Kenwood DNX9140 Instruction Manual page 127

to submit to the jurisdiction of Illinois for any
and all disputes, claims and actions arising from
or in connection with the Data provided to you
hereunder.
Government End Users. If End User is an agency,
department, or other entity of rhe Unired States
Government, or funded in whole or in part by
rhe US Government, then use, duplication,
reproduction, release, modification, disclosure
or transfer of the Product and accompanying
documentation is subject to restrictions as set
forth in DFARS 252227-7014(a)(1) (JUN 1995) (DOD
commercial computer software definition), DFARS
27.7202-1 (DOD policy on commercial computer
software), FAR 52.227-19 (JUN 1987) (commercial
computer software clause for civilian agencies),
DFARS 252.227-7015 (NOV 1995) (DOD technical
data - commercial items clause); FAR 52.227-14
AI ernates I, II, and III (JUN 1987) (civilia agency
technical data and noncommercial computer
software clause); and/or FAR 12.211 and FAR 12.212
(commercial item acquisitions), as applicable
III case of conflict between any of the FAR and
DFARS provisions listed herein and this License,
the construction that provides greater limitations
on the Government's rights shall control. The
contractor/manufacturer is Garmin International,
Inc., 1200 East 151 st Street, Olathe, KS 66062, USA
and NAVTEQ North America LLC, 222 Merchandise
Mart Plaza, Suite 900, Chicago, Illinois 60654.
DMTI Spatial, Inc. End User License
Agreement
The software embedded in your Garmin product is
owned by Garmin Ltd. or its subsidiaries ("Garmin")
The third-party postal code data (the "Licensed
Product") embedded in or accompanying your
Garmin product is owned by DMTI Spatial, Inc.
and is licensed to Garmin. Both the software and
Licensed Product are protected under copyright
laws and international copyright treaties.
THIS is a legal Agreement between you, the
end user, and DMTI Spatial, Inc. BY LOADING
THE PRODUCT(S) WITH THIS AGREEMENT YOU
ARE AGREEING TO BE BOUND BY THE TERMS OF
THIS AGREEMENT IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, PROMPTLY (within 7
days of purchase) RETURN THE PRODUCTS AND
ANY ACCOMPANYING ITEMS (including written
materials) TO Garmin INTERNATIONAL, INC
CUSTOMER SERVICE, 1200 EAST 151 ST STREET,
OLATHE, KANSAS 66062, FOR A REFUND.
DMTI Spatial hereby grants to you a non-exclusive,
non-transferable license to use the data contained
on the media in this package (the "Licensed
Product") solely for personal non-commercial
use or internal use in your business, on a single
conlputer, Pocket PC or Palm device in conjunction
with Garrnin software, and with compatible Garmin
produCts that you personaiiy own. Your use of
the data is subject to the following terms and
conditions:
You acknowledge that the Licensed Product(s)
belong to DMTI Spatial and its third party supplier,
and that the Licensed Product(s) are copyrighted.
Unauthorized copying of the Licensed Product(s),
is expressly forbidden and you may be held legally
responsible for copyright infringement which is
caused or encouraged by your failure to abide by
the terms of this agreement. You may make one
archival copy of the Licensed Product(s), solely for
your own use, subject to the follOWing restrictions:
(1) The archival copy must be treated in the same
way as the original copy; (2) No copy may be used
while any other copy is in use. If you make an
archival copy of the Licensed Product(s), you must
include on it the copyright notice that is on the
original media.
You may not reproduce, sell, rent, lease, loan,
distribute or sublicense the Licensed Product(s)
or otherwise transfer the Licensed Product(s)
to any third party, use the Licensed Product for
commercial purposes except for internal use in
your business, decompile, disassemble, reverse-
engineer the Licensed Product(s), or use the
Licensed Product to create any derived product
for any of these prohibited purposes You may
not place the Licensed Product(s) on the Internet
without a prior written agreernerlt with DMTI
Spatial
In no event shall DMTI Spatial or its third party
supplier(s) be liable to you or your organization for
any indirect damages including any lost profits, lost
savings, interruption of business, loss of business
opportunities or other incidental or consequential
damages, arising out of your possession, use of,
or inability to use the Licensed Product(s), even
if DMTI Spatial, its third party supplier(s), or
any authorized dealer, has been advised of the
possibility of the damages, or for any claim by any
other party. In no event shall DMTI Spatial have any
liability for damage in excess of the license fee paid
for the Licensed Product(s).
You shall indemnify and hold DMTI Spatial, its
third party supplier(s) and their officers, employees
and agents, harmless from and against any claim,
demand or action, irrespective of the nature of
the claim, demand or action, alleging loss, costs,
damages, expenses, or injury (including injury
from death) resulting from your authorized or
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