TERMS OF USE TomTom Websites

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1 TERMS OF USE TomTom Websites 1 Scope These Terms of Use apply to the use of TomTom Websites and contain your rights, obligations and restrictions when using TomTom Websites. By continuing to use this TomTom Website you accept and are bound by all these Terms of Use and any amendments and additions to it. TomTom may change these Terms of Use at any time with or without prior notice, effective upon its posting on the TomTom Websites. Please check the TomTom Websites regularly. Your continued use of the TomTom Websitesshall be considered your acceptance to the revised Terms 2 DEFINITIONS Built-in Device Any Product built-in into a vehicle and sold via a third party to you. Product Any hardware, items and accessories, including but not limited to: All navigation devices (excluding the Built-in Devices) Sports devices Accompanying items and accessories Terms and Conditions The General TomTom Terms and Conditions as found at Terms of Use These Terms of Use TomTom Websites. Third Party Material Content, software codes, data, information, functionality, other content and algorithms licensed or otherwise made available by others than TomTom. TomTom Content 1

2 All information, text, files, scripts, graphics, photos, sounds, music, videos, interactive features, functionalities or other similar materials, made available by TomTom. TomTom Websites All websites made available by TomTom, which are accessible by you without prior registration or logging in, including, but not limited to: User Any userof atomtom Website. 3 GENERAL REMARKS PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING TOMTOM WEBSITES. The TomTom Websites are sites operated by either TomTom Inc. if you reside in the US or Canada, or TomTom International BV if you reside elsewhere. If you reside in the U.S. or Canada, these Terms of Use are entered into between you and TomTom Inc., a Massachusetts corporation 24 New England Executive Park # 410, Burlington, MA 01803, USA, Company number (ID number): ;; otherwisethese Terms of Use are entered into between you and TomTom International B.V. a private company with limited liability, having its corporate seat in Amsterdam, its registered address at De Ruijterkade 154 (1011 AC) Amsterdam, the Netherlands and registered in the trade register of the Chamber of Commerce in The Netherlands under number , and holding the VAT number NL B.01.(in either case "TomTom"). By accessing or using atomtom Website, you acknowledge that you have read, understand and agree to be bound by these Terms of Use, andthe applicable law, regardless of whether you have a registered account with TomTom or not. If you do not agree to these Terms of Use, please do not use the TomTom Websites. Additional terms, including the Terms and Conditions[ may apply to a purchase via the TomTom Websites and you may be requested to explicitly accept such additionalterms. Such additional terms may be in addition to these Terms of Use or, to the extent they are inconsistent with the content or intent of these Terms of Use, such additional terms will supersede these Terms of Use. You agree that any notice, agreement, disclosure or other communication that TomTom sends you electronically when you use the TomTom Website will satisfy any legal communication requirements. 2

3 Although care has been taken to ensure the accuracy of the information on thetomtom Websites, TomTom assumes no responsibility therefor. These TomTom Websites and the TomTom Content are provided as is and as available.we may update the TomTom Websites from time to time, and may change the TomTom Content at any time.the TomTom Websites may contain references to specific TomTom Content that may not be available or shall not become available at any time in a particularcountry. Please contact our local representative for further information. 4 USE RESTRICTIONS You may use the TomTom Websites and the TomTom Content only for lawful purposes. You agree not to change or delete any ownership notices from materials downloaded, printed or otherwise obtainedvia the TomTom Websites. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any content available through the TomTom Websites. You may not: (i) modify, alter, edit, merge or otherwise change the search results from the format or order in which they are delivered to you via the TomTom Websites, including, modifying, altering, editing, or otherwise changing any trademarks which are displayed as part of the search results; (ii) combine, co-mingle or merge the search results with any other search services results including Google Local Search; (iii) on-sell, commercialize, syndicate or otherwise derive any revenue, either directly or indirectly, or permit any third party to derive revenue from the search results; (iv)undertake any action which would prevent, hinder, distort or otherwise interfere with TomTom s ability to calculate any advertising revenues generated from the search results. You agree not to use the TomTom Websites in any manner that might interfere with the rights of third parties. You agree not to use any data mining, robots, scraping (including screen-scraping) or similar data gathering methods. You agree not to take any action that might compromise the security of the TomTom Websites, render the TomTom Websites inaccessible to others or otherwise damage the TomTom Websites or the TomTom Content. TomTom reserves the right to suspend or terminate your access to the TomTom Websites if TomTom believes - in its sole discretion - you have violated these Terms of Use. 5 INTELLECTUAL PROPERTY All intellectual property in and to the TomTom Websites is owned by TomTom, its affiliates and its licensors, which includes (without limitation) materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the TomTom name and the two-hand logo) are owned, registered and/or licensed by TomTom N.V. and its affiliates. All content on the TomTom Websites is a 3

4 collective work under the United States and/or the Netherlands and other copyright laws and is the proprietary property of TomTom. All rights are reserved. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you. Software made available e.g. by downloading or streaming from or via TomTom Websites is licensed subject to the terms of the applicable license agreement or other applicable terms. Except as set forth in the applicable license agreement or other terms, as aforementioned, the software is made available for use of the TomTom Websites only and any further copying, reproduction or redistributions of the software is expressly prohibited.warranties, if any, with respect to such software shall only apply as expressly set forth in the applicable license agreement. TomTom hereby expressly disclaims all further representations and warranties of any kind, express or implied, with respect to such software. 6 PRIVACY AND COOKIES Our privacy statement[ which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on the TomTom Websites and the use of cookies.if you want to read more about how TomTom deals with information relating to you and the use of cookies by TomTom, please have a look at TomTom's privacy statement at our website tomtom.com/legal/privacy. 7 Third Party Websites The TomTom Websites may contain links to third party websites, solely for your convenience.tomtom does not endorse, monitor or have any control over these third party websites, which have separate terms of use and privacy policies. If you use these links, you will leave our website. TomTom is not responsible for the content or policies of third party websitesand you access such third partywebsites at your own risk. 8 MOBILE SERVICES AND ACCESS If the TomTom Websites contain features that are available to certain mobile devices or via connection through such a mobile device (e.g. tethering) you acknowledge and agree that your carrier's rates and fees apply, including in some cases, additional tethering fees. Not all mobile services will work with all carriers or Products. 9 INDEMNIFICATION You agree to indemnify, defend, and hold harmless TomTom, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of the TomTom 4

5 Websites, your conduct in connection with the TomTom Websites or with other Users, or any violation of these Terms of Use, any law or the rights of any third party. 10 WARRANTY DISCLAIMER The TomTom Websites, including the TomTom Content and Third Party Material found on these TomTom Websites are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, TomTom disclaims all warranties, express or implied, as to the operation of the TomTom Websites and as to the TomTom Content. TomTom does not warrant or make any representations as to the security of thetomtom Websites. You acknowledge any information sent may be intercepted by unauthorised third parties and TomTom cannot guarantee and does not promise any specific results from use of the TomTom Websites. TomTom does not represent or warrant that the TomTom Websites will be uninterrupted or error-free, that any defects will be corrected, or that the TomTom Websites or the server that makes the TomTom Websites available are free of viruses or anything else harmful. To the fullest extent permitted by law, TomTom does not make any warranties or representations regarding the use of the TomTom Content on the TomTom Websites in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain TomTom Content at your own risk, and that you will be solely responsible for your use and any damage to your device via which you access the TomTom Websites, loss of data or other harm of any kind that may result. TomTom reserves the right to change any and all TomTom Content and other items used or contained in the TomTom Websites at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. 11 LIMITATION OF LIABILITY Nothing in these Terms of Use excludes or limits TomTom's liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or in respect of the implied warranties in sections 12 to 15 of the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or your legal rights in respect of defective products or products which are not as described or for or any other liability that cannot be excluded or limited by applicable law. Subject to the above, to the maximum extent permitted by applicable law, neither TomTom nor its affiliates, suppliers and/or subcontractors shall be liable to you or any third party for any direct, special, incidental, indirect or consequential damages, including for any lost profits, loss of business, business interruption, damages whether in contract, tort (including negligence), breach of statutory duty or otherwise arising under or in connection with: The use of or the inability to access the TomTom Websites; 5

6 Use of or reliance on any TomTom Content displayed on the TomTom Websites; lost data or information, or the like that result from the access of, the use of, or the inability to access or use the TomTom Websites including the TomTomContent; or The conduct of other Users (whether online or offline) or attendance at a TomTom event. Even if TomTom has been advised of the possibility of such damages. You assume total responsibility for your use of the TomTom Websites and the TomTom Content. Your only remedy against TomTom for use of the TomTom Websites is to stop using the TomTom Websites. We will not be liable for any loss or damage caused by a virus, distributed denial-ofservice attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the TomTom Websites or to your downloading of any TomTom Content or on any website linked to it. That said, if TomTom is found to be liable to you for any damage or loss which is in any way connected with your (inability to) access and/or use the TomTom Websites, TomTom's aggregate liability under the TomTom Websites for any one or more claims shall not exceed US$ Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any Product(s) to you, which will be set out in our Terms and Conditions [ 12 Applicable law and competent court If you are a resident of the U.S. or Canada, you agree that these Terms of Use and the TomTom Content are governed in all respects by the laws of the State of New York, USA without regard to its choice of law provisions and that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Terms of Use or the TomTom Content shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New York City, New York, USA. If you reside outside of the U.S. or Canada, all disputes, claims and legal proceedings directly or indirectly arising out of the Terms of Use or the TomTom Content shall be subject to Dutch law, without regard to any conflicts of law principles that would result in the application of the law of any other jurisdiction and shall be exclusively settled by the courts of Amsterdam, The Netherlands. The 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply to the TomTom Websites or these Terms of Use and is hereby expressly disclaimed. 6

7 13 MISCELLANEOUS Except as prohibited by applicable law, any cause of action or claim you may have with respect to the TomTom Websites must be commenced within one (1) year after the claim or cause of action arises. TomTom's failure to insist upon or enforce strict performance of any of the Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of the Terms of Use. TomTom may assign its rights and delegate its duties under the Terms of Use to any party at any time without notice to you. 14 SEVERABILITY If any provision in the Terms of Use is held invalid, the remainder shall continue to be enforceable. If any provision in the Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable and the remaining provisions are still valid and enforceable. 15 Questions or remarks Should you have any questions, suggestions, complaints or remarks concerning the TomTom Websites or these Terms of Use, or if you desire to contact TomTom for any reason, please do so by via *** 7

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