Garmin GI 275 Installation Manual page 5

b. Protection of Software and Documentation. Licensee shall use its best efforts to protect the Licensed Software and
Documentation from unauthorized access, distribution, modification, display, reproduction, disclosure or use 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.
Term and Termination.
4.
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.
General.
6.
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
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GI 275 Part 23 AML STC Installation Manual
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