Software License Agreement - Garmin GPS 10 Deluxe Application Manual

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DDITIONAL NFORMATION

Software License Agreement

THIS SOFTWARE IS OWNED BY GARMIN CORPORA-
TION ("GARMIN") AND IS PROTECTED UNDER COPY-
RIGHT LAWS AND INTERNATIONAL COPYRIGHT
TREATIES. THIS SOFTWARE IS LICENSED, NOT SOLD.
THIS SOFTWARE IS PROVIDED UNDER THE FOLLOW-
ING LICENSE WHICH DEFINES WHAT YOU MAY DO
WITH THE PRODUCT AND CONTAINS LIMITATIONS ON
WARRANTIES AND/OR REMEDIES.
IMPORTANT: CAREFULLY READ THIS LICENSE
BEFORE USING THIS PRODUCT. INSTALLING, COPY-
ING, OR OTHERWISE USING THIS PRODUCT INDICATES
YOUR ACKNOWLEDGMENT THAT YOU HAVE READ
THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO
NOT AGREE, RETURN THE COMPLETE PRODUCT TO
GARMIN INTERNATIONAL. INC. CUSTOMER SERVICE,
1200 EAST 151st STREET, OLATHE, KS 66062 WITHIN 10
DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL
REFUND.
1. LICENSE: GARMIN ("we" or "us") provides you with stor-
age media containing computer software (the "Program") which
may also include digital cartographic data and "online" or
electronic documentation, and printed materials (together called
the "Product") and grants you a limited non-exclusive license
to use the Product in accordance with the terms of this License
Agreement. The copyright and all other rights to the Product
shall remain with us. You must reproduce any copyright or
other notice marked on the Product on all copies you make.
2. YOU MAY:
a) install and use one copy of the Product on a single computer
or network. This copy is to be used by only a single user at a
time. If you wish to use the Product for more users, you will
need an additional license for each user.
b) make one copy of the Product for archive or backup pur-
poses.
c) use a copy of the Product on a home or portable computer if
that copy is never loaded at the same time it is loaded on your
primary computer.
d) transfer the Product to someone else only if you assign all
of your rights under this License, cease all use of the Product,
erase or destroy any copy (including the hard disk copy) made
in support of your use of the Product, and ensure that the other
person agrees to the terms of this License.
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3. YOU MUST NOT:
a) make copies of the Product except as expressly permitted in
Section 2 of this License.
b) translate, reverse engineer, decompile, or disassemble
the Product except to the extent the foregoing restriction is
expressly prohibited by applicable law.
c) rent, lease, loan, sub-license, distribute, assign, or transfer the
Product except as set out in Section 2 (d) above.
d) modify the Product or merge all or any part of the Product
with another program.
4. TERM: This License shall continue for as long as you use
the Product. However, this License will terminate automatically
without notice from GARMIN if you fail to comply with any
of its terms or conditions. You must agree, upon termination, to
destroy all copies of the Product. The Limitations of Warranties
and Liability set out below shall continue in force even after
any termination.
5. LIMITATION OF WARRANTIES AND LIABILITY: THE
PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITH-
OUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WAR-
RANTIES OF MERCHANTABLE QUALITY, MERCHANT-
ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE,
OR COURSE OF DEALING. THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE PRODUCT
IS ASSUMED BY YOU. NEITHER WE NOR OUR DEAL-
ERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO
YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUEN-
TIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT
LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR
DAMAGED DATA OR OTHER COMMERCIAL OR ECO-
NOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE
FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR
CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGRE-
GATE LIABILITY TO YOU SHALL NOT EXCEED THE
AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMI-
TATIONS IN THIS SECTION SHALL APPLY WHETHER
OR NOT THE ALLEGED BREACH OR DEFAULT IS A
BREACH OF A FUNDAMENTAL CONDITION OR TERM
OR A FUNDAMENTAL BREACH. SOME STATES/COUN-
TRIES DO NOT ALLOW THE EXCLUSION OR LIMITA-
TION OF LIABILITY FOR CONSEQUENTIAL OR INCI-
DENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
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