Garmin GI 275 Maintenance Manual page 6

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.
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.
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GI 275 Part 23 AML STC Maintenance Manual
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