Raymarine GPS Plotter Owner'S Handbook Manual Download Page 118

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This equipment uses certain elements of software supplied to Raymarine by SiRF Tech-
nology Inc., to which the following licence agreement applies. Please read it carefully.

SiRF LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY:

This is a legal agreement (the “Agreement”) between SiRF Technology Incorporated, which has offices
at 3970 Freedom Circle, Santa Clara, California 95054 (“SiRF”) and you. It is important that you read
this document before using the software embedded in the product (the “Software”). By using the
Software, you agree to be bound by these terms and conditions

1. GRANT OF LICENSE. SiRF grants to you, subject to the terms and
conditions of this Agreement, a non-exclusive, non-transferable
right and license to use the Software only as part of the product in
which it is embedded. You have no other rights to the Software. You
may not copy, modify, disassemble, reverse engineer or decompile
the Software. You agree not to remove, obliterate, or hide any copy-
right, trademark, confidentiality, patent or other proprietary notice,
mark or legend appearing on the Software or on output generated by
the Software.

2. OWNERSHIP. The Software is licensed, not sold. All right, title and
interest in and to the Software in any form be the sole property of
SiRF and/or its suppliers.

5. ASSIGNMENT. This Agreement shall inure to the benefit of and
be binding upon each party’s permitted successors and assigns.

6. GOVERNING LAW. The validity, interpretation, construction and
performance of this Agreement shall be governed by the laws of
the State of California, excluding its conflict of laws principles.

3. LIMITED WARRANTY REMEDIES; DISCLAIMER; LIMITATION OF
LIABILITY

Limited Warranty. SiRF warrants that for a period of ninety (90) days
the Software will be in substantial compliance with SiRF’s applicable
written technical documentation for the Software. SiRF shall, at its
option, modify or replace all non-conforming Software. The forego-
ing remedy for breaches of the Software warranty is your exclusive
remedy, and you hereby waive all other remedies.

7. LEGAL REQUIREMENTS. You may not export, re-export, divert,
transfer or disclose, directly or indirectly the Software and any
related technical information or materials without complying
strictly with all legal requirements. You agree to comply with all
applicable federal, state and local orders, laws, regulations and
ordinances, including specifically United States federal govern-
ment regulations relating to use of products containing global
positioning systems technology.

Disclaimer of Warranties. THE SOFTWARE IS LICENSED “AS IS.”
EXCEPT AS SET FORTH IN THIS SECTION 3, SiRF DOES NOT REPRE-
SENT OR WARRANT THAT ERRORS IN THE SOFTWARE WILL BE COR-
RECTED OR THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR
ERROR-FREE. EXCEPT AS SET FORTH IN THIS SECTION 4, THERE ARE
NO WARRANTIES COVERING THE SOFTWARE, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
DESIGN, MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE,
OR AGAINST INFRINGEMENT. NO AGENT OF SiRF IS AUTHORIZED
TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF SiRF SET
FORTH IN THIS AGREEMENT.

8. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and
Documentation are provided with Restricted Rights. Use, duplica-
tion, or disclosure by the Government is subject to restrictions as
set forth in this Agreement, pursuant to DFARS 227-7202-3 or sub-
paragraphs (c)(i) and (2) of the Commercial Computer Software-
Restricted Rights at 48 CFR 52.227-19, as applicable, or as set forth
in the particular department or agency regulations or rules that
provide SiRF with protection equivalent to or greater than the
above-cited clause. The Manufacturer is SiRF Technology Incorpo-
rated, 3970 Freedom Circle, Santa Clara, California 95054.

Limitation of Remedies and Liability. TO THE EXTENT PERMITTED
UNDER APPLICABLE LAW, SiRF DISCLAIMS LIABILITY, AND SHALL
NOT BE LIABLE TO YOU, FOR ANY LOSS OF PROFIT, INDIRECT, INCI-
DENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATING TO USE OF THE PRODUCT OR THE
SOFTWARE. The maximum aggregate liability of SiRF arising out of
this Agreement and any Product or Software, whether such liability
arises from any claim based on breach or repudiation of contract,
warranty, tort or otherwise, shall in no case exceed the actual price of
the product whose license, use or other employment gives rise to the
liability, to the extent such liability may be limited under applicable
law.

4. TERM AND TERMINATION. This Agreement shall be effective on
the date that you use the Software, and shall continue in effect until
terminated in accordance with this Section 4. SiRF may terminate
this Agreement for material breach by providing thirty (30) days writ-
ten notice to you. Upon termination of this Agreement, all rights
granted by this Agreement shall revert to SiRF, and you shall cease
and desist all use of the Software. The following provisions of this
Agreement shall survive its termination: Sections 2 through 11.

9. MISCELLANEOUS. This Agreement contains the entire under-
standing and agreement between the parties respecting the sub-
ject matter hereof and all prior understandings, representations
and agreements of the parties, whether oral or written, with
respect to the subject of this Agreement are superseded in their
entirety. If any provision of this Agreement shall be held by a court
of competent jurisdiction to be illegal, invalid or unenforceable,
the remaining provisions shall remain in full force and effect. This
Agreement may not be supplemented, modified, amended,
released or discharged except by an instrument in writing signed
by each party's duly authorized representative. This Agreement is
in the English language only, which language shall be controlling
in all respects. The rights and obligations of each party to this
Agreement shall not be governed by the provisions of the United
Nations Convention on Contracts for the International Sale of
Goods. If any action at law or in equity, including an action for
declaratory relief or injunctive relief is brought to enforce or inter-
pret the provisions of this Agreement, the prevailing party shall be
entitled to reasonable attorneys' fees in addition to any other relief
to which the party may be entitled. Any waiver by either party of
any default or breach hereunder shall not constitute a waiver of
any provision of this Agreement or of any subsequent default or
breach of the same or a different kind.