Garmin Mobile for BlackBerry - Manual (Page 9)

Garmin Mobile ™ for BlackBerry ® quick start manual 
patent, copyright, trademark, trade secret, or any other intellectual property or
proprietary right of Garmin, its third-party data providers, or any other third-
party; (vi) directly or indirectly use, broadcast, or distribute the Garmin Mobile
Application in connection with a television, radio, web, telephone, or telematics
application without the specific written approval of Garmin; (vii) provide any
portion of the Garmin Mobile Application to a government agency; or (viii) enter
into any agreement with any third-party that in any way restricts, prevents, or
hinders the ability of Garmin to provide to such third-party the Garmin Mobile
Application or any other product or service made available by Garmin from time
to time.
Data plan Fees: You are responsible for any applicable charges and fees
associated with any data plan fees or other subscription charges or fees of any
kind whatsoever that may be required by your carrier to access the Garmin
Mobile Application.
ownership of Application: You acknowledge and agree that Garmin owns
all right, title, and interest in or, if applicable, licenses to the Garmin Mobile
Application, including, but not limited to, all trademarks, data, and content,
except to the extent any such third-party content data is owned by the respective
third-party data provider. Any reference to 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.
term: The One-time Purchase term shall mean the useful life of the Garmin
Mobile Application or until otherwise terminated in accordance with the
terms and conditions of this Agreement (“Term”). Garmin may terminate 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 the agreement between
Garmin and any third-party from whom Garmin licenses third-party content data
for use as part of or in the Garmin Mobile Application. All provisions relating
to confidentiality, indemnity, proprietary rights, and non-disclosure shall survive
the termination of this Agreement. All other rights and obligations of the parties
shall cease upon termination including, but not limited to, all licenses granted
hereunder.
Confidentiality: At all times during the Term and thereafter, you shall keep
confidential and not disclose, directly or indirectly, and shall not use for your
benefit or any other individual or entity any Confidential Information of Garmin
or any of its third-party data providers. “Confidential Information” means any
trade secrets or confidential or proprietary information whether written, digital,
oral, or other form which is unique, confidential, or proprietary to Garmin or
its third-party data providers, including, but not limited to, the Garmin Mobile
Application, and any other materials or information related to the business or
activities of Garmin which are not generally known to others engaged in similar
businesses or activities. You shall return to Garmin any of its Confidential
Information upon request and/or upon termination of this Agreement.
Restricted rights: You agree not to export or re-export the Garmin Mobile
Application or its Host Product to any country in violation of the export control
laws of the United States of America.
indemnity: You agree to indemnify, defend and hold Garmin and its licensors
and suppliers (including, but not limited to, their respective assignees,
subsidiaries, affiliated companies and their respective officers, directors,
employees and shareholders, agents and representatives) harmless from and
against any and all liability, loss, injury, demand, action, cost, expense, or claim
of any kind or character, including, but not limited to, attorneys’ fees, arising
out of or in connection with your use of or subscription to the Garmin Mobile
Application.
Limited Warranty: This Garmin Mobile Application (excluding the map
data and other third-party content data) is warranted to perform substantially
as described in the product documentation for one (1) year from the date of
purchase. Within this period, Garmin will, at its sole option, repair or replace