Garmin GI 275 Maintenance Manual page 6

b. Non-Exclusive. Each Party's rights and obligations under this Agreement are non-exclusive. Garmin is not
precluded from marketing, licensing, providing, selling or distributing the Licensed Software or Documentation,
or any other products, software, documentation or services, either directly or through any third party.
c. Assignment. Licensee may not assign this Agreement or any of its rights, interests or obligations hereunder
without the prior written consent of Garmin. Any purported assignment in violation of this Section 6.3 shall be
null and void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and permitted assigns and transferees.
d. Feedback and Data. Licensee may from time to time provide feedback, comments, suggestions, questions, ideas,
or other information to Garmin concerning the Licensed Software or Documentation or Gamin's products,
services, technology, techniques, processes or materials ("Feedback"). Garmin may in connection with any of its
products or services freely use, copy, disclose, license, distribute and otherwise exploit such Feedback in any
manner without any obligation, payment, royalty or restriction whether based on intellectual property rights or
otherwise.
e. Governing Law. The validity, interpretation and enforcement of this Agreement will be governed by the
substantive laws, but not the choice of law rules, of the state of Kansas. This Agreement shall not be governed by
the 1980 UN Convention on Contracts for the International Sale of Goods.
f. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or has been designated by the U.S. Government as a "terrorist supporting" country, and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
g. Injunctive Relief. The Parties acknowledge and agree that irreparable damage would occur if any provision of
this Agreement was not performed in accordance with its specific terms or was otherwise breached and as such,
the Parties will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce
specifically the performance of the terms and provisions of this Agreement without proof of actual damages, this
being in addition to any other remedy to which any Party is entitled at law or in equity.
h. Amendments and Waivers. This Agreement may be amended and any provision of this Agreement may be
waived, provided that any such amendment or waiver will become and remain binding upon a Party only if such
amendment or waiver is set forth in a writing by such Party. No course of dealing between or among any persons
having any interest in this Agreement will be deemed effective to modify, amend or discharge any part of this
Agreement or any rights or obligations of any Party under or by reason of this Agreement. No delay or failure in
exercising any right, power or remedy hereunder will affect or operate as a waiver thereof; nor will any single or
partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy
preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder
are cumulative and not exclusive of any rights or remedies that any Party would otherwise have.
i. Severability. The provisions of this Agreement will be severable in the event that for any reason whatsoever any
of the provisions hereof are invalid, void or otherwise unenforceable, any such invalid, void or otherwise
unenforceable provisions will be replaced by other provisions which are as similar as possible in terms to such
invalid, void or otherwise unenforceable provisions but are valid and enforceable and the remaining provisions
will remain valid and enforceable to the fullest extent permitted by applicable law, in each case so as to best
preserve the intention of the Parties with respect to the benefits and obligations of this Agreement.
j. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the Parties and does not confer on third
parties any remedy, claim, reimbursement, claim of action or other right in addition to those existing without
reference to this Agreement.
k. Entire Agreement. This Agreement shall constitute the entire agreement between Garmin and you with respect to
the subject matter hereof and will supersede all prior negotiations, agreements and understandings of Garmin and
you of any nature, whether oral or written, with respect to such subject matter.
l. Interpretation. In this Agreement: (a) headings are for convenience only and do not affect the interpretation of
this Agreement; (b) the singular includes the plural and vice versa; (c) the words 'such as', 'including',
'particularly' and similar expressions are not used as, nor are intended to be, interpreted as words of limitation;
(d) a reference to a person includes a natural person, partnership, joint venture, government agency, association,
corporation or other body corporate; a thing includes a part of that thing; and a party includes its successors and
permitted assigns; and (e) no rule of construction applies to the disadvantage of a Party because that Party was
responsible for the preparation of this Agreement. Any translation of this Agreement from English is provided as
a convenience only. If this Agreement is translated into a language other than English and there is a conflict of
terms between the English version and the other language version, the English version will control.
190-02246-C2
Rev. 3
GI 275 Part 27 AML STC Maintenance Manual
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