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Garmin Mobile
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for BlackBerry
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Technology or any part thereof, including the third-party content data;
(iv) assign, sublicense, convey, transfer, pledge as security, or otherwise
encumber the rights and licenses granted hereunder; (v) use the Garmin
Mobile Technology in any fashion that may infringe any patent,
copyright, trademark, trade secret, or any other intellectual property
or proprietary right of Garmin, its third-party data providers, or any
other third-party; (vi) directly or indirectly use, broadcast, or distribute
the Garmin Mobile Technology in connection with a television, radio,
web, telephone, or telematics application without the specic written
approval of Garmin; (vii) provide any portion of the Garmin Mobile
Technology to a government agency; or (viii) enter into any agreement
with any third-party that in any way restricts, prevents, or hinders the
ability of Garmin to provide to such third-party the Garmin Mobile
Technology or any other product or service made available by Garmin
from time to time.
Charges/Fees: In consideration for your access to the Garmin Mobile
Technology and the license granted hereunder, you are responsible
for payment of any and all applicable Garmin Mobile Technology
subscription fees that may be applicable to your particular Garmin
Mobile Technology, as determined by Garmin and which are subject to
change from time to time. Garmin may terminate this Agreement and
your license immediately upon any failure by you to pay any required
Garmin Mobile Technology subscription fees. In addition, you are
responsible for any applicable charges and fees associated with any data
plan fees or other subscription charges or fees of any kind whatsoever
that may be required by your mobile phone carrier to access the Garmin
Mobile Technology.
Ownership of Technology: You acknowledge and agree that Garmin
owns all right, title, and interest in or, if applicable, licenses to
the Garmin Mobile Technology, including, but not limited to, all
trademarks, data, and content, except to the extent any such third-party
content data is owned by the respective third-party data provider. Any
reference to 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.
Term: This Agreement is effective until such time as (i) if applicable
to your specic Garmin Mobile Technology, your subscription term
is either terminated (by you or by Garmin) or expires, or (ii) the
Agreement is otherwise terminated in accordance with the terms
and conditions of this Agreement (“Term”). If your Garmin Mobile
Technology Host Product comes with a “lifetime” subscription, the
term “lifetime” shall mean the useful life of your specic Host Product.
Garmin may terminate this Agreement for any reason, including,
but not limited to, if Garmin nds that you have violated any of the
terms of this Agreement. In addition, this Agreement shall terminate
immediately upon the termination of the agreement between Garmin
and any third-party from whom Garmin licenses third-party content
data for use as part of or in the Garmin Mobile Technology. In such
case where Garmin’s agreement with a third-party data provider
terminates and, therefore, you no longer have access to all or a part of
the Garmin Mobile Technology, your sole remedy in such instance is a
refund of any unused portion of any subscription fee applicable to your
specic subscription term. No such refunds shall apply with respect
to “lifetime” subscriptions for applicable Garmin Mobile Technology
Host Products. All provisions relating to condentiality, indemnity,
proprietary rights, and non-disclosure shall survive the termination
of this Agreement. All other rights and obligations of the parties shall