End-User License Agreement
Garmin Communicator requires that you accept the following End-User License Agreement before installation can proceed:
END-USER SOFTWARE LICENSE AGREEMENT FOR
GARMIN COMMUNICATOR SOFTWARE
THIS SOFTWARE IS OWNED BY GARMIN LTD. OR ITS SUBSIDIARIES ("GARMIN") AND IS PROTECTED UNDER COPYRIGHT LAWS, INTERNATIONAL COPYRIGHT TREATIES AND OTHER INTELLECTUAL PROPERTY LAWS. THIS SOFTWARE IS LICENSED, NOT SOLD. THIS SOFTWARE IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS USAGE RESTRICTIONS AND LIMITATIONS ON WARRANTIES AND/OR REMEDIES.
IMPORTANT – READ THE TERMS AND CONDITIONS OF THIS END USER SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR OTHERWISE USING THE GARMIN COMMUNICATOR SOFTWARE APPLICATION (THE “PRODUCT”). BY DOWNLOADING, INSTALLING, USING, OR OTHERWISE ACCESSING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING AND/OR USING THE PRODUCT.
1. LICENSE: Subject to the terms and limitations set forth herein, GARMIN ("we" or "us") provides you with GPS communication software (the "Program") which may also include digital cartographic data and "online" or electronic documentation, and printed materials (together called the "Product") and grants you a limited non-exclusive license to use the Product in accordance with the terms of this License Agreement. All rights not expressly stated herein are reserved by Garmin, and Garmin disclaims any and all implied licenses. The copyright and all other rights to the Product shall remain with us. You must reproduce any copyright or other notice marked on the Product on all copies you make.
2. YOU MAY:
a) install and use one royalty free copy of the Product on a single computer or network for the sole purpose of enabling communication between your Garmin manufactured GPS device and a third-party website who has separately enabled the Garmin Communicator API to allow communication between your Garmin device and the third-party’s website..
3. YOU MUST NOT:
a) make copies of the Product except as expressly permitted in Section 2 of this License.
b) translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.
c) rent, lease, loan, sub-license, distribute, assign, or transfer the Product.
d) modify the Product or merge all or any part of the Product with another program.
e) use the Product to communicate to or with any devices or products other than those GPS devices sold by Garmin and/or its subsidiaries.
4. TERM: This License shall continue for as long as you use the Product. However, this License will terminate automatically without notice from GARMIN if you fail to comply with any of its terms or conditions. You must agree, upon termination, to immediately cease using the Product and to remove the Product from your computer. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
5. LIMITATION OF WARRANTIES AND LIABILITY: THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PRODUCT AND FOR THE USE OF ANY THIRD-PARTY WEBSITE, AND GARMIN DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE RESULTING FROM USE OF THIS PRODUCT AND ANY THIRD-PARTY WEBSITE, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT GARMIN HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE. IN NO EVENT SHALL GARMIN HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. GARMIN’S TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE PRODUCT SHALL NOT EXCEED $1.00. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. Some states do not allow the exclusion of incidental or consequential damages or the limitation of duration of an implied warranty so the above limitations may not apply to you.
IT IS YOUR RESPONSIBILITY TO USE ANY MAPPING DATA PRUDENTLY AND TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS AND DIRECTIONS, AND, IN THE CASE OF MARINE USAGE, BUOYS, LIGHTS AND OTHER NAVIGATION AIDS. MAPPING DATA IS INTENDED TO BE USED ONLY AS A TRAVEL AID AND SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING PRECISE MEASUREMENT OF DIRECTION, DISTANCE OR LOCATION.
6. RESTRICTED RIGHTS: If this Product is acquired by or for the U.S. Government, then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7018, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. The contractor/manufacturer is Garmin International, Inc., 1200 East 151st Street, Olathe, KS 66062, USA.
7. EXPORT CONTROLS: You agree not to export or re-export the Product to any country in violation of the export control laws of the United States of America.
8. GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of Kansas, United States of America. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.
9. The items or Software may contain information that is subject to the Export Administration Regulations (“EAR”) issued by the United States Department of Commerce (15 C.F.R., Chapter VII Subchapter C) and that may not be exported, released or disclosed to certain destinations and foreign nationals except in compliance with U.S. law. The preceding statement is required to be included on any and all reproductions in whole or in part of this item or Software.
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