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NAVTEQ
ENO-USER LICENSE AGREEMENT
The software embedded in your Gannin product (the "Software") is owned by
Gannin Ltd. or its subsidiaries ("Gannin"). The third-party map data embedded in
or accompanying your Gannin product (the "Data") is owned by NAVTEQ North
America LLC and is licensed to Gannin. Both the Software and Data are protected
under copyright laws and international copyright treaties. The Software and Data are
licensed, not sold. The Software and Data are provided under the following license
and are subject to the following terms and conditions which are agreed to by End
User ("you" or "your"), on the one hand, and Gannin and its licensors (including their
licensors and suppliers) and affiliated companies on the other hand.
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING
THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS
PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE
READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE,
RETURN THE COMPLETE PRODUCT WITHIN 10 DAYS OF THE DATE YOU
ACQUIRED IT (IF PURCHASED NEW) FOR A FULL REFUND TO ONE OF
THE FOLLOWING: (I) THE DEALER FROM WHICH YOU PURCHASED
THIS PRODUCT; (2) Gannin INTERNATIONAL, INC. CUSTOMER SERVICE,
1200 EAST 151st STREET, OLATHE, KS 66062, USA; (3) Garmin (EUROPE)
LTD., LIBERTY HOUSE, HOUNSDOWN BUSINESS PARK, SOUTHAMPTON,
S040 9RB, UNITED KlNGDOM; OR (4) Garmin CORPORATION CUSTOMER
SERVICE, No. 68, JANGSHU 2nd ROAD, SHIJR, TAIPEI COUNTY, TAIWAN.
License Terms And Conditions
Garmin ("we" or "us") provides you with storage media containing the computer
Software (the "Software") and the embedded or accompanying digital map Data,
including any "online" or electronic documentation and printed materials (together
called the "Product" for purposes of this License Agreement), and grants you a
limited. non-exclusive license to use the Product in accordance with the terms of this
Agreement. You agree to use this Data together with the Garmin product for solely
personal, or if applicable, for use in your business' internal operations. and not
for service bureau, time-sharing, resale or other similar purposes. Accordingly. but
subject to the restrictions set forth in the following paragraphs. you may copy this
Data only as necessary for your use to (i) view it, and (ii) save it, provided that you
do not remove any copyright notices that appear and do not modify the Software or
Data in any way. You agree not to otherwise reproduce, copy, modify, decompile,
disassemble, reverse engineer or create derivative works of any portion of the
Product. and may not transfer or distribute it in any form, for any purpose, except to
the extent permitted by mandatory laws.
Restrictions. Except where you have been specifically licensed to do so by Garmin.
and without limiting the preceding paragraph, you may not use this Data with
any products, systems, or applications installed or otherwise connected to or in
communication with vehicles, and which are capable of dispatch, fleet management or
similar applications where the Data is used by a central control center in dispatching
a fleet of vehicles. In addition, you are prohibited from renting or leasing the Data
or the Garmin products containing the Data to any other person or third party. Only
those rental car companies that are specifically authorized by Garmin in writing to
rent Garmin products containing the Data to their rental customers are permitted to
rent out such products.
No Warranty. This Product (including the Data) is provided to you "as is," and you
agree to use it at your own risk. Garmin and its licensors (and their licensors and
suppliers) make no guarantees, representations or warranties of any kind, express or
implied, arising by law or otherwise. including but not limited to, content, quality,
accuracy, completeness, effectiveness. reliability, merchantability, fitness for a
particular purpose, usefulness, use or results to be obtained from the Product, or that
the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty. Garmin AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR
IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR
WRITTEN ADVICE OR INFORMATION PROVIDED BY Garmin OR ITS
SUPPLIERS AND LICENSORS SHALL CREATE AWARRANTY, AND YOU ARE
NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS
DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS
AGREEMENT. Some States, Territories and Countries do not allow certain warranty
exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability. Garmin AND ITS LICENSORS (INCLUDING THEIR
LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN
RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE
NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING
ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY
RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR
ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY
OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS
INFORMATION, ANY DEFECT IN THE DATA OR INFORMATION, OR THE
BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION
IN CONTRACT OR TORT OR BASED ON AWARRANTY, EVEN IF Garmin
OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Garmin'S AND ITS LICENSORS' TOTAL AGGREGATE LIABILITY
WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR
OTHERWISE WITH RESPECT TO THE Garmin PRODUCT OR THE DATA
SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow
certain liability exclusions or damages limitations, so to that extent the above may
not apply to you.
Disclaimer of Endorsement. Reference to any 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 sale responsibility of each individual vendor. The NAVTEQ name
and logo, the NAVTEQ and NAVTEQ ON BOARD trademarks and logos, and other
trademarks and trade names owned by NAVTEQ North America LLC may not be
used in any commercial manner without the prior written consent ofNAVTEQ.
Export Control. You agree not to export from anywhere any part of the Data
provided to you or any direct product thereof except in compliance with, and with all
licenses and approvals required under, applicable export laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold Gannin and its licensors
(including their respective licensors, suppliers, assignees, subsidiaries, affiliated
companies, and the respective officers, directors, employees, shareholders, agents and
representatives of each of them) free and harmless from and against any liability, loss,
injury (including injuries resulting in death), demand, action, cost, expense, or claim
of any kind or character, including but not limited to attorney's fees, arising out of or
in connection with any use or possession by you of the Product (including the Data).
Entire Agreement These terms and conditions constitute the entire agreement
between Garmin (and its licensors, including their licensors and suppliers) and you
pertaining to the subject matter hereof, and supersedes in their entirety any and
all written or oral agreements previously existing between us with respect
to
such
subject matter.
Governing Law.