Garmin ZUMO 665 Quick Start Manual page 21

niiMapsTM Lifetime. If you purchase a niiMaps Lifetime
subscription (sold separately), you will receive up
to
four (4) Map Data updates per year, when and as such
updates are made available on Garmin's Web site, for
one (l) compatible Garmin product until your product's
useful life expires or Garmin no longer receives Map
Data from NAVTEQ, whichever is shorter. The updates
you receive under the subscription will be updates to
the same geographic Map Data originally included with
your Gannin product when originally purchased. In some
instances, your Garmin product might not have sufficient
memory remaining for you to load an update to the same
Map Data originally included with your Garmin product,
in which case you will need to either (a) select reduced
Map Data coverage for your updates, or (b) purchase
separately a microSD card or a SO card (as applicable to
you Garmin product) and load all or a portion of the Map
Data coverage for your updates to the card and insert the
card into the microSD card or SO card slot contained
in your Gamlin product. Garmin may terminate your
niiMaps Lifetime subscription at any time if you violate
any of the terms of this Agreement or your subscription.
Your niiMaps Lifetime subscription may not be
transferred to another person or another Garmin product.
No Warranty. This Product (including the Data) is
provided to you "as is," and you agree to use it at your
own risk. Garmin and its licensors (and their licensors
and suppliers) make no guarantees, representations or
warranties of any kind. express or implied, arising by
law or otherwise, including but not limited
to,
content,
quality, accuracy, completeness, effectiveness, reliability,
merchantability. fitness for a particular purpose,
usefulness, use or results to bc obtained from the
Product. or that the Data or server will be uninterrupted
or error-free.
Disclaimer of Warranty. GARMIN AND ITS
LICENSORS (INCLUDING THEIR LICENSORS
AND SUPPLIERS) DISCLAIM ANY WARRANTIES.
EXPRESS OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR
NON[NFRINGEMENT. NO ORAL OR WRlTTE
ADVICE OR INFORMATION PROVIDED BY
GARMIN OR ITS SUPPLIERS AND LICENSORS
SHALL CREATE AWARRANTY, A '0 YOU ARE
NOT ENTITLED TO RELY ON ANY SUCH ADVICE
OR INFORMATION. TH[S DISCLAIMER OF
WARRANTIES IS AN ESSENTIAL CONDITION
OF THIS AGREEMENT. Some States, Territories and
Countries do not allow certain warranty exclusions, so to
that extent the above exclusion may not apply
to
you.
Disclaimer of Liability. GARMIN AND ITS
LICENSORS ([NCLUDING THEIR UCENSORS AND
SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN
RESPECT OF ANY CLA[M, DEMA 0 OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE CAUSE
OF THE CLAIM, DEMAND OR ACTION AlLEGING
ANY LOSS, [NJURY OR DAMAGES, DIRECT OR
INDIRECT, WHICH MAY RESULT FROM THE USE
OR POSSESSION OF THE INFORMATION; OR FOR
ANY LOSS OF PROFIT, REVENUE, CONTRACTS
OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT.
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THIS INFORMATION,ANY
DEFECT [N THE DATA OR INFORMATION, OR THE
BREACH OF THESE TERMS OR CONDITIONS,
WHETHER IN AN ACT10N I CONTRACT OR TORT
OR BASED ON AWARRANTY, EVEN IF GARMIN
OR ITS LICENSORS HAVE BEE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. GARMIN'S
AND ITS LICENSORS' TOTAL AGGREGATE
LIABILITY WITH RESPECT TO [TS OBLIGATIONS
UNDER TH[S AGREEME, T OR OTHERWISE WITH
RESPECT TO THE GARMIN PRODUCT OR THE
DATA SHALL NOT EXCEED $1.00. Some States.
Territories and Countries do not allow certain liability
exclusions or damages limitations, so
to
that extent the
above may not apply to you.
Disclaimer of Endorsement. Reference to any products,
services, processes, hypertext links to third parties or
other Data by trade name. trademark, manufacturer,
supplier or otherwise does not necessarily constitute or
imply its endorsement, sponsorship or recommendation
by Garmin or its licensors. Product and service
information are the sole responsibility of each individual
vendor. The NAVTEQ name and logo, the NAVTEQ
and NAVTEQ ON BOARD trademarks and logos, and
other trademarks and trade names owned by NAVTEQ
North America LLC may not be used in any commercial
manner without the prior written consent ofNAVTEQ.
Export Control. You agree not to export from anywhere
any part of the Data provided to you or any direct
product thereof except in compliance with, and with all
licenses and approvals required under, applicable export
laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold
Garmin and its licensors (including their respective
licensors, suppliers, assignees, subsidiaries, affiliated
companies, and the respective officers, directors,
employees, shareholders, agents and representatives
of each of them) free and harmless from and against
any liability, loss, injury (including injuries resulting in
death), demand, action, cost, expense, or claim of any
kind or character, including but not limited to attorney's
fees, arising out of or in connection with any use or
possession by you of the Product (including the Data).
Canadian Map Data. The Map Data for Canada
may include or reflect data of licensors, including Her
Majesty and Canada Post. Such data is licensed on
an "as is" basis. The licensors, including Her Majesty
and Canada Post, make no guarantees. representations
or warranties respecting such data, either express or
implied, arising by law or otherwise, including but not
limited to, effectiveness, completeness, accuracy or
fitness for a particular purpose. The licensors. including
Her Majesty and Canada Post, shall not be liable in
respect of any claim, demand or action, irrespective of
the nature of the cause of the claim, demand or action
alleging any loss, injury or damages, direct or indirect,
which may result from the use or possession of the data
or the Map Data. The licensors, including Her Majesty
and Canada Post, shall not be liable in any way for loss
of revenues or contracts, or any other consequential loss
of any kind resulting from any defect in the data or the
Map Data. You shall indemnify and save hamlless the
licensors, including Her Majesty the Queen, the Minister
of Natural Resources of Canada and Canada Post, and
their officers, employees and agents from and against
any claim, demand or action, irrespective of the nature of
the cause of the claim, demand or action, alleging loss.
costs, expenses, damages or injuries (including injuries
resulting in death) arising out of the use or possession of
the data or the Map Data.
Term. This Agreement is effective until such time as (i)
if applicable, your subscription tenn is either tenninated
(by you or by Garmin) or expires, or (ii) Garmin
terminates this Agreement for any reason, including, but
not limited
to,
if Garmin finds that you have violated
any of the terms of this Agreement. In addition, this
Agreement shall terminate immediately upon the
tennination of an agreement between Garmin and any
third party from whom Garmin licenses the Data.
Entire Agreement. These terms and conditions
constitute the entire agreement between Garmin (and its
licensors, including their licensors and suppliers) and you
pertaining to the subject matter hereof, and supersedes
in their entirety any and all written or oral agreements
previously existing between us with respect to such
subject matter.