Introduction software license agreement – Garmin USB Data Card Programmer User Manual

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Introduction

Software License Agreement

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 terminations, to destroy all copies of the Product. The Limitations of War-
ranties 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, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OR TRADE, OR COURSE OF DEALING. THE ENTIRE
RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS
SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR, ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COM-
MERCIAL 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. OUR MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE
AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH
OR DEFAULT IS A BREACH OF FUNDAMENTAL CONDITION OR TERM OF A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.

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 dis-
closure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of The Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, 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 E. 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.

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