Garmin GI 275 Maintenance Manual page 5

the Licensed Software or Documentation other than as expressly permitted in accordance with the
terms of this Agreement; (d) use the Licensed Software or Documentation in any manner that violates
any applicable law; (e) reproduce or copy the Licensed Software; (f) modify, adapt, alter, translate,
port, create derivative works of, reverse engineer, decompile or disassemble the Licensed Software or
Documentation or otherwise derive the source code or other proprietary information or trade secrets
from the Licensed Software; (g) remove, alter, or obscure any proprietary notices from the Licensed
Software or Documentation; (h) use the Licensed Software or Documentation to provide services to
third parties (such as business process outsourcing, service bureau applications or third party
training); (i) use the Licensed Software on any equipment, hardware or device other than a Device; or
(j) export, re-export or otherwise distribute, directly or indirectly, the Licensed Software or
Documentation to a jurisdiction or country to which the export, re-export or distribution of such
Licensed Software or Documentation is prohibited by applicable law.
b. Protection of Software and Documentation. Licensee shall use its best efforts to protect the Licensed
Software and Documentation from unauthorized access, distribution, modification, display,
reproduction, disclosure or use with at least the same degree of care as Licensee normally uses in
protecting its own software and documentation of a similar nature from unauthorized access,
distribution, modification, display, reproduction, disclosure or use. Licensee shall limit access to the
Licensed Software and Documentation to only those employees of Licensee who require access to the
Licensed Software or Documentation for the Permitted Purpose and who have been made aware of
the restrictions set forth in this Agreement. Licensee shall take prompt and appropriate action to
prevent unauthorized use or disclosure of the Licensed Software and Documentation.
4. Term and Termination.
a. Term. The term of this Agreement shall commence on the Effective Date, and shall continue in
perpetuity thereafter, unless terminated earlier as provided in this Section 4.
b. Termination by Garmin. Garmin may immediately terminate this Agreement upon written notice to
Licensee if Licensee commits a material breach of this Agreement or breaches a material term of this
Agreement.
c. Effect of Termination. Upon any termination of this Agreement for any Party: (a) Licensee shall
immediately cease all use of the Licensed Software and Documentation; (b) all rights and licenses
granted to Licensee to the Licensed Software and Documentation and Gamin's related obligations
shall immediately terminate; and (c) Sections 4.3, 5 and 6 shall survive.
5. Disclaimer; Limitations of Liability; Indemnity.
a. DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
LICENSED SOFTWARE AND DOCUMENTATION (INCLUDING ANY RESULTS TO BE
OBTAINED FROM ANY USE OF THE LICENSED SOFTWARE AND DOCUMENTATION)
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES, GUARANTEES
OR REPRESENTATIONS AND NEITHER GARMIN NOR ITS AFFILIATES MAKE ANY
REPRESENTATION, WARRANTY OR GUARANTEE, STATUTORY OR OTHERWISE, UNDER
LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT, TITLE, OR SIMILAR, UNDER
THE LAWS OF ANY JURISDICTION. GARMIN DOES NOT WARRANT THAT THE
LICENSED SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S REQUIREMENTS
OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE LICENSED SOFTWARE AND DOCUMENTATION. THE LICENSED SOFTWARE IS NOT
INTENDED FOR USE IN ANY NUCLEAR, MEDICAL, OR OTHER INHERENTLY
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GI 275 Part 23 AML STC Maintenance Manual
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