The application software (the “Application”) you are downloading to your device is owned by Garmin Ltd. or its subsidiaries (collectively, “Garmin”). Garmin either owns or licenses information, map data, traffic data text, images, graphics, photographs, audio, video, images and other content, applications and data (collectively, the “Data”). Both the Application and Data are protected under copyright laws and international copyright treaties. The Application and Data are licensed, not sold. The Application and Data are 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, 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 THIS APPLICATION. PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING THIS APPLICATION 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, DO NOT PURCHASE, INSTALL OR USE THE APPLICATION.
Garmin (“we” or “us”) provides you with the Application 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 the Application and Data 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 the Application and Data 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 Application or Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application and Data, 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 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 the Application or 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 Application or Data.
No Warranty. The Application (including the Data) is 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 Application, or that the Data or server will be uninterrupted or error-free. The Application is 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 APPLICATION.
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 APPLICATION; 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 APPLICATION, 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 AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION 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 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 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 Application or 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 (a) obtains services or distribution necessary to support the Application, or (b) licenses 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 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. 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 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 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, KS 66062, USA and NAVTEQ North America LLC, 425 West Randolph Street, Chicago, Illinois 60606 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.