Clive Barker's Undying

Last updated: November 17, 2008

Chapter I: Wii Network Service

Article 1: Grant of License

Nintendo grants you a personal, limited, non-exclusive, revocable (in whole or in part) license to use the Wii Network Service, pursuant to this agreement. Specifically:

• Although the Wii Network Service is intended for your personal recreational use, you are responsible for anyone using the Wii Network Service through your Wii Console (whether you gave them permission or not), and for ensuring they understand and agree to this agreement.
• You may not use the Wii Network Service for commercial or illegal purposes, in a way that may harm another person or company, or in any unauthorized or improper manner as we may specify from time to time in this agreement, our Wii Code of Conduct, or otherwise.
• You must clear all Content, Third-Party Data, and any other stored sensitive or personal information stored on your Wii Console prior to selling or otherwise transferring your Wii Console. If you acquire a used Wii Console, you must clear, and may not use, any of this data if still on the Wii Console when you acquire it.
• The Wii Network Service is licensed to you for use on your Wii Console only in the United States, Canada, or Latin America.

Chapter II: Unauthorized Software, Services, or Devices or Unlicensed Accessories

Your Wii Console and the Wii Network Service are not designed for use with unauthorized software, services, or devices or non-licensed accessories, and you may not use any of these with your Wii Console or the Wii Network Service. Such use may be illegal, voids any warranty, and is a breach of this agreement. Such use may also lead to injury to you or others or cause performance issues or damage to your Wii Console or the Wii Network Service. We (and our licensees and distributors) are not responsible for damage or loss caused by unauthorized software, services or devices or non-licensed accessories. We may take steps to disable or delete any unauthorized software, services or device installed in your Wii Console, for example, by detecting and disabling them through the Wii Network Service and/or game software. If we detect unauthorized software, services, or devices, your access to the Wii Network Service may be disabled and/or the Wii Console or games may be unplayable.

Chapter III: Updates/Changes

You understand that the Wii Console specifications and the Wii Network Service are constantly evolving and that we may update or change your Wii Console or the Wii Network Service in whole or in part, without notice to you. Such updates may be required for you to play new Wii games or continue to access the Wii Network Service. We may also upgrade, change, or terminate the Content or game software or may discontinue offering Products without notice to you.

Chapter IV: Wii Shop

Article 1: Wii Shop Account

You must create a Wii Shop Account to use the Wii Shop. A Wii Shop Account is personal to you. You are responsible for monitoring use of, and limiting access to, your Wii Shop Account and for anyone using your Wii Shop Account, even without your permission.

Article 2: Points

The Wii Shop allows you to use Points to download a license to use Content or purchase Products (and may also allow you to do such things as download licenses to use certain Content for free, or use your Points to send Content to a friend). Points are primarily intended for the purchase of downloadable video game content, and are taxed accordingly. Points are not your personal property. Points have no cash or monetary value and are non-refundable.

Once you place Points into your Wii Shop Account, you may not withdraw, sell, or transfer them to another. You are responsible for your or anyone else's use of Points in your Wii Shop Account, even if you did not give them permission to use those Points.

If we suspect fraudulent or unlawful activity concerning your Wii Shop Account or your use of Points, we may cancel, suspend, or otherwise limit your access to all or part of the Wii Network Service. If, as a result, your Wii Shop Account or your Points are deleted, they will be reinstated at our sole discretion.

Article 3: Credit-Card Charges and Your Billing Account

You may use your credit card to purchase Points through the Wii Shop. If you use a credit card, you represent that you are authorized to do so and you agree that you are responsible for all charges to that credit card. Unless otherwise required by law, charges to the credit card to purchase Points are nonrefundable.

Article 4: Account History

Each time you purchase Points through the Wii Shop, and each time you use Points to license Content or purchase Products, the transaction will be reflected in your account history. Account-history information for each transaction will be available for at least one year through the Wii Shop.

Chapter V: Third-Party Data

We are not responsible for any Third-Party Data or for any action you may take relating thereto (including but not limited to modifying, distributing, or posting Third-Party Data). All Third-Party Data is the sole responsibility of the creator or sender of that Third-Party Data. Although we may choose to do so, we are not obligated to monitor, supervise, store, or maintain Third-Party Data or respond to complaints relating to Third-Party Data.

If legally permitted, we may access, use, and disclose any Third-Party Data in order to protect our rights or property, to protect other users of the Wii Network Service, or to comply with legal requirements such as a lawful subpoena. You understand that you have no expectation of privacy in anything you receive or transmit via the Wii Network Service.

Chapter VI: Other

Article 1: Third-Party Providers

We may use third parties to provide any portion of the Wii Network Service. We may offer third party services or material to you (including Content and Products) through the Wii Network Service, so you may use Points to purchase from us a license to use such Content or to get Product. We may also allow third parties to directly provide Third-Party Data to you through the Wii Network Service.

Article 2: Intellectual Property

We own all right, title and interest in, or have the right to distribute, use or sublicense, the Wii Network Service and the Nintendo IP. We do not provide you with any interest in the Wii Network Service or the Nintendo IP. Except as expressly authorized by us in writing, you may not create works based on the Wii Network Service or the Nintendo IP or modify, distribute, or transmit the Nintendo IP. If you do not abide by these requirements, Nintendo shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the Wii Network Service, or, in the alternative, an unlimited license thereto.

We respect the intellectual property of others. If you believe that any material within the Wii Console infringes upon any intellectual property right which you own or control, you may file a notice of such infringement with us, as provided in Article 15. Our entire Intellectual Property Policy may be viewed at www.nintendo.com/ippolicy.

Article 3: Hosting, Intercepting, Emulating, and Reverse-Engineering Prohibited

You may not host, intercept, emulate, or reverse engineer any part of the Wii Console or the Wii Network Service.

Article 4: Parental Controls Function

You may limit access to certain features of the Wii Console and the Wii Network Service through our parental controls function; however, you are responsible for any features or material that anyone accesses through your Wii Console even if you use the parental controls function.

Article 5: Code of Conduct

Your use of the Wii Network Service is subject to the Wii Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct. The most current version of the Wii Code of Conduct, which may be revised by us from time to time, is posted at http://support.nintendo.com. You may also contact our customer-service department, and we will mail you the current version, free of charge.

Article 6: Submissions

Please do not send us any creative or original materials such as ideas for toys, games, or other products, or any creative suggestions, ideas, notes, drawings, concepts, or other information through the Wii Network Service or otherwise. Any unsolicited submissions become our sole and exclusive property and may be used by us with no obligation of confidentiality, payment, or attribution.

Article 7: Protection of Personal Information

We are committed to protecting the privacy and security of your personal information. Your use of the Wii Network Service is subject to the Wii Privacy Policy, which applies to information submitted or collected through the Wii Network Service. The most current version of the Wii Privacy Policy, which may be revised by us from time to time, is posted at http://support.nintendo.com. You may also contact our customer-service department, and we will mail you the current version, free of charge.

Article 8: Warranties

ALTHOUGH WE STAND BEHIND OUR SERVICE, CONTENT AND PRODUCTS, WE AND OUR LICENSEES, LICENSORS AND SUPPLIERS ARE PROVIDING THE Wii NETWORK SERVICE "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), TO THE MAXIMUM EXTENT PERMITTED BY LAW. USE OF THE Wii NETWORK SERVICE IS AT YOUR SOLE RISK. THIS MEANS, FOR EXAMPLE, THAT WE DO NOT GUARANTEE THAT THE Wii NETWORK SERVICE WILL ALWAYS WORK PROPERLY. THIS ALSO MEANS WE DO NOT GUARANTEE THAT THE Wii NETWORK SERVICE, CONTENT OR PRODUCTS WILL BE FREE FROM VIRUSES, HACKS, OR OTHER POTENTIALLY HARMFUL INTRUSIONS. PLEASE NOTE THAT SOME STATES DO NOT ALLOW SUCH WARRANTY LIMITATIONS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE SEE THE Wii OPERATIONS MANUAL FOR ANY WARRANTIES THAT APPLY TO THE Wii CONSOLE.

Article 9: Limitation on Claims

If you think you have a claim against us related to the Wii Console or the Wii Network Service, you must take legal action within one year after the date of the alleged incident. After the one-year period expires, you may never raise that claim.

Article 10: Change, Suspension or Discontinuance of Wii Network Service

We may change, suspend, or discontinue the Wii Network Service, or any feature or aspect of the Wii Network Service, at any time, with or without notice to you, and without liability to us. This includes, but is not limited to, the availability of all or any portion of the Wii Network Service, Content, Products, Points, and the number of Points required to redeem particular Content or Products.

Article 11: Limited Responsibilities and Indemnification

You agree to waive any and all rights to claim damages or losses caused to you or relating to your inability to use the Wii Network Service (or to anyone else using the Wii Network Service through your Wii Console). You understand you might never be fully compensated for that damage or loss if we or one of our licensees, licensors or suppliers (collectively referred to in this Article 11 as "we" or "us") somehow harm you. This is because we limit our liability to you (and to others) in several ways:

• Your ability to recover damages or losses from us is limited: you may recover only direct damages, up to the total amount you have ever paid for Points. Generally, direct damages are losses you (or anyone else) suffer as the immediate result of something someone has done wrong.
• You may not recover any other types of damages, no matter the reason. For example, sometimes a court will award a special amount of damages to punish the person at fault, or, a person might have to pay for damages where the person did not directly cause harm. You agree that we will never have to pay punitive, special, consequential, or incidental damages to you.
• We are also not liable to anyone else, or for the actions or inactions of anyone else. For example, if your friend is somehow harmed using the Wii Network Service or the Wii Console, we are not responsible to you, your friend, or anyone else. If another person somehow harms you while using your Wii Console or Wii Network Service, we are not liable to you for that other person's actions.

These limitations on liability apply to all matters relating to the Wii Network Service and the Wii Console, including your use of the Wii Network Service and your use of Content or Products that do not specify other limitations on liability. These limitations also apply to any legal or equitable theory, including but not limited to breach of contract, breach of warranty, strict liability, negligence, or other tort. Please note, however, that some states or provinces do not permit certain limitations like these, so these limits on other damages may not fully apply to you.

If you breach this agreement, and we or another company or person is harmed by your breach, then you must indemnify us (and our licensees, licensors, and suppliers and any of our employees) from all of the losses and costs related to your breach, including our attorneys' fees. You must also indemnify us for any claims relating to Third-Party Data modified, created, or sent by you.

Article 12: Expiration and Termination of Agreement

• You may cancel your Wii Shop Account by contacting our customer-service department or by following the instructions in the Wii Shop. If your Wii Shop Account is canceled or terminated for any reason, you will no longer be able to use the Wii Shop. You will lose all downloaded Content and forfeit any rights to any unused Points, which become our property.
• You may terminate this agreement by removing Content from your Wii Console, discontinuing use of the Wii Network Service, and forfeiting any rights to Points in your Wii Shop Account, which become our property.
• We may terminate this agreement, or any portion thereof, at any time, for any reason whatsoever. Such termination will void any licenses granted in accordance with this agreement and may prevent your use of the Wii Network Service.
• We have no obligation to return or refund Points to you, even if the agreement ends.
• In the event this agreement is terminated or canceled, the following sections will remain in effect: Unauthorized Software, Services, or Devices or Unlicensed Accessories; Credit-Card Charges and Your Billing Account; Intellectual Property; Hosting, Intercepting, Emulating, and Reverse-Engineering Prohibited; Submissions; Warranties; Limitation on Claims; Limited Responsibilities and Indemnification; Expiration and Termination of Agreement; Governing Law, Legal Jurisdiction, and Interpretation of Agreement.

Article 13: Current Agreement and Update

We may change the terms and conditions of this agreement, the Wii Code of Conduct, or the Wii Privacy Policy, at any time. A current version of this agreement will be available on the Internet at http://support.nintendo.com. If you do not have Internet access, you may contact our customer-service department, and we will mail you a current version of this agreement, free of charge. We will post notice on http://support.nintendo.com if the agreement is changed at least 5 days before the changes become legally binding. If you do not agree to these changes, you must cancel your Wii Network Service in accordance with this agreement. If you do not have Internet access, you should periodically contact our customer-service department and ask whether there have been any changes to the agreement since the last version you obtained.

Article 14: Sale, Transfer and Assignment Prohibited

You may not assign all or any part of this agreement or sell or transfer any Content or your Wii Shop Account to any third party. Any attempt by you to do so is void.

Article 15: Customer Service/Notices

To contact our customer-service department regarding this agreement, you may: (i) send an email to useragreement@noa.nintendo.com; (ii) send a letter to Nintendo of America Inc., attn: User Agreement, 4820 150th Ave NE, Redmond, WA 98052; or (iii) call, toll free, 1-888-977-7627.

For all legal matters, such as to file a claim against us or to notify us of an alleged infringement, you must contact or notify us in writing at: Nintendo of America Inc. Attn: General Counsel, 4820 150th Ave NE, Redmond, WA 98052.

Article 16: Governing Law, Legal Jurisdiction, and Interpretation of Agreement

This agreement and any claims arising under it is governed by the laws of the state of Washington, without reference to conflict of laws principles. If you want to sue us with respect to a claim related to this agreement, your lawsuit must be brought in King County, Washington, and you consent to the jurisdiction of courts located there. You agree that if any part of this agreement is determined to be invalid or unenforceable, that part will no longer apply and will be considered deleted from the agreement, but all other parts of the agreement will remain in effect. You further agree that we may replace the invalid part by a provision which reflects or comes closest to reflecting the initial intention. If we choose not to enforce a provision of the agreement, you agree that we are not waiving our right to do so in the future.

Article 17: Definitions

"Content" means the software, services, material and other data which we own or have the right to use, distribute or sublicense, and which we send to, or make available as a download through, the Wii Console or the Wii Network Service.

"My Nintendo" means the loyalty program offered by Nintendo.

"Nintendo IP" means all intellectual property, including but not limited to trademarks, copyrights, moral rights, inventions, patents, trade secrets, know-how and other confidential and proprietary information which we developed, own or have a license to use.

"Points" means the points that you purchase from us through the Wii Shop or through points cards sold or distributed by us or our retailers and promotional partners and that you may exchange with us for a license to download Content or to purchase Products.

"Products" means any goods other than Content that are made available for purchase from us through the Wii Shop.

"Third-Party Data" means Content or other software, services, material, messages (including commercial and non-commercial messages), links to Internet sites, and other data either created by, or sent to, your Wii Console through the Wii Network Service by any non-Nintendo entity or person (including you).

"Wii Console" means Nintendo's system (including the Wii Remote) sold and marketed by Nintendo under the Wii brand, including any succeeding systems and compatible systems.

"Wii Network Service" means the service whereby we can distribute Content, messages (including commercial and non-commercial messages) and other data to your Wii Console, or link you to an Internet site, and whereby you can send and receive Content, messages (including commercial and non-commercial messages), and other data, including Third-Party Data, using your Wii Console. The "Wii Network Service" includes, but is not limited to, the Wii Shop.

"Wii Shop Account" means an account on your Wii Console which you set up and use in connection with the Wii Shop.

"Wii Shop" means our online Wii Console's store, which offers such things as Points, Content, Products, and a download service, all of which Nintendo directly or indirectly operates.

The code must be entered exactly as displayed. The code is good for one PlayStation Network account to redeem the entitlement to download the purchased item. Use of downloaded content subject to applicable digital rights management. See www.us.playstation.com/support/useragreements for details. Code must be redeemed when the entitlements are available for download. Code will not be replaced if lost, destroyed or stolen. No refunds.

Available hard drive space required for PS3 or PSPgo systems. Available memory on compatible Memory Stick® required for PSP system 1000-3000 series. Additional hardware or peripherals may be required.

Use of the PlayStation®Network is subject to the PlayStation Network Terms of Service and User License Agreement and applicable privacy policy, see www.us.playstation.com/support/useragreements. Children under 18 must have parental consent to establish a PlayStation Network Account and may not be able to access certain content or services. Broadband service required for download; user responsible for associated fees. PlayStation Network features and offerings may change without notice.

Licensed for distribution in North America and Mexico for the PlayStation®3 system, the PSP® (PlayStation®Portable) system or both systems, depending on the item. Software license terms available at www.us.playstation.com/support/useragreements. "PlayStation" and the "PS" Family Logo are registered trademarks of Sony Computer Entertainment Inc. The PlayStation Network logo is a trademark of Sony Computer Entertainment Inc. The Sony Computer Entertainment logo is a registered trademarks of Sony Corporation. The ratings icon is a registered trademark of the Entertainment Software Association.

The code must be entered exactly as displayed. The code is good for one PlayStation Network account to redeem the entitlement to download the purchased item. Use of downloaded content subject to applicable digital rights management. See www.us.playstation.com/support/useragreements for details. Code must be redeemed when the entitlements are available for download. Code will not be replaced if lost, destroyed or stolen. No refunds.

Available hard drive space required for PS3 or PSPgo systems. Available memory on compatible Memory Stick® required for PSP system 1000-3000 series. Additional hardware or peripherals may be required.

Use of the PlayStation®Network is subject to the PlayStation Network Terms of Service and User License Agreement and applicable privacy policy, see www.us.playstation.com/support/useragreements. Children under 18 must have parental consent to establish a PlayStation Network Account and may not be able to access certain content or services. Broadband service required for download; user responsible for associated fees. PlayStation Network features and offerings may change without notice.

Licensed for distribution in North America and Mexico for the PlayStation®3 system, the PSP® (PlayStation®Portable) system or both systems, depending on the item. Software license terms available at www.us.playstation.com/support/useragreements. "PlayStation" and the "PS" Family Logo are registered trademarks of Sony Computer Entertainment Inc. The PlayStation Network logo is a trademark of Sony Computer Entertainment Inc. The Sony Computer Entertainment logo is a registered trademarks of Sony Corporation. The ratings icon is a registered trademark of the Entertainment Software Association.

The code must be entered exactly as displayed. The code is good for one PlayStation Network account to redeem the entitlement to download the purchased item. Use of downloaded content subject to applicable digital rights management. See www.us.playstation.com/support/useragreements for details. Code must be redeemed when the entitlements are available for download. Code will not be replaced if lost, destroyed or stolen. No refunds.

Available hard drive space required for PS3 or PSPgo systems. Available memory on compatible Memory Stick® required for PSP system 1000-3000 series. Additional hardware or peripherals may be required.

Use of the PlayStation®Network is subject to the PlayStation Network Terms of Service and User License Agreement and applicable privacy policy, see www.us.playstation.com/support/useragreements. Children under 18 must have parental consent to establish a PlayStation Network Account and may not be able to access certain content or services. Broadband service required for download; user responsible for associated fees. PlayStation Network features and offerings may change without notice.

Licensed for distribution in North America and Mexico for the PlayStation®3 system, the PSP® (PlayStation®Portable) system or both systems, depending on the item. Software license terms available at www.us.playstation.com/support/useragreements. "PlayStation" and the "PS" Family Logo are registered trademarks of Sony Computer Entertainment Inc. The PlayStation Network logo is a trademark of Sony Computer Entertainment Inc. The Sony Computer Entertainment logo is a registered trademarks of Sony Corporation. The ratings icon is a registered trademark of the Entertainment Software Association.

1. Scope
   1. These Terms and Conditions shall apply to all purchase orders submitted or to be submitted by you for any item, service or subscription offered to you on or via the TomTom website or TomTom HOME, a TomTom device or other TomTom application (referred to in these Terms and Conditions as the "Products"), including, but not limited to, (i) hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software ("Hardware") and (ii) services offered by TomTom from time to time ("Services"), which may include (separately or bundled. Internet-based services or location based services, data services, real time information services such as traffic information and weather forecasts, or the provision of other data, information, (third party) functionality or content, whether offered to you on a subscription basis ("Subscription") or on a pre-paid basis and delivered in one or more parts.
2. Orders
   1. Any purchase order submitted is subject to acceptance by TomTom. Only upon acceptance by TomTom by way of an order confirmation is the agreement concluded.
   2. TomTom reserves the right to reject any orders in full or in part or to apply a maximum order amount.
   3. c. All orders for Hardware are subject to stock availability.
3. Price and payment
   1. Prices indicated on the website are exclusive of state and local sales and use taxes. You are responsible for any such state and local sales and use taxes, and any other taxes and government levies, if any, associated with your order. If state and local sales and use taxes are due, these amounts will be added to the sale price and your payment will be inclusive of those amounts. Shipping and handling charges (if any) will apply in addition to the sale price indicated on the website and the applicable sales and use taxes. Prices are subject to change at any time but will not affect orders for Hardware, (pre-installed. software ("Software") or Services made prior to the date of the change (subject to clause 7c..
   2. All orders must be paid for through the payment service as made available by TomTom ("Payment Service"). In order to submit orders and use the Payment Service you must supply details of your preferred payment method, billing and shipping address (if applicable. and/or any other details necessary to complete the order.
   3. If, for whichever reason, collection through the Payment Service should fail, TomTom will invoice you by post for the amount payable, which must be paid by check, postal order or credit card within fifteen (15) days from the date of invoice.
4. Delivery and risk of loss
   1. TomTom will endeavor to deliver or activate the Product within thirty (30) days of order acceptance. If multiple Products are ordered, TomTom reserves the right to deliver or activate each Product separately.
   2. Products will be delivered either to your delivery address or possession, or electronically. The risk of loss or damage to the Products will pass to you at the moment the Products are delivered to your delivery address or possession.
   3. If you refuse or neglect to take delivery of the Products, TomTom reserves the right to charge you for the reasonable cost of storing the Products until delivery can be made.
   4. If delivery to you should fail for any reason outside of TomTom's control, TomTom reserves the right to cancel the purchase agreement and refund any monies paid.
   5. If TomTom delivers a Product or an amount of a Product that you did not order or activates a Product on your device by mistake, you shall immediately inform TomTom of its mistake by email via www.tomtom.com/support and you shall, at TomTom's request, immediately arrange for the return of the Product (the costs of which shall be met by TomTom), de-install or destruct the Product.
   6. Acceptance of a non-ordered Product or amount of a Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with TomTom.
5. Return Policy
   1. TomTom allows you to return Hardware for any reason provided that it has not yet been used at any time during the fourteen (14) business days following the date of receipt at your delivery address. If the item has not been opened, TomTom will refund the purchase price actually paid minus shipping and handling charges. If the item has been opened, TomTom will charge a 15% restocking fee in addition to shipping and handling charges. TomTom will not issue refunds for products that have been defaced, altered, used, or damaged in any way. All requests for refunds are subject to inspection by TomTom of the returned item. TomTom will issue refunds by issuing a credit to the credit card used to purchase the item. If you choose to return any Hardware, you must contact TomTom during the fourteen (14) business days following receipt by email via www.tomtom.com/support to obtain a Return Materials Authorization number and return the Hardware in its original packaging, free of all interests, liens, or claims otherwise, to the address provided by TomTom. TomTom will not issue any refunds in response to requests made more than fourteen (14) business days following receipt of the item. Items cannot be returned to a retail store. TomTom will only accept returns on items purchased directly from the TomTom store.
   2. Purchases of Software may be cancelled in accordance with clause 5(a. provided that the seal has not been broken. Downloading, installing or activating Software are all considered as breaking the seal.
   3. You agree that the supply of Services by TomTom will commence immediately on TomTom's acceptance of your purchase order. You will not be able to cancel the purchase agreement after supply of the Services commences, unless TomTom fails to provide the Services with reasonable care and skill.
   4. All sales of products sold as Refurbished or Road Tested are final.
6. License, Copyright & Confidentiality
   1. Subject to these Terms and Conditions, you are granted a license to reproduce in order to install and execute the Software and/or the data, information, functionality or other content ("Content") provided to you as part of the Hardware or via for personal and private use only on the terms set out in this article 6 ("License"). You may install and use the Software and Content on only one computer device at any time and in combination with only one navigation system. You may not provide the Software or Content to others, directly or indirectly for their or anyone else's use. This License is non-exclusive and non-transferable which means that TomTom is free to license the Software and Content to other customers and that your right to use the Software and Content cannot be transferred by you to someone else or to another piece of Hardware. This License does not include any right to obtain future upgrades, updates or supplements to the Software or Content, unless TomTom has specifically indicated that obtaining such updates, upgrades or supplements is an integral part of the Product. If upgrades, updates or supplements to the Software or Content are obtained, however, the use of such upgrades, updates or supplements will be governed by these Terms and Conditions or such other terms and conditions as you shall be asked to accept prior to TomTom supplying you with the relevant upgrade, update or supplement.
   2. TomTom reserves the right, with or without notice, to discontinue update upgrade and supplement services provided to you or made available to you through the use of the Software or Content, unless the provision of such updates, upgrades or supplements forms an integral part of the Product, as indicated by TomTom at the time of sale.
   3. Without prejudice to any other rights, TomTom may immediately terminate the License without notice of default being required if you fail to comply with any material term of these Terms and Conditions which shall be understood to include clauses 6 and 9. In such event, you must destroy all copies of the Software and all of its component parts as well as any Content.
   4. Copyright and other intellectual, industrial and/or proprietary rights to the Software, to the Content, and to any copies made of it are owned by TomTom and/or its suppliers. TomTom permits you to use the Software and Content only in accordance with these Terms and Conditions. All rights not specifically granted in these Terms and Conditions are reserved by TomTom. 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 the original is kept solely for backup or archival purposes. Product manual(s) or written materials may not be copied, except for your own use. You may not copy, download, upload or in any other way reproduce Content, except for creating one copy solely for backup or archival purposes. You do not acquire ownership of the Software or Content.
   5. You acknowledge and agree that the Products were developed at considerable time and expense by TomTom and are confidential to, and a trade secret of, TomTom and/or other third parties. You undertake to maintain the Products in strict confidence and not to disclose or provide access to the Product to any third party.
7. Subscriptions
   1. Subscriptions will be entered into for an indefinite period of time, unless TomTom and you have agreed on a fixed period of time.
   2. If your Subscription is for an indefinite period of time, either you or TomTom may terminate your Subscription by taking a notice period into account of 30 days (your notice to be sent: by e-mail via www.tomtom.com/support. This notice period starts on the first collection date after receipt of your notice of termination by TomTom. If your Subscription is for a fixed period of time, it will automatically end upon expiration of such period of time.
   3. TomTom reserves the right to change the prices for or the terms and conditions applicable to your Subscription, subject to giving you prior notice thereof (either via email, the TomTom website or otherwise.. If such change will result in higher prices or otherwise works towards your disadvantage (but not in case the higher prices result from higher government levies or taxes), you may terminate your Subscription prior to and against the date such change comes into effect by sending an e-mail via www.tomtom.com/support.
   4. TomTom may terminate your Subscription as per the end of a calendar month by providing at least 30 days prior notice if TomTom decides to discontinue offering such Subscription.
   5. TomTom may terminate your Subscription with immediate effect without notice of default being required if (i) you fail to comply with any material term of these Terms and Conditions which shall be understood to include clauses 6 and 9 or (ii) collection through the Payment Service for Subscriptions should fail after a second attempt.
   6. Upon termination of your Subscription, your License as detailed in clause 6 will terminate simultaneously.
8. Third Party Software Materials
   • TomTom Products may make use of third party software codes, data, information functionality, other content and algorithms ("Third Party Materials"). The use of Third Party Materials included in the Products may be subject to other terms and conditions. The official copyright notices and specific license conditions of these Third Party Materials are to be found in or via our website www.tomtom.com/legal. You hereby agree that the submission of any order implies that you have read and accepted the terms and conditions for any Third Party Materials included in the Products ordered.
9. Other Restrictions
   • Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Products is prohibited. Other than as permitted by applicable legislation, you will not, and will not allow any person to, modify the Products or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Products, or to break or circumvent encryption or to allow or enable third parties to do so.
10. Limited Warranty
    1. TomTom does not and cannot warrant that the Products operate in a manner that is completely error-free nor that any information provided is always accurate. Calculation errors may occur when using navigation systems such as those caused by local environmental conditions and/or incomplete or incorrect data.
    2. TomTom offers a limited warranty that the Hardware will be free from defects in workmanship and materials under normal use ("Defects") for a period of one (1. year from the date the Hardware was purchased ("Warranty Period"). Any warranty obligation of TomTom under this Section is expressly conditioned on your compliance with this Agreement. During the Warranty Period, the Hardware will be repaired or replaced by TomTom ("Limited Warranty") without charge for either parts or labor. If the Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire six (6) months after the date of repair. This warranty does not cover Services.
    3. This Limited Warranty does not cover damage caused by normal wear and tear or as a result of the Hardware being opened or repaired by someone not authorized by TomTom, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware.
    4. EXCEPT FOR THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOMTOM AND ITS SUPPLIERS PROVIDE THE PRODUCTS "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, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, TITLE, SATISFACTORY QUALITY, 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 REASONABLE CARE AND SKILL, ALL WITH REGARD TO THE PRODUCTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCTS OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCTS.
    5. In order to make a claim under the Limited Warranty of a Defect, you must contact TomTom by email during the Warranty Period via www.tomtom.com/support to explain the Defect and to obtain a Return Materials Authorization number if necessary. The Software or Hardware must be returned to TomTom as soon as possible following your notification of the Defect, along with an explanation of the Defect, to the address provided by TomTom. You must comply with any other return procedures stipulated by TomTom, if any.
    6. This Limited Warranty is the only express warranty made to you and is provided in place of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
    7. If applicable law requires any implied warranties with respect to the Hardware, all such warranties are limited in duration to one (1. years. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you. The provisions of this clause 10 do not affect any of your legal rights under applicable national legislation governing the sale of consumer goods.
    8. This Limited Warranty is not transferable.
    9. This clause 9 sets forth your sole and exclusive remedy in connection with any warranties granted by TomTom hereunder.
       Some jurisdictions do not allow limitations on how long an implied warranty lasts and/or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
11. Limitation of Liability
    1. NEITHER TOMTOM NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE OR ACCESS THE PRODUCTS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKe. ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS, EVEN IF TOMTOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. 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 ARISING FROM OR RELATED TO THE USE OF THE PRODUCTS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS CONCERNED.
    3. Notwithstanding articles 11(a. and (b.,or anything else contained in these Terms and Conditions neither party's liability for death or personal injury resulting from its own negligence shall be limited.
    4. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The above limitation of liability does not affect any legal rights under the applicable national legislation.
12. Export Controls
    • You will comply with all applicable laws and regulations, including without limitation the U.S. Export Administration Act, regarding the export of technology with respect to the Products.
13. Force Majeure
    • Force majeure means circumstances that impede the fulfillment of TomTom's obligations under these Terms and Conditions which are not within TomTom's reasonable control, including late and/or delayed deliveries and incomplete deliveries by TomTom caused by circumstances beyond TomTom's reasonable control. In a force majeure situation all of TomTom's obligations shall be suspended. Should the period in which TomTom cannot fulfill its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.
14. Privacy
    • TomTom will not disclose information regarding your personal details, account or transactions to any third party other than in accordance with its Privacy Policy, as indicated on the website www.tomtom.com/legal. You hereby agree that you have read and accepted the Privacy Policy.
15. Links to Third Party Websites
    • TomTom is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where TomTom provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by TomTom of the third-party site or service.
16. Third Party Rights
    • Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
17. Survival
    • Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.
18. Severability
    • If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You and TomTom are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.
19. Governing law
    • These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to the laws of Massachusetts. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by the courts of Boston, which will have exclusive jurisdiction in respect of any such disputes.
20. Translations
    • This English version of these Terms and Conditions is the version that governs your purchase, of Products from TomTom if you are located in the Unites States of America.