Garmin Mobile 10 User Guide - Page 19

OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, DIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE GARMIN MOBILE TECHNOLOGY, EVEN IF GARMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, GARMIN'S AND ITS SUPPLIERS' TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE GARMIN MOBILE TECHNOLOGY SHALL NOT EXCEED $1.00. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Miscellaneous: This Agreement constitutes the entire understanding and agreement of the parties (except for any separate end-user license agreements required by Garmin's third-party data providers, which shall be read in conjunction with this Agreement), and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to its subject matter. No delay or failure by Garmin to exercise or enforce at any time any right or provision hereof will be considered a waiver thereof. No single waiver will constitute a continuing or subsequent waiver. No waiver, modification or amendment of any provision hereof will be effective against Garmin unless it is in a signed writing by Garmin. You may not assign your rights or obligations hereunder (including as a change of control) without the prior written consent of Garmin. Subject to the foregoing, this Agreement will bind and inure to the benefit of the successors and permitted assigns of the parties. This Agreement shall be governed and Garmin Mobile™ 10 set up and go! construed in all respects by the laws of the State of Kansas, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act. The parties agree that the exclusive jurisdiction and venue of any dispute amongst the parties shall be entered in the state or federal courts within the State of Kansas, and each of the parties hereby waives any right to a trial by jury. If any provision of this Agreement or the application thereof to any party or circumstance is held to be invalid, illegal, or unenforceable in any respect, that provision to the extent permitted by law (not otherwise) shall be severed from this Agreement and shall not affect the remainder hereof, and the parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision. The parties to this Agreement are independent contractors. Garmin shall not be liable to you for a failure to perform any of its obligations under this Agreement during any period in which such performance is delayed due to circumstances beyond its reasonable control. All notices hereunder must be in writing and mailed by certified mail, return receipt requested, or by prepaid courier service, or by facsimile with receipt confirmed by telephone, to each party's address. Traffic.com™ End-User License Agreement The terms and conditions of Traffic.com's end-user license agreement (as modified from time to time by Traffic.com) located at http://corporate.traffic.com/enduser.html is incorporated herein by this reference. 17