(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 52.227-
19, 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,
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 THIRD-
PARTY 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, 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.
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