Garmin GI 275 Maintenance Manual page 5

with at least the same degree of care as Licensee normally uses in protecting its own software and documentation
of a similar nature from unauthorized access, distribution, modification, display, reproduction, disclosure or use.
Licensee shall limit access to the Licensed Software and Documentation to only those employees of Licensee
who require access to the Licensed Software or Documentation for the Permitted Purpose and who have been
made aware of the restrictions set forth in this Agreement. Licensee shall take prompt and appropriate action to
prevent unauthorized use or disclosure of the Licensed Software and Documentation.
4. Term and Termination.
a. Term. The term of this Agreement shall commence on the Effective Date, and shall continue in perpetuity
thereafter, unless terminated earlier as provided in this Section 4.
b. Termination by Garmin. Garmin may immediately terminate this Agreement upon written notice to Licensee if
Licensee commits a material breach of this Agreement or breaches a material term of this Agreement.
c. Effect of Termination. Upon any termination of this Agreement for any Party: (a) Licensee shall immediately
cease all use of the Licensed Software and Documentation; (b) all rights and licenses granted to Licensee to the
Licensed Software and Documentation and Gamin's related obligations shall immediately terminate; and (c)
Sections 4.3, 5 and 6 shall survive.
5. Disclaimer; Limitations of Liability; Indemnity.
a. DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED
SOFTWARE AND DOCUMENTATION (INCLUDING ANY RESULTS TO BE OBTAINED FROM ANY
USE OF THE LICENSED SOFTWARE AND DOCUMENTATION) ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITH NO WARRANTIES, GUARANTEES OR REPRESENTATIONS AND NEITHER
GARMIN NOR ITS AFFILIATES MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE,
STATUTORY OR OTHERWISE, UNDER LAW OR FROM THE COURSE OF DEALING OR USAGE OF
TRADE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT, TITLE, OR SIMILAR,
UNDER THE LAWS OF ANY JURISDICTION. GARMIN DOES NOT WARRANT THAT THE LICENSED
SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S REQUIREMENTS OR THAT
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE
ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED
SOFTWARE AND DOCUMENTATION. THE LICENSED SOFTWARE IS NOT INTENDED FOR USE IN
ANY NUCLEAR, MEDICAL, OR OTHER INHERENTLY 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.
190-02246-C2
Rev. 3
GI 275 Part 27 AML STC Maintenance Manual
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