The software embedded in your Garmin product (the “Software”) is owned by Garmin Ltd. or its subsidiaries (“Garmin”). The map data accessed by, embedded in, downloaded to, or accompanying your Garmin product (the “Map Data”) is owned by one or more third parties and is licensed to Garmin. Garmin also licenses information, text, images, graphics, photographs, audio, video, images and other applications and data that is owned by other third party data providers (“Third Party Content Data”). The Map Data and Third Party Content Data are collectively the “Data”. Both the Software and Data are protected under copyright and other intellectual property laws and international copyright treaties. The Software and Data are licensed, not sold. The Software and Data are provided under the following license 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 (including their licensors and suppliers) and affiliated companies on the other hand. 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.
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE PRODUCT.
Garmin (“we” or “us”) provides you with storage media containing the computer Software (the “Software”) and the embedded or accompanying Data, including any “online” or electronic documentation and printed materials (together called the “Product” for purposes of this License Agreement), and grants you a limited, non-exclusive license to use the Product in accordance with the terms of this Agreement. You agree to use this Data together with the Garmin product for solely personal, 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 this Data only as necessary for your use to (i) view it, and (ii) save it, provided that you do not remove any copyright, trademark or other notices that appear and do not modify the Software or Data in any way. You may not use the Product (including the Data) for any illegal, deceptive, misleading or unethical purpose or otherwise in any manner which may be detrimental to the reputation of Garmin, its licensors or any person. You agree not to otherwise reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Product, and may not transfer, sublicense 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 Data 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 paragraph, you may not use this Data 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 Data is used by a central control center in dispatching a fleet of vehicles. In addition, you are prohibited from renting or leasing the Data or the Garmin products containing the Data 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 Data to their rental customers are permitted to rent out such products.
No Warranty for Product and Data. This Product (including the Data) is provided to you “as is” and you agree to use it at your own risk. Garmin and its licensors (and their licensors and suppliers) make no warranty to the accuracy or completeness of the Data. It is user’s responsibility to use the Product prudently. This Product is intended to be used only as a travel aid and must not be used for any purpose requiring precise measurement of direction, distance, location or topography. Garmin and its licensors (and their licensors and suppliers) 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 Product (including the Data), or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty. GARMIN AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT FOR THE PRODUCT (INCLUDING THE DATA). 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 THEIR LICENSORS AND SUPPLIERS) 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 INFORMATION; 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 THIS INFORMATION, ANY DEFECT IN THE DATA OR INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, 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 AGREEMENT OR OTHERWISE WITH RESPECT TO THE GARMIN PRODUCT OR THE DATA 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.
Disclaimer of Endorsement. Reference to any products, services, processes, hypertext links to third parties or other Data 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.
Export Control. You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold Garmin and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) 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 Product (including the Data).
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 licenses the Data. You agree, upon termination, to destroy all copies of the Data. 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 their licensors and suppliers) 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. The above terms and conditions 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 Data which may be initiated by Garmin and/or its licensors, including their licensors and suppliers. The foregoing shall not apply if a third party Data provider has specified governing law and jurisdiction different than Kansas to control disputes between it and End Users. In such event, the governing law and jurisdiction so specified shall control such End User – third party Data provider disputes.
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.
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.