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Lisbon.book Page 19 Thursday, March 1, 2007 8:39 AM

WARRANTOR

U.S. and Canadian Purchases: If you have made your purchase in

the United States or Canada, this Limited Warranty is granted by

and this Limitation of Liability is stipulated for the benefit of

TomTom Inc., 150 Baker Avenue Extension, Concord

Massachusetts 01742 (United States of America).

WHAT THIS WARRANTY COVERS

1) TomTom Inc. ("TomTom") warrants to the original purchaser

("you") of the hardware with which this Limited Warranty is

included ("Hardware") 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 that the Hardware was first

purchased by you ("Warranty Period"). During the Warranty Period

the Hardware will be repaired or replaced at TomTom's choice

("Limited Warranty") without charge to you for either parts or

labour. This Limited Warranty covers the replacement of the

Hardware only. 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.

WHAT THIS WARRANTY DOES NOT COVER

2) The Limited Warranty does not apply to normal wear and tear,

does not apply when the Hardware is opened or repaired by

someone not authorized by TomTom and does not cover repair or

replacement of any Hardware or part thereof damaged 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. This

Limited Warranty does not cover any software that may accompany

or be installed on the Hardware. The Limited Warranty does not

cover the installation, removal or maintenance of the Hardware or

any costs related herewith.

HOW TO MAKE A WARRANTY CLAIM

3) In order to make a claim of a Defect, you must contact TomTom

during the Warranty Period at: 1-978-287-9555 or per email via

www.tomtom.com to explain the Defect and to obtain an RMA

number (Return Materials Authorization) if necessary. You must

return the Hardware during the Warranty Period, along with an

explanation of the Defect, to the address provided to you by

TomTom. If a defect arises and a valid claim under this Limited

Warranty is received by TomTom after the first one hundred and

eighty (180) days of the Warranty Period, TomTom is entitled to

charge you for any reasonable shipping and handling costs made in

connection with the repair or replacement of the Hardware. You

must comply with any other return procedures stipulated by

TomTom, if any.

YOUR LEGAL RIGHTS

4) This Limited Warranty gives you specific legal rights, and you

may also have other rights which vary from state to state and

jurisdiction to jurisdiction.

5) If any part of this Limited Warranty is held to be invalid or

unenforceable, the remainder of the Limited Warranty shall

nonetheless remain in full force and effect.

TomTom Limited Warranty

6) This Limited Warranty is the only express warranty made to you

and is provided in lieu of any other express warranties or similar

obligations (if any) created by any advertising, documentation,

packaging, or other communications.

7) Except for the Limited Warranty and to the maximum extent

permitted by applicable law, TomTom and its suppliers provide the

Hardware "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, satisfactory

quality, fitness for a particular purpose, reliability or availability,

accuracy or completeness of responses, results, workmanlike

effort, lack of viruses, and reasonable care and skill, all with regard

to the Hardware, and the provision of or failure to provide support

or other services, information, software, and related content

through the Hardware or otherwise arising out of the use of the

Hardware. This exclusion does not apply to (i) any implied condition

as to title and (ii) any implied warranty as to conformity with

description. If applicable law requires any implied warranties with

respect to the Hardware, all such warranties are limited in duration

to ninety (90) days. Some states and/or jurisdictions do not allow

limitations on how long an implied warranty lasts, so the above may

not apply to you.

8) This Limited Warranty cannot be transferred to any other person.

LIMITATION OF LIABILITY

9) 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 the equipment or access data, 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 Hardware even if

TomTom has been advised of the possibility of such damages.

10) 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 shall be limited to the amount actually paid by you for the

Hardware.

11) Notwithstanding the above, neither party's liability for death or

personal injury resulting from its own negligence shall be limited.

12) Some states and/or jurisdictions do not allow the exclusion or

limitation of incidental or consequential damages, so the above

limitations or exclusions may not apply to you.

TomTom Limit-

ed Warranty