY DOES NOT COVER PHYSICAL DAMAGE
TO THE SURFACE OF THE PRODUCT, INCLUDING CRACKS OR SCRATCHES ON OUTSIDE CASING.
THIS WARRANTY DOES NOT APPLY WHEN THE MALFUNCTION RESULTS FROM THE USE OF
THIS PRODUCT IN CONJUNCTION WITH ACCESSORIES, OTHER PRODUCTS, OR ANCILLARY OR
PERIPHERAL EQUIPMENT AND TRANSPLANT GPS, INC. DETERMINES THAT THERE IS NO FAULT
WITH THE PRODUCT ITSELF. THIS WARRANTY DOES NOT APPLY TO ANY MALFUNCTION OR
FAILURE OF THE PRODUCT OR PART DUE TO ANY COMMUNICATION SERVICE CUSTOMER MAY
SUBSCRIBE TO OR USE WITH THE PRODUCT.
Limitation of Liability: TO THE FULL EXTENT ALLOWED BY LAW, TRANSPLANT GPS, INC. ALSO
EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR
TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR
PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS,
LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CON-
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