agree not to otherwise reproduce, archive, copy,
modify, decompile, disassemble, reverse engineer or
create derivative works of any portion of the Garmin
Products, and may not transfer or distribute it in any
form, for any purpose, except to the extent permitted
by mandatory laws. Garmin also reserves the right to
discontinue offering any Content supplied by any
third party supplier if such supplier ceases to supply
such content or Garmin's contract with such supplier
terminates for any reason.
Restrictions.
Except where you have been
specifically licensed to do so by Garmin, and without
limiting the preceding paragraphs, you may not use
the Garmin Products with any products, systems, or
applications installed or otherwise connected to or in
communication with vehicles, and which are capable
of dispatch, fleet management or similar applications
where the Content is used by a central control center
in dispatching a fleet of vehicles. In addition, you are
prohibited from renting or leasing the Garmin
Products to any other person or third party. Only
those rental car companies that are specifically
authorized by Garmin in writing to rent Garmin
products containing the Content to their rental
customers are permitted to rent out such products.
You agree to be fully responsible for your own
conduct and content while using the Software and for
any consequences thereof. You agree to use the
Software only for purposes that are legal, proper and
in accordance with this Agreement and any
applicable policies or guidelines. By way of example,
and not as a limitation, you agree that when using the
Software, You will not:
• upload, post, email or transmit or otherwise make
available content that infringes any patent,
trademark, copyright, trade secret or other
proprietary right of any party, unless you are the
owner of the rights or have the permission of the
owner to post such Content;
• use the Software or other content for any illegal or
unauthorized purpose; or
• transmit any viruses, worms, defects, Trojan
horses, or any items of a destructive nature.
In the event that you are located outside of the United
States, you agree to comply with any laws, rules or
regulations in your locale or in the location of your
web server regarding online conduct and acceptable
content, including laws regulating the export of data
to the United States or your country of residence.
Data Transfer. Certain services in connection with
the Application may result in a transfer of data from
your device. In that case, additional charges for data
transfer may arise, depending on your device data
plan. Please contact your data provider for details
about any additional charges.
No Warranty.
The Garmin Products are provided to
you "as is," and you agree to use them at your own
risk. Garmin and its licensors including the licensors,
service providers, channel partners and suppliers,
and affiliated companies of Garmin and its licensors,
make no guarantees, representations or warranties of
any kind, express or implied, arising by law or
otherwise, including but not limited to, content,
quality, accuracy, completeness, effectiveness,
reliability, merchantability, fitness for a particular
purpose, usefulness, use or results to be obtained
from the Garmin Products, or that the Content or
server will be uninterrupted or error-free. The Garmin
Products are intended to be used only as
supplementary travel aids and must not be used for
any purpose requiring precise measurement of
direction, distance, location or topography. GARMIN
MAKES NO WARRANTY AS TO THE ACCURACY
OR COMPLETENESS OF THE MAP DATA OR
OTHER CONTENT.
Disclaimer of Warranty.
GARMIN AND ITS
LICENSORS, including the licensors, service
providers, channel partners, suppliers and affiliated
companies of Garmin and its licensors, DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED, OF
QUALITY, PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT OF THE GARMIN
PRODUCTS. NO ORAL OR WRITTEN ADVICE OR
INFORMATION PROVIDED BY GARMIN OR ITS
SUPPLIERS AND LICENSORS SHALL CREATE A
WARRANTY, AND YOU ARE NOT ENTITLED TO
RELY ON ANY SUCH ADVICE OR INFORMATION.
THIS DISCLAIMER OF WARRANTIES IS AN
ESSENTIAL CONDITION OF THIS AGREEMENT.
Some States, Territories and Countries do not allow
certain warranty exclusions, so to that extent the
above exclusion may not apply to you.
Disclaimer of Liability. GARMIN AND ITS
LICENSORS , including the licensors, service
providers, channel partners, suppliers and affiliated
companies of Garmin and its licensors, SHALL NOT
BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM,
DEMAND OR ACTION, IRRESPECTIVE OF THE
NATURE OF THE CAUSE OF THE CLAIM,
DEMAND OR ACTION ALLEGING ANY LOSS,
INJURY OR DAMAGES, DIRECT OR INDIRECT,
WHICH MAY RESULT FROM THE USE OR
POSSESSION OF THE GARMIN PRODUCTS; OR
FOR ANY LOSS OF PROFIT, REVENUE,
CONTRACTS OR SAVINGS, OR ANY OTHER
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF
YOUR USE OF OR INABILITY TO USE THE
GARMIN PRODUCTS, ANY DEFECT IN THE
CONTENT OR INFORMATION, OR THE BREACH
OF THESE TERMS OR CONDITIONS, WHETHER
IN AN ACTION IN CONTRACT OR TORT OR
BASED ON A WARRANTY AND WHETHER
RESULTING FROM THE USE, MISUSE, OR
INABILITY TO USE THE GARMIN PRODUCTS OR
FROM DEFECTS OR ERRORS IN THE
APPLICATION, EVEN IF GARMIN OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. GARMIN'S
AND ITS LICENSORS' TOTAL AGGREGATE
LIABILITY WITH RESPECT TO ITS OBLIGATIONS
UNDER THIS LICENSE AGREEMENT OR
OTHERWISE WITH RESPECT TO THE
