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use for your benefit or any other individual or entity any Confidential
Information of Garmin or any of its third-party data providers.
"Confidential Information" means any trade secrets or confidential
or proprietary information whether written, digital, oral, or other
form which is unique, confidential, or proprietary to Garmin or its
third-party data providers, including, but not limited to, the Garmin
Mobile Technology, and any other materials or information related to
the business or activities of Garmin which are not generally known to
others engaged in similar businesses or activities. You shall return to
Garmin any of its Confidential Information upon request and/or upon
termination of this Agreement.
Restricted rights: If the Garmin Mobile Technology is acquired by
or for the U.S. Government, its agencies or instrumentalities, then it
is provided with Restricted Rights. Use, duplication, or disclosure
by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer
Software clause at DFARS 252.227-7018, or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted Rights at
48 CFR 52.227-19, or clause ) of the NASA Supplement to the FAR,
as applicable. The contractor/manufacturer is Garmin International,
Inc., 1200 East 151st Street, Olathe, KS 66062, USA. You agree not
to export or re-export the Garmin Mobile Technology or its Host
Product to any country in violation of the export control laws of the
United States of America.
Indemnity: You agree to indemnify, defend and hold Garmin
and its licensors and suppliers (including, but not limited to, their
respective assignees, subsidiaries, affiliated companies and their
respective officers, directors, employees and shareholders, agents
and representatives) harmless from and against any and all liability,
loss, injury, demand, action, cost, expense, or claim of any kind or
character, including, but not limited to, attorneys' fees, arising out
of or in connection with your use of or subscription to the Garmin
Mobile Technology.
Limited warranty: THE GARMIN MOBILE TECHNOLOGY IS
PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS. GARMIN AND ITS SUPPLIERS, INCLUDING THIRD-
PARTY DATA PROVIDERS, SPECIFICALLY DISCLAIM ANY
AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR ARISING FROM TRADE USAGE OR COURSE
OF CONDUCT, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE AND OTHER EXPRESS OR
IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS,
"REAL-TIME" INFORMATION, TITLE, NON-INFRINGEMENT,
OR ANY OTHER TYPE OF WARRANTIES RELATING TO THE
GARMIN MOBILE TECHNOLOGY OR ITS PERFORMANCE
HEREUNDER.
Limitation of Liability: YOU ASSUME ALL RESPONSIBILITY
AND RISK FOR THE USE OF THE GARMIN MOBILE
TECHNOLOGY, AND GARMIN DISCLAIMS ALL LIABILITY
FOR ANY LOSS, INJURY, OR DAMAGE RESULTING FROM
USE OF THE GARMIN MOBILE TECHNOLOGY. IT IS
YOUR RESPONSIBILITY TO USE THE GARMIN MOBILE
TECHNOLOGY PRUDENTLY AND TO VISUALLY VERIFY
STREETS, ROADS, ROAD SIGNS, DIRECTIONS, WEATHER
CONDITIONS, AND TRAFFIC CONDITIONS. IN NO EVENT
SHALL GARMIN OR ITS SUPPLIERS, INCLUDING THIRD-
PARTY DATA PROVIDERS, BE LIABLE TO YOU OR ANY
Garmin Mobile
for BlackBerry
set up and go!
™
®
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