Garmin GFC 600H Maintenance Manual page 4

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 dangerous applications, and Garmin disclaims all liability for any damage or loss caused by such
use of the licensed software.
b. Exclusion of damages; limitation of liability. Notwithstanding anything to the contrary herein, to the maximum
extent permitted by applicable law, under no circumstances and regardless of the nature of any claim shall
Garmin be liable to licensee for an amount in excess of USD $100, or be liable in any amount for any special,
incidental, consequential, punitive or indirect damages, loss of goodwill or profits, liquidated damages, data loss,
computer failure or malfunction, attorneys' fees, court costs, interest or exemplary or punitive damages, arising
out of or in connection with the use or performance or non-performance of the licensed software or
documentation, even if Garmin has been advised of the possibility of such loss or damages.
c. Indemnity. Licensee shall indemnify, defend and hold Garmin and its affiliates harmless against any and all
losses, claims, actions, causes of action, liabilities, demands, fines, judgments, damages and expenses suffered or
incurred by Garmin or its affiliated companies in connection with: (a) any use or misuse of the Licensed
Software or Documentation by Licensee or any third party in Licensee's reasonable control; or (b) Licensee's
breach of this Agreement.
6. General.
a. No Devices or Services. Licensee acknowledges and agrees that nothing in this Agreement shall be construed as
requiring Garmin to: (a) provide or supply the Devices or any other devices or hardware to Licensee; (b) grant
any licenses to any software other than the Licensed Software; or (c) provide any services, such as support,
maintenance, installation or professional services for the Licensed Software.
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.
190-02081-03
Rev. 3
GFC 600H HFCS Part 27 STC Maintenance Manual
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