Garmin Mobile
™
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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.
Traffic.com
™
End-User License
Agreement
The terms and conditions of Traffic.com’s end-user license agreement
(as modified from time to time by Traffic.com) located at
http://corporate.traffic.com/enduser.htm
l is incorporated herein by this
reference.
