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Chapter
02
Introduction
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
- 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.
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's right to bring
claims at your then current place of residence.
10
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