Mobile Technology, as determined by Garmin and which are subject to
change from time to time. Garmin may terminate this Agreement and
your license immediately upon any failure by you to pay any required
Garmin Mobile Technology subscription fees. In addition, you are
responsible for any applicable charges and fees associated with any data
plan fees or other subscription charges or fees of any kind whatsoever
that may be required by your mobile phone carrier to access the Garmin
Mobile Technology.
Ownership of Technology: You acknowledge and agree that Garmin
owns all right, title, and interest in or, if applicable, licenses to
the Garmin Mobile Technology, including, but not limited to, all
trademarks, data, and content, except to the extent any such third-party
content data is owned by the respective third-party data provider. Any
reference to 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 sole responsibility of each individual
vendor.
term: This Agreement is effective until such time as (i) if applicable
to your specific Garmin Mobile Technology, your subscription term
is either terminated (by you or by Garmin) or expires, or (ii) the
Agreement is otherwise terminated in accordance with the terms
and conditions of this Agreement ("Term"). If your Garmin Mobile
Technology Host Product comes with a "lifetime" subscription, the
term "lifetime" shall mean the useful life of your specific Host Product.
Garmin may terminate this Agreement for any reason, including,
but not limited to, if Garmin finds that you have violated any of the
terms of this Agreement. In addition, this Agreement shall terminate
immediately upon the termination of the agreement between Garmin
Garmin Mobile™ 20 set up and go!
and any third-party from whom Garmin licenses third-party content
data for use as part of or in the Garmin Mobile Technology. In such
case where Garmin's agreement with a third-party data provider
terminates and, therefore, you no longer have access to all or a part of
the Garmin Mobile Technology, your sole remedy in such instance is a
refund of any unused portion of any subscription fee applicable to your
specific subscription term. No such refunds shall apply with respect
to "lifetime" subscriptions for applicable Garmin Mobile Technology
Host Products. All provisions relating to confidentiality, indemnity,
proprietary rights, and non-disclosure shall survive the termination
of this Agreement. All other rights and obligations of the parties shall
cease upon termination including, but not limited to, all licenses granted
hereunder.
Confidentiality: At all times during the Term and thereafter, you
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
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