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OUT OF THIS AGREEMENT, INCLUDING LOST
PROFITS OR COSTS OF COVER, LOSS OF USE
OR BUSINESS INTERRUPTION OR THE LIKE,
REGARDLESS OF WHETHER THE PARTY WAS
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, TOMTOM
OR ITS SUPPLIERS SHALL HAVE NO MONETARY
LIABILITY TO THE UNDERSIGNED FOR ANY
CAUSE (REGARDLESS OF THE FORM OF
ACTION) UNDER OR RELATING TO THIS AGREE-
MENT.
Disclaim all warranties of TomTom and its sup-
pliers of the same scope as in this Agreement.
For example:
THE LICENSED PRODUCTS ARE PROVIDED ON
AN "AS IS" AND "WITH ALL FAULTS BASIS" AND
TOMTOM AND ITS SUPPLIERS EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF NON-INFRINGE-
MENT, MERCHANTABILITY, SATISFACTORY
QUALITY, ACCURACY, TITLE AND FITNESS FOR
A PARTICULAR PURPOSE. NO ORAL OR
WRITTEN ADVICE OR INFORMATION PROVIDED
BY TOMTOM OR ANY OF ITS AGENTS,
EMPLOYEES OR THIRD PARTY PROVIDERS
SHALL CREATE A WARRANTY, AND YOU ARE
NOT ENTITLED TO RELY ON ANY SUCH ADVICE
OR INFORMATION. THIS DISCLAIMER OF WAR-
RANTIES IS AN ESSENTIAL CONDITION OF THE
AGREEMENT.
End User shall not use the Authorized Applica-
tion to create (or assist in the creation of) a
digital map database. A "digital map database"
means a database of geospatial data containing
the following information and attributes: (x)
road geometry and street names; or (y) routing
attributes that enable turn-by-turn navigation on
such road geometry; or (z) latitude and longi-
tude of individual addresses and house number
ranges.
End User shall not use the Authorized Applica-
tion to provide competitive information about
TomTom or its products to third parties.
Licensee shall not use the Licensed Products for
in-flight or drone navigation or in connection
with any high risk systems, devices, products or
services that are critical to the health and safety
or security of people and property.
In the event that any End User is a government
entity, include the following:
U.S. GOVERNMENT RIGHTS. If End User is an
agency, department, or other entity of the
United States Government, or funded in whole
or in part by the United States Government,
then use, duplication, reproduction, release,
modification, disclosure or transfer of this com-
mercial product and accompanying documenta-
tion, is restricted in accordance with the
LIMITED or RESTRICTED rights as described in
any applicable DFARS or FAR. In case of conflict
between any of the FAR and/or DFARS that may
apply to the Licensed Product, the construction
that provides greater limitations on the Govern-
ment's rights shall control. Contractor/manufac-
turer is TomTom North America, Inc., 11
Lafayette Street, Lebanon, NH 03766-1445.
Phone: 603.643.0330. The Licensed Products
are © 1992-2021 by TomTom. ALL RIGHTS
RESERVED. For purpose of any public disclo-
sure provision under any federal, state or local
law, it is agreed that the Licensed Products are a
trade secret and a proprietary commercial pro-
duct and not subject to disclosure.
U.S. Government RESTRICTED RIGHTS. The
LBS Software is provided as "Commercial Com-
puter Software" or "restricted computer sof-
tware". Use, duplication, or disclosure by the
U.S. Government or U.S. Government
subcontractor is subject to the restrictions set
forth in 48.C.F.R. Section 12.212 or 48
C.F.R.227.2702, as applicable or successor
provisions. The manufacturer is Uber Technolo-
gies, Inc., San Francisco, CA, 94103
If End User is an agency, department, or other
entity of any State government, the United
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