The intellectual property right of software embedded in Garmin products (hereinafter "the Software") belongs to Garmin Switzerland GmbH or its affiliates (hereinafter "Garmin") or is used under licence from the right holder thereof. The intellectual property right of Taiwan map information embedded in or ancillary to Garmin products (hereinafter "Map Data") also belongs to Garmin. The scope of Garmin's licence includes information, text, images, photos, audio, visual and other applications and data of the third party data supplier (hereinafter"Supplier Data"). The "Map Data" and the "Supplier Data" are hereinafter collectively referred to as "the Data". Both the Software and the Data are protected by the Copyright Law and Universal Copyright Convention. The Software and the Data are supplied by licence and not by sale. The Software and the Data are supplied in accordance with the following terms of licence and are subject to compliance with the following terms and conditions, where one party is the user (hereinafter "You" or "Your") and the other party is Garmin and its licensees (including the licensees and suppliers thereof) and affiliates.
Important Notes: Before using this product, please read this licence agreement carefully. If you start to install, copy or use this product or retain the product for 7 days without returning it to the distributor, it shall be deemed that you have read and agreed to the provisions in this licence agreement. If you do not agree to this agreement, you must return the product in its integrity within 7 days (in the case of new purchase) from the acquisition of the product and will receive full refund from the distributor from whom you purchased this product.
Garmin (hereinafter "We") provide you with storage media that includes computer software (hereinafter "the Software") with embedded or ancillary data and, including any "online" or electronic documents and written information (collectively referred to in this licence agreement as "the Product") and grant you a non-exclusive and limited licence to use the Product subject to consistency with the terms and conditions hereunder. You agree to use the Data in consistency with Garmin's Products and for the sole purpose of personal or internal operations within a company and shall not use the Data for any service bureau, time-sharing, resale or any other similar purpose.Therefore, upon the condition that the restrictions under the following provisions are not violated, you may copy the Data as required by your use for the purpose of (i) review and (ii) storage. However, you shall not delete any copyright statement appearing in the Data, nor shall you make any alteration to the Software or the Data. You agree not to reproduce, copy, revise, decompile, reverse-compile, reverse-engineer or produce any derivative product from any part of the Products. Unless within the extent permitted by relevant legislation, the Products shall not be transmitted or distributed in any manner. If any third party supplier ceases to supply data or if the contract between the Supplier and Garmin is terminated for any reason, Garmin also reserves the right to discontinue the supply of any data content supplied by such supplier.
Restrictions: Other than the purpose expressly licensed by Garmin, you shall not use the Data in any product, system or application program installed in the vehicle or connected or communicated in any other manner, nor shall you use the Data for the purpose of allocating and managing any group of vehicles, nor shall you use the Data through any control centre for any similar application purpose such as allocating a group of vehicles. This statement does not impact the validity of the previous section. In addition, you shall not lease or lend any Data or any Garmin Product containing any Data to any other person or third party. Car leasing companies shall acquire express written licence from Garmin before leasing the Product or providing any Garmin Products containing Data to any vehicle leasing client.
No Warranty: This Product (including Data) is provided on an "as is" basis and you agree to bear your own risk in its use, including (but not limited to) the contents, quality, correctness, completeness, validity, reliability, merchantability, suitability for particular purpose, practicability, function or actual performance of the Product. Neither Garmin nor its licensees (including the licensees and suppliers thereof) provide any legal or any other express or implied guarantee, declaration or warranty, nor do we guarantee that the Data or the server will function successfully or correctly.
Disclaimer: Neither Garmin nor its licensees (including the licensees and suppliers thereof) provide any express or implied warranty about the quality, function, merchantability, suitability for particular purpose or integrity of copyright. No verbal or written notice by Garmin or any supplier or licensee thereof constitutes any warranty obligation. You should not rely on such type of notice or information. The disclaimer is an important part of this agreement.
Disclaimer of Damage Liability: Neither Garmin nor its licensees (including the licensees and suppliers thereof) shall be responsible for any of the following: Any demand, claim or litigation directly or indirectly caused by the use or possession of this information, regardless of the nature of the demand, claim or litigation for claimed loss, physical injury or damage; or any loss of income, profit or contract or additional cost incurred from your use or failure to use this information; or any defect in the Data or information or any breach of any provision hereunder; or any direct, indirect, special or consequential loss, whether the litigation is based on contract, tort or warranty and regardless of the fact that Garmin or its licensees has been notified of the possibility of such loss in advance. The liability of Garmin and its licensees or the total compensation liability related to any Garmin Product or Data, shall not exceed $1.00 USD. If any part of liability restriction is prohibited by law, the other restrictions shall remain valid.
Disclaimer of Warranties: Any product, service, procedure, third party hyperlink or product name, trademark, manufacturer or supplier and other such information does not constitute or imply any warranty, sponsorship or recommendation by Garmin or its licensees. Each supplier shall bear its own liability with regard to its own products and service information.
Export Control: You agree that any Data or direct Product provided to you must be consistent with and subject to full licence and permit required by applicable export laws, regulations and charters, before it is allowed to export.
Indemnifications: You shall indemnify and hold harmless Garmin and its licensees (including each licensee, supplier, consignor, subsidiary or affiliate thereof, as well as their executives, directors, employees, shareholders, agents and representatives) from any liability, loss, physical injury (including death and injury to any persons), claim, litigation, cost, expense or any type of demand (including but not limited to solicitor's fees) directly or indirectly caused by your use or possession of the Product (including Data).
Clauses: This agreement is valid permanently unless (i) your subscription terms and conditions have been terminated (either by you or by Garmin) or have expired or (ii) Garmin terminates this agreement for any reason, including (but not limited to) Garmin's discovery that you have violated any provision hereunder. In addition, when the contract between Garmin and the source of licence from which Garmin receives Data is terminated, the part of this agreement in relation to such licence shall also be terminated.
Entire Agreement. The terms and conditions hereunder constitute the entire agreement between Garmin (and its licensees, including each licensee and supplier thereof) and you with regard to the relevant matters. The validity of such entire agreement supersedes all pre-existing written or verbal agreements entered into with regard to such matters.
Governing Law. This agreement is governed by the laws of the Republic of China. In case of any dispute requiring litigation, you agree that the Taiwan Taipei District Court will be the first-instance court of jurisdiction.
Garmin® is a registered trademark of Garmin Ltd. or its affiliated companies in the United States and other countries. This trademark shall not be used without the express consent of Garmin.