17
INFRINGEMENT, AS TO THE SOFTWARE. WITHOUT LIMITING THE FOREGOING,
GARMIN DOES NOT WARRANT THAT THE SOFTWARE OR THE OPERATION THEREOF
WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF
VIRUSES OR OTHER HARMFUL AGENTS. NO ORAL OR WRITTEN ADVICE OR
INFORMATION PROVIDED BY GARMIN OR ITS SERVICE PROVIDERS, SUPPLIERS,
CHANNEL PARTNERS AND LICENSORS, OR BY AGENTS AND EMPLOYEES OF
GARMIN, ITS SERVICE PROVIDERS, SUPPLIERS, CHANNEL PARTNERS OR
LICENSORS, SHALL CREATE A WARRANTY FOR THE SOFTWARE, AND YOU ARE NOT
ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.
(b) GARMIN DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE
RESULTING FROM USE OF THE SOFTWARE. IN NO EVENT WILL GARMIN BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE
FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
8. General Legal Terms
8.1 Assignment: This Agreement may not be assigned, nor may any of your obligations under this
Agreement be delegated, in whole or in part, by you by operation of law, merger, or any other
means without Garmin's express prior written consent and any attempted assignment without such
consent will be null and void.
8.2 Severability: If a court of competent jurisdiction finds any clause of this Agreement to be
unenforceable for any reason, that clause of this Agreement shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall
continue if full force and effect.
8.3 Waiver and Construction: Failure by Garmin to enforce any provision of this Agreement shall
not be deemed a waiver of future enforcement of that or any other provision. Any laws or
regulations that provide that the language of a contract will be construed against the drafter will not
apply to this Agreement.
8.4 Government End Users: If you are an agency, department, or other entity of the United States
Government, or funded in whole or in part by the U.S. Government, then use, duplication,
Summary of Contents for Moxy5
Page 1: ...OWNERS MANUAL Model Moxy5...