The Garmin device you have purchased (“Device”), or the download that you are making (the “Download”), may contain an application, content, or both. If a Device, the software embedded in it (the “Software”), or if a Download, the application, including its embedded software (collectively, the “Application”) is owned by Garmin Ltd. or its subsidiaries (collectively, “Garmin”). The map data that may be embedded in your Device, the Application or downloaded separately (the “Map Data”) is either owned by Garmin, or by a third party and licensed to Garmin. Garmin also owns, or licenses from third party providers, information, traffic data, text, images, graphics, photographs, audio, video, images and other applications and data that may be embedded in the Device or Application, or downloaded separately (“Other Content”). The Map Data and Other Content are collectively the “Content”. The Software, Application and Content (collectively, the “Garmin Products”) are protected under copyright laws and international copyright treaties. The Garmin Products are licensed, not sold. The structure, organization and code of the Software and Application are valuable trade secrets of Garmin and/or its third-party providers. The Garmin Products are each provided under this License Agreement and are subject to the following terms and conditions which are agreed to by End User (“you” or “your”), on the one hand, and Garmin and its licensors and affiliated companies of Garmin and its licensors, on the other hand. If you are obtaining the Application from a third party application vendor (the “Application Vendor”), you acknowledge that Garmin, and not the Application Vendor, is responsible for the Application. Garmin’s licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Garmin and its licensors, are each a direct and intended third party beneficiary of this Agreement and may enforce their rights directly against you in the event of your breach of this Agreement.
IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING YOUR DEVICE OR DOWNLOADED APPLICATION OR CONTENT. PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING YOUR DEVICE OR DOWNLOADED APPLICATION OR CONTENT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS FOR YOUR PRODUCT, RETURN THE COMPLETE DEVICE WITHIN 7 DAYS OF THE DATE YOU ACQUIRED IT (IF PURCHASED NEW) FOR A FULL REFUND TO THE DEALER FROM WHICH YOU PURCHASED THIS DEVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS FOR YOUR DOWNLOAD, DO NOT PURCHASE, INSTALL OR USE THE DOWNLOAD.
Certain Garmin products, applications or content contain OpenStreetMap data. Please see “OpenStreetMap Terms and Conditions” below for the terms and conditions applicable to such OpenStreetMap Data products, applications and content.
Garmin (“we” or “us”) provides you with the storage media containing the Software and the Content embedded therein, including any “online” or electronic documentation and printed materials in the case of a Device, or in the case of a Download, the Application and the embedded or accompanying Content, including any “online” or electronic documentation and printed materials. Garmin grants you a limited, non-exclusive license to use the applicable Garmin Product in accordance with the terms of this Agreement. You agree to use the applicable Garmin Product for solely personal use, or if applicable, for use in your business’ internal operations, and not for service bureau, time-sharing, resale or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy the applicable Garmin Product only as necessary for your use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Garmin Product in any way. Your use of the Application must not violate any usage rules of the Application Vendor or any other third party service provider you use to enable the Application. You agree not to otherwise reproduce, 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.
Support. If purchased your Application from a third party application vendor and you need operational or technical support and assistance regarding the installation, un-installation, use or operation of the Application, or if you have questions, complaints or claims regarding the Application, contact Garmin at: [email protected].
Acknowledgement of Application Vendor Responsibility. If you purchased your Application from a third party application vendor, the Application Vendor shall have no maintenance or support obligation for the Application, nor any responsibility for addressing any claims from you or any third party regarding the possession or use of the Application, including without limitation product liability claims, claims of failure to meet legal or regulatory requirements or consumer protection laws claims. Further, the Application Vendor shall have no responsibility regarding third party claims of intellectual property rights violations as a result of your possession or use of the Application.
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.
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. 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 APPLICATION OR THE CONTENT SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. If you purchased your Application from a third party application vendor, THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE APPLICATION PURCHASE PRICE.
Disclaimer of Endorsement; Change of Content Providers. Reference to any products, services, processes, hypertext links to third parties or other Content by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Garmin or its licensors. Product and service information are the sole responsibility of each individual vendor. Providers of Map Data and Other Content may be changed by Garmin during the term of this Agreement, and your experience with the Content provided by a new provider may not duplicate your experience with the previous Content supplier.
Export Control. You agree not to export from anywhere any part of the Content or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Indemnity. You agree to indemnify, defend and hold Garmin and its licensors, including the respective licensors, service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of Garmin and its licensors, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of the Garmin Products.
Term. This Agreement is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by Garmin) or expires, or (ii) Garmin terminates this Agreement for any reason, including, but not limited to, if Garmin finds that you have violated any of the terms of this Agreement. In addition, this Agreement shall terminate immediately upon the termination of an agreement between Garmin and any third party from whom Garmin (a) obtains services or distribution necessary to support the Garmin Products, or (b) licenses Content. You agree, upon termination, to destroy all copies of the Content. The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.
Entire Agreement. These terms and conditions constitute the entire agreement between Garmin and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Garmin and its licensors, and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law. Unless specified otherwise in specific sections of this Agreement, this Agreement shall be governed by the laws of Kansas, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of Kansas for any and all disputes, claims and actions arising from or in connection with the Application or Content. Any translation of this Agreement from English is provided as a convenience only. If this Agreement is translated into a language other than English and there is a conflict of terms between the English version and the other language version, the English version will control.
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 Application 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 Agreement, 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, Kansas 66062, USA.
Garmin® is a trademark of Garmin Ltd. or its subsidiaries, registered in the USA and other countries. These trademarks may not be used without the express permission of Garmin.
Certain Garmin products include OpenStreetMap data (http://www.openstreetmap.org). Garmin OpenStreetMap Products are not subject to the End User License Agreement Terms outlined above, but rather are subject to the Terms and Conditions set forth below. OpenStreetMap data is copyright OpenStreetMap contributors and is subject to the Open Database license (http://opendatacommons.org/licenses/odbl/1.0/). Any rights in individual contents of the OpenStreetMap data are licensed under the Database Contents License: http://opendatacommons.org/licenses/dbcl/1.0/.
No Warranty. Garmin OpenStreetMap Products are provided to you “as is,” and you agree to use it 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 OpenStreetMap Products, or that the Content or server will be uninterrupted or error-free. The Garmin OpenStreetMap Products are intended to be used only as a supplementary travel aid 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 MAP DATA IN THE OPENSTREETMAP PRODUCTS.
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. 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 OPENSTREETMAP 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 OPENSTREETMAP 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 OPENSTREETMAP 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 OPENSTREETMAP PRODUCTS OR THE CONTENT SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. If you purchased your Application from a third party application vendor, THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE APPLICATION PURCHASE PRICE.
Collection of Information. We may collect information relating to how often you use the OpenStreetMap Products or the frequency with which certain features of the OpenStreetMap Products are used. This information would be collected anonymously, in a way that does not personally identify you. We may use this information to detect broad user trends and to otherwise enhance our products or applications. If you elect to use location-based services on the OpenStreetMap Products, which may include weather, movie times, traffic information, fuel prices, and information regarding local events, the physical location of your device will be collected in order to provide you with such location-based services. This location data is collected anonymously in a form that does not personally identify you. With your consent, we may also collect and upload information such as your location, speed, and direction in order to enhance the quality of the traffic data and other content. This data is collected anonymously in a form that does not personally identify you.