GARMIN MOBILE END USER LICENSE AGREEMENT ======== IMPORTANT � READ THESE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (�AGREEMENT�) CAREFULLY BEFORE DOWNLOADING, INSTALLING USING OR OTHERWISE ACCESSING ANY GARMIN MOBILE� SOFTWARE, TECHNOLOGY, HARDWARE ACCESSORIES AND/OR DATA PLANS THROUGH A STAND-ALONE THIRD PARTY HARDWARE PRODUCT (�HOST PRODUCT�). BY DOWNLOADING, INSTALLING, USING, OR OTHERWISE ACCESSING THE GARMIN MOBILE TECHNOLOGY, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT LOAD THE GARMIN MOBILE PC SOFTWARE ONTO THE HOST PRODUCT.. Grant of License. Subject to the terms and conditions set forth herein, Garmin International, Inc. and/or its affiliated companies (collectively �Garmin�) grants you a non-transferable, non-exclusive, and non-sub-licensable limited right and license to view, use, and access the Garmin Mobile Technology to (i) retrieve maps, directions, and turn-by-turn navigation data, text, images, graphics, audio, and other images, and (ii) receive other third-party content data, text, images, graphics, photographs, audio, video, and other images from non-Garmin data providers, including such data as fuel price data, weather data, hotel data, and/or traffic data (hereinafter �third-party content data�) for display on the host product, solely for your informational purposes and for your immediate, private, individual, and non-commercial use provided you retain all copyright and proprietary notices contained in the navigation data and/or third-party content data applicable to either Garmin or any third-party provider. All rights not expressly stated herein are reserved by Garmin, and Garmin disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, create compilations or derivative works, translate, adapt, or disassemble the Garmin Mobile Technology or any part thereof, including the third-party content data; (ii) copy or reproduce the Garmin Mobile Technology or any part thereof, including the third-party content data, in any form; (iii) publish, display, disclose, sell, rent, lease, store, loan, distribute, publicly display or perform, co-brand, frame, or permit third parties to link to the Garmin Mobile Technology or any part thereof, including the third-party content data; (iv) assign, sublicense, convey, transfer, pledge as security, or otherwise encumber the rights and licenses granted hereunder; (v) use the Garmin Mobile Technology in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of Garmin, its third-party data providers, or any other third-party; (vi) directly or indirectly use, broadcast, or distribute the Garmin Mobile Technology in connection with a television, radio, web, telephone, or telematics application without the specific written approval of Garmin; (vii) provide any portion of the Garmin Mobile Technology to a government agency; or (viii) enter into any agreement with any third-party that in any way restricts, prevents, or hinders the ability of Garmin to provide to such third-party the Garmin Mobile Technology or any other product or service made available by Garmin from time to time. Charges/Fees. You are responsible for any applicable charges and fees associated with any data plan fees or other subscription charges or fees of any kind whatsoever that may be required to access the Garmin Online� services that are part of the Garmin Mobile Technology. Ownership of Technology. You acknowledge and agree that Garmin owns all right, title, and interest in or, if applicable, licenses to the Garmin Mobile Technology, including, but not limited to, all trademarks, data, and content, except to the extent any such third-party content data is owned by the respective third-party data provider. Any reference to products, services, processes, hypertext links to third parties, or other data by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Garmin or its licensors. Product and service information are the sole responsibility of each individual vendor. Term. This Agreement is effective until such time as the Agreement is otherwise terminated in accordance with the terms and conditions of this Agreement (�Term�). Garmin may terminate this Agreement for any reason, including, but not limited to, if Garmin finds that you have violated any of the terms of this Agreement. In addition, this Agreement shall terminate immediately upon the termination of the agreement between Garmin and any third-party from whom Garmin licenses third-party content data for use as part of or in the Garmin Mobile Technology. All provisions relating to confidentiality, indemnity, proprietary rights, and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination including, but not limited to, all licenses granted hereunder. Confidentiality. At all times during the Term and thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for your benefit or any other individual or entity any Confidential Information of Garmin or any of its third-party data providers. �Confidential Information� means any trade secrets or confidential or proprietary information whether written, digital, oral, or other form which is unique, confidential, or proprietary to Garmin or its third-party data providers, including, but not limited to, the Garmin Mobile Technology, and any other materials or information related to the business or activities of Garmin which are not generally known to others engaged in similar businesses or activities. You shall return to Garmin any of its Confidential Information upon request and/or upon termination of this Agreement. Restricted rights: You agree not to export or re-export the Garmin Mobile Technology or its Host Product to any country in violation of the export control laws of the United States of America. Indemnity. You agree to indemnify, defend and hold Garmin and its licensors and suppliers (including, but not limited to, their respective assignees, subsidiaries, affiliated companies and their respective officers, directors, employees and shareholders, agents and representatives) harmless from and against any and all liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, including, but not limited to, attorneys� fees, arising out of or in connection with your use of or subscription to the Garmin Mobile Technology. Disclaimer of Warranties. THE GARMIN MOBILE TECHNOLOGY IS PROVIDED TO YOU ON AN �AS IS� AND �AS AVAILABLE� BASIS. GARMIN AND ITS SUPPLIERS, INCLUDING THIRD-PARTY DATA PROVIDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM TRADE USAGE OR COURSE OF CONDUCT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OTHER EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, �REAL-TIME� INFORMATION, TITLE, NON-INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTIES RELATING TO THE GARMIN MOBILE TECHNOLOGY OR ITS PERFORMANCE HEREUNDER. Limitation of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE GARMIN MOBILE TECHNOLOGY, AND GARMIN DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY, OR DAMAGE RESULTING FROM USE OF THE GARMIN MOBILE TECHNOLOGY. IT IS YOUR RESPONSIBILITY TO USE THE GARMIN MOBILE TECHNOLOGY PRUDENTLY AND TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS, DIRECTIONS, WEATHER CONDITIONS, AND TRAFFIC CONDITIONS. IN NO EVENT SHALL GARMIN OR ITS SUPPLIERS, INCLUDING THIRD-PARTY DATA PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, DIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GARMIN MOBILE TECHNOLOGY, EVEN IF GARMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, GARMIN�S AND ITS SUPPLIERS� TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE GARMIN MOBILE TECHNOLOGY SHALL NOT EXCEED $1.00. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Miscellaneous. This Agreement constitutes the entire understanding and agreement of the parties (except for any separate end-user license agreements required by Garmin�s third-party data providers, which shall be read in conjunction with this Agreement), and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to its subject matter. No delay or failure by Garmin to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent waiver. No waiver, modification or amendment of any provision hereof will be effective against Garmin unless it is in a signed writing by Garmin. You may not assign your rights or obligations hereunder (including as a change of control) without the prior written consent of Garmin. Subject to the foregoing, this Agreement will bind and inure to the benefit of the successors and permitted assigns of the parties. This Agreement shall be governed and construed in all respects by the laws of the State of Kansa...
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