OPEN SOURCE SOFTWARE LICENSES
You are aware that TomTom may provide products or software that are in whole or in part subject to open source software license(s).
The rights to use such products or software are in whole or in part subject to the terms of the applicable open source software license(s) as further specified via http://www.tomtom.com/page.php?Page=gpl, http://www.tomtom.com/page.php?Page=mpl and http://www.tomtom.com/page/openLR
You and TomTom are each responsible for complying with their respective obligations under the applicable open source software license(s).
Neither you nor TomTom shall do anything that puts the other in breach of its obligations under the open source software license(s).
Nothing in the EULA prevents TomTom from taking the steps it deems necessary to comply with the applicable open source software license(s).
Upon your request, TomTom will provide you with the corresponding machine-readable open source code on a CD. Please contact your TomTom Customer Support center for more information.
Where services are provided by Google, use of those services is subject to the following:
I. Google Terms of Service
II. Google Maps/Google Local Terms of Service
III. Google Maps/Google Local Legal Notices
GO LIVE SERVICES CARRIER DISCLAIMER AND INDEMNIFICATION
With respect to Tomtom's go live services you, the end user, have no contractual relationship with the underlying wireless service carrier and you are not a third party beneficiary of any agreement between Tomtom and the carrier. You understand and agree that the carrier has no legal, equitable or other liability of any kind to you. In any event regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy for any claims arising in any way in connection with this agreement, for any cause whatsoever, including, but not limited to any failure or disruption of service provided hereunder, is limited to payment of damages in any amount not to exceed the amount paid by you for the services during the two-month period preceding the date the claim arose.
You agree to indemnify and hold harmless the underlying wireless service carrier and its officers, employees and agents against any and all claims, including, without limitation claims for libel, slander or any property damage, personal injury or death arising in any way, directly or indirectly, in connection with this agreement or the use, failure to use, or inability to use the number except where the claims result from the underlying carrier's gross negligence or willful misconduct. This indemnity will survive the termination of the agreement.