Garmin GMX 200 Pilots Guide - Page 4

Introduction End User License End User License Agreement ("EULA") You have acquired a device (GMX 200) which includes software licensed by Garmin International, Inc. or its subsidiaries (Garmin) from one or more software licensors Garmin's Software Suppliers. Such software products, as well as associated media, printed materials, and "online" or electronic documentation ("SOFTWARE") are protected by international intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All rights reserved. • This EULA is valid and grants the end-user rights ONLY if the SOFTWARE is genuine and a genuine Certificate of Authenticity for the SOFTWARE is included. For more information on identifying whether your software is genuine, please see http://www.microsoft.com/piracy/howtotell. • IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA"), DO NOT USE THE GMX 200 OR COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT GARMIN FOR INSTRUCTIONS ON RETURN OF THE UNUSED GMX 200) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE GMX 200, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT). • GRANT OF SOFTWARE LICENSE. This EULA grants you the following license: > You may use the SOFTWARE only on the GMX 200. > Restricted Functionality. You are licensed to use the SOFTWARE to provide only the limited functionality (specific tasks or processes) for which the GMX 200 has been designed and marketed by Garmin. This license specifically prohibits any other use of the software programs or functions, or inclusion of additional software programs or functions that do not directly support the limited functionality on the GMX 200. Notwithstanding the foregoing, you may install or enable on a GMX 200, systems utilities, resource management or similar software solely for the purpose of administration, performance enhancement and/or preventive maintenance of the GMX 200. > If you use the GMX 200 to access or utilize the services or functionality of Microsoft Windows Server products (such as Microsoft Windows Server 2003), or use the GMX 200 to permit workstation or computing devices to access or utilize the services or functionality of Microsoft Windows Server products, you may be required to obtain a Client Access License for the GMX 200 and/or each such workstation or computing device. Please refer to the end user license agreement for your Microsoft Windows Server product for additional information. > NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. GARMIN HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE GMX 200, AND MS HAS RELIED UPON GARMIN TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE. > NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided "AS IS" and with all faults. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE GMX 200 OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MS. > No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S.$250.00). > Restricted Uses. The SOFTWARE is not designed or intended for use or resale in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, or other devices or systems in which a malfunction of the SOFTWARE would result in foreseeable risk of injury or death to the operator of the device or system, or to others. > Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable, law notwithstanding this limitation. > SOFTWARE as a Component of the GMX 200 - Transfer. This license may not be shared, transferred to or used concurrently on different computers. The SOFTWARE is licensed with the GMX 200 as a single integrated product and may only be used with the GMX 200. If the SOFTWARE is not accompanied by a GMX 200, you may not use the SOFTWARE. You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of me GMX 200, provided you retain no copies of the SOFTWARE. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE. This transfer must also include the Certificate of Authenticity label. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the SOFTWARE must agree to all the EULA terms. > Consent to Use of Data. You agree that MS, Microsoft Corporation and their affiliates may collect and use technical information gathered in any manner as part of product support services related to the SOFTWARE. MS, Microsoft Corporation and their affiliates may use this information solely to improve their products or to provide customized services or technologies to you. MS, Microsoft Corporation and their affiliates may disclose this information to others, but not in a form that personally identifies you. ii 190-00607-02 Rev C