Manual Kenwood dnx 5260bt (page 7 of 112) (English, German, Dutch, French)

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English 7

to submit to the jurisdiction of Illinois for any

and all disputes, claims and actions arising from

or in connection with the Data provided to you

hereunder.

Government End Users. If End User is an agency,

department, or other entity of the United States

Government, or funded in whole or in part by

the U.S. Government, then use, duplication,

reproduction, release, modification, disclosure

or transfer of the Product and accompanying

documentation is subject to restrictions as set

forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD

commercial computer software definition), DFARS

27.7202-1 (DOD policy on commercial computer

software), FAR 52.227-19 (JUN 1987) (commercial

computer software clause for civilian agencies),

DFARS 252.227-7015 (NOV 1995) (DOD technical

data – commercial items clause); FAR 52.227-14

Alternates I, II, and III (JUN 1987) (civilian agency

technical data and noncommercial computer

software clause); and/or FAR 12.211 and FAR 12.212

(commercial item acquisitions), as applicable.

In case of conflict between any of the FAR and

DFARS provisions listed herein and this License,

the construction that provides greater limitations

on the Government’s rights shall control. The

contractor/manufacturer is Garmin International,

Inc., 1200 East 151st Street, Olathe, KS 66062, USA

and NAVTEQ North America LLC, 222 Merchandise

Mart Plaza, Suite 900, Chicago, Illinois 60654.

Traffic Service End-user Subscriber

Agreement

The Traffic Service Provider holds the rights to

the traffic incident data and RDS/TMC network

through which it is delivered. You may not modify,

copy, scan, or use any other method to reproduce,

duplicate, republish, transmit, or distribute in any

way any portion of traffic incident data. You agree

to indemnify, defend, and hold harmless the Traffic

Service Provider (and its affiliates) and Garmin Ltd.

(and its subsidiaries) against any and all claims,

damages, costs, or other expenses that arise

directly or indirectly out of (a) your unauthorized

use of the traffic incident data or the RDS/TMC

network, (b) your violation of this End User

Subscriber Agreement and/or (c) any unauthorized

or unlawful activities by you in connection

herewith.

The Traffic Service Data is informational only. You

assume all risk of use. The Traffic Service Provider,

Garmin Ltd. (and its subsidiaries), and their

suppliers make no representations about content,

traffic and road conditions, route usability, or speed.

Garmin and its Traffic Service Provider(s) make no

warranty of fitness or compatibility of the traffic

data with the Garmin product and no warranty that

the traffic data will operate properly as integrated

and interfaced with the Garmin product. In

addition, Garmin and its Traffic Service Provider(s)

make no warranty with regard to the reliability,

accuracy, exhaustiveness and completeness of

the traffic data, which may contain inaccuracies

and/or errors from time to time. To the maximum

extent permitted by applicable law, any and all

warranties of any kind whatsoever with regard to

the traffic data are hereby expressly waived and

excluded, including, but not limited to, those of

merchantability, fitness for a particular purpose,

accuracy or completeness of the traffic data, and/or

a lack of viruses.

Garmin and its Traffic Service Provider(s) disclaim

all liability for any loss, injury, or damage resulting

from use of or inability to use the Garmin product

and traffic data as a result of weather difficulties,

the destruction of transmitters and/or other

broadcasting infrastructures, a natural disaster, and/

or a lack of reliability, completeness or accuracy

of the traffic data. In no event shall Garmin or

its Traffic Service Provider(s) be liable to you or

any 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 product or the

traffic data, even if Garmin has been advised of the

possibility of such damages.

If you purchase or your Garmin product is pre-

loaded with “lifetime” or “one-time” traffic, you will

receive traffic data for one (1) compatible Garmin

product until your product’s useful life expires

or Garmin no longer receives traffic data from its

Traffic Service Provider. Your traffic subscription

may not be transferred to another person or

another Garmin product. Garmin may terminate

this Agreement for any reason, including, but not

limited to, if Garmin finds that you have violated

any of the terms of this Agreement or the contract

between Garmin and its Traffic Service Provider

terminates.

190-01142-90_0A.indb 7190-01142-90_0A.indb 7 11/30/2009 1:15:47 PM11/30/2009 1:15:47 PM

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Kenwood dnx 5260bt Manual

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