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Garmin Mobile
™
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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
: If the Garmin Mobile Technology is acquired by
or for the U.S. Government, its agencies or instrumentalities, 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. 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.
Limited Warranty
: 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,
