LICENSE AGREEMENT FOR GARMIN SOFTWARE
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By electronically clicking the "I Accept" box, you ("You" or "Your") accept and agree to be bound by the following terms and conditions (the "Agreement").

THIS SOFTWARE IS OWNED BY GARMIN LTD. OR ITS SUBSIDIARIES ("GARMIN") AND IS PROTECTED UNDER COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES. THIS SOFTWARE IS LICENSED, NOT SOLD. THIS SOFTWARE IS PROVIDED UNDER THE FOLLOWING AGREEMENT, WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES AND OTHER TERMS.
 

1. LICENSE: GARMIN ("we" or "us") provides you with its certain computer software in a downloadable or other format (the "Software") and grants you a limited, non-exclusive, non-transferable and non-sublicensable, revocable license to use the Software in accordance with the terms of this License Agreement. The copyright and all other rights to the Software shall remain with us. 
 
2. YOU MAY: 

a) install and use one copy of the Software on a single computer or network for personal use of the Software in accordance with this License Agreement. This copy is to be used by only a single user at a time. If you wish to use the Software for more users, you will need an additional license for each user. 



3.LICENSE RESTRICTIONS:  

a)  You have no rights with respect to the Software or any portion thereof and shall not use the Software or any portion thereof except as expressly set forth herein. Without limiting the generality of the foregoing, You agree not to (i) reverse engineer, decompile, disassemble, modify or create derivative works of the Software; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the Software, any portion thereof or any accompanying documentation to any third party; or (iii) cause, assist or permit any third party (including an end-user) to do any of the foregoing.

(b)  Specifically excluded from the license set forth in this Agreement are any uses or operation of the Software in connection with any products, systems, applications or hardware other than devices manufactured by GARMIN or any of its subsidiaries.

(c)  You agree to be fully responsible for your own conduct and content while using the Software and for any consequences thereof. You agree to use the Software only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Software, You will not:
• upload, post, email or transmit or otherwise make available content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights or have the permission of the owner to post such Content;
• use the Software or other content for any illegal or unauthorized purpose;
• remove or alter any copyright, trademark or other proprietary rights notices contained in the Software or any other GARMIN content, including but not limited to maps and/or driving directions; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
In the event that You are located outside of the United States, You agree to comply with any laws, rules or regulations in your locale or in the location of your web server regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

4. TERM AND TERMINATION:  This License shall continue for as long as you use the Software.  However, this License will terminate automatically without notice from GARMIN if you fail to comply with any of its terms or conditions.  In addition, GARMIN reserves all rights to discontinue Your access to the Software at any time, at GARMIN’S sole discretion, for any reason, with or without notice.  You must agree, upon termination, to destroy all copies of the Software. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.  Upon the termination of the License for any reason (i) all license rights granted herein shall terminate; and (ii) You shall immediately cease all use of the Software.

5. LIMITATION OF WARRANTIES AND LIABILITY: THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY  WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SOFTWARE AND GARMIN DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE RESULTING FROM USE OF THIS PRODUCT, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT GARMIN HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE. IN NO EVENT SHALL GARMIN HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.  WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. Some states do not allow the exclusion of incidental or consequential damages or the limitation of duration of an implied warranty so the above limitations may not apply to you. 

ANY CONTENT OR MATERIAL DOWNLOADED OR UPLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR MATERIAL OR THE USE OF THE SOFTWARE.

IT IS YOUR RESPONSIBILITY TO USE ANY GARMIN PRODUCT PRUDENTLY AND TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS AND DIRECTIONS, AND, IN THE CASE OF MARINE USAGE, BUOYS, LIGHTS AND OTHER NAVIGATION AIDS.  

6. RESTRICTED RIGHTS:  If this Software is acquired by or for the U.S. Government, then it is provided with Restricted Rights.  Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7018, or  subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable.  The contractor/manufacturer is Garmin International, Inc., 1200 East 151st Street, Olathe, KS 66062, USA.

7.  INDEMNIFICATION:  You agree to indemnify and hold harmless GARMIN, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Software, violation of this Agreement or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, GARMIN will provide You with written notice of such claim, suit or action.

8.  INTELLECTUAL PROPERTY: You acknowledge that GARMIN owns all right, title and interest, including without limitation all intellectual property rights, in and to the Software and that You shall not acquire any right, title or interest in or to the Software, except the limited license expressly set forth in this Agreement.

9. GENERAL:  This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of Kansas, United States of America. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.

10. The items or Software may contain information that is subject to the Export Administration Regulations (“EAR”) issued by the United States Department of Commerce (15 C.F.R., Chapter VII Subchapter C) and that may not be exported, released or disclosed to certain destinations and foreign nationals except in compliance with U.S. law.  The preceding statement is required to be included on any and all reproductions in whole or in part of this item or Software.


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