Garmin Mobile 10 User Guide - Page 18
Restricted rights, Indemnity, Limited Warranty, Limitation of Liability
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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 Technology, 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: If the Garmin Mobile Technology is acquired by or for the U.S. Government, its agencies or instrumentalities, 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 52.22719, 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. You agree not to export or re-export the Garmin Mobile Technology 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, 16 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 Technology. Limited Warranty: THE GARMIN MOBILE TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. GARMIN AND ITS SUPPLIERS, INCLUDING THIRDPARTY DATA PROVIDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM TRADE USAGE OR COURSE OF CONDUCT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OTHER EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, "REAL-TIME" INFORMATION, TITLE, NON-INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTIES RELATING TO THE GARMIN MOBILE TECHNOLOGY OR ITS PERFORMANCE HEREUNDER. Limitation of Liability: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE GARMIN MOBILE TECHNOLOGY, AND GARMIN DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY, OR DAMAGE RESULTING FROM USE OF THE GARMIN MOBILE TECHNOLOGY. IT IS YOUR RESPONSIBILITY TO USE THE GARMIN MOBILE TECHNOLOGY PRUDENTLY AND TO VISUALLY VERIFY STREETS, ROADS, ROAD SIGNS, DIRECTIONS, WEATHER CONDITIONS, AND TRAFFIC CONDITIONS. IN NO EVENT SHALL GARMIN OR ITS SUPPLIERS, INCLUDING THIRD-PARTY DATA PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, Garmin Mobile™ 10 set up and go!