Moxy Moxy5, Руководство пользователя, Страница: 17 / 20

16
4.1 Confidentiality: You acknowledge the confidentiality of the Software. At all times during the
Term and thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall
not use for your benefit or any other individual or entity, confidential information of Garmin.
4.2 Prohibitions: All intellectual property rights in the Software shall remain with Garmin. You
shall not remove, obscure or alter any copyright, trademark, restrictive legend or other proprietary
rights notices contained in the Software or the Device. You shall not reverse engineer, de-compile,
disassemble or create derivative works of the Software or the Device.
5. Indemnification: You agree to indemnify, defend and hold ham1less Garmin and its directors,
officers, employees, independent contractors and agents (each a "Garmin Indemnified Party") from
any and all claims, losses, liabilities, damages, expenses and costs (including without limitation
attorney's fees and court costs) (collectively " Losses") incurred by a Garmin Indemnified Party as a
result of your breach of this Agreement, a breach of any certification, covenant, representation or
warranty made by you in this Agreement, or claims otherwise related to or arising from your use of
the Device.
6. Term and Termination
6.1 Term: The term of this Agreement shall continue for as long as you use the Device. However,
this Agreement and all rights granted by Gam1in hereunder will terminate automatically without
notice from Garmin if you fail to comply with any of its terms or conditions. Garmin also reserves
the right to discontinue offering any data or services provided by a third party if such supplier
ceases to supply such data or services to Garmin or Garmin' s contract with such supplier terminates
for any reason.
6.2 Effect of Termination: Upon the termination of this Agreement for any reason, you shall
immediately cease all use of the Device, and erase and destroy all copies of Garmin confidential
information in your possession or control. The provisions of Sections 3, 4, 5, 6, 7 and 8 wi ll
survive any termination of this Agreement. Garmin will not be liable for compensation, indemnity,
or damages of any sort as a result of terminating this Agreement in accordance with its terms, and
termination of this Agreement will be without prejudice to any other right or remedy Garmin may
have, now or in the future.
7. NOW ARRANTY; DISCLAIMER OF ACTUAL AND CONSEQUENTIAL DAMAGES
(a) EXCEPT FOR THE MANUFACTURER'S LIMITED WARRANTY APPLICABLE TO THE
DEVICE AND EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, THE
SOFTWARE IS PROVIDED ON AN "AS-IS", "WHERE IS" AND "WITH ALL FAULTS"
BASIS. GARMIN AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-