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16 Garmin Mobile™ 20 set up and go!
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 18-52.227-86(d) 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, afliated companies and their
respective ofcers, 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 OTHER PARTY
FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, INDIRECT, DIRECT, SPECIAL, PUNITIVE, OR
EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE GARMIN MOBILE TECHNOLOGY, EVEN IF
GARMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SUBJECT TO THE FOREGOING, GARMIN’S AND ITS
SUPPLIERS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO
ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE
WITH RESPECT TO THE GARMIN MOBILE TECHNOLOGY
SHALL NOT EXCEED $1.00. SOME STATES AND COUNTRIES
DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.