Alpine X009E Owner's Manual page 88

LIMITED WARRANTY
NAVTEQ 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
NAVTEQ's Criteria for Accuracy and Completeness existing on
the date you acquired the Database; these criteria are available
from NAVTEQ at your request. If the Database does not perform
in accordance with this limited warranty, NAVTEQ 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 NAVTEQ's entire liability and your sole remedy
against NAVTEQ. Except as expressly provided in this section,
NAVTEQ 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. NAVTEQ
does not warrant that the Database is or will be error free. No
oral or written information or advice provided by NAVTEQ, 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 NAVTEQ directly, you
may have statutory rights against the person from whom you
have acquired the Database in addition to the rights granted by
NAVTEQ hereunder according to the law of your jurisdiction. The
above warranty of NAVTEQ 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 NAVTEQ 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 NAVTEQ
has been advised of the possibility of such damages. In any
event NAVTEQ'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 -
neighborhood safety; law enforcement; emergency 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; special events; traffic
congestion; or travel time.
88
-EN
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 NAVTEQ's right to bring claims at your then current
place of residence.