Garmin Mobile
™
for BlackBerry
®
set up and go!
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
Kansas, without regard to principles of conflict of laws and without
application of the Uniform Computer Information Transaction Act.
The parties agree that the exclusive jurisdiction and venue of any
dispute amongst the parties shall be entered in the state or federal
courts within the State of Kansas, and each of the parties hereby
waives any right to a trial by jury. If any provision of this Agreement
or the application thereof to any party or circumstance is held to be
invalid, illegal, or unenforceable in any respect, that provision to the
extent permitted by law (not otherwise) shall be severed from this
Agreement and shall not affect the remainder hereof, and the parties
agree to substitute for such provision a valid provision which most
closely approximates the intent and economic effect of such severed
provision. The parties to this Agreement are independent contractors.
Garmin shall not be liable to you for a failure to perform any of its
obligations under this Agreement during any period in which such
performance is delayed due to circumstances beyond its reasonable
control. All notices hereunder must be in writing and mailed by
certified mail, return receipt requested, or by prepaid courier service,
or by facsimile with receipt confirmed by telephone, to each party’s
address.