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on commercial computer software), FAR 52.227-19
(JUN 1987) (commercial computer software clause
for civilian agencies), DFARS 252.227-7015 (NOV 1995)
(DOD technical data – commercial items clause);
FAR 52.227-14 Alternates I, II, and III (JUN 1987)
(civilian agency technical data and noncommercial
computer software clause); and/or FAR 12.211
and FAR 12.212 (commercial item acquisitions), as
applicable. In case of conflict between any of the FAR
and DFARS provisions listed herein and this License,
the construction that provides greater limitations on
the Government’s rights shall control. The contractor/
manufacturer is Garmin International, Inc., 1200 East
151st Street, Olathe, KS 66062, USA and NAVTEQ®
North America LLC, 222 Merchandise Mart Plaza, Suite
900, Chicago, Illinois 60654.
DMTI Spatial, Inc. End User License
Agreement
The software embedded in your Garmin product is
owned by Garmin Ltd. or its subsidiaries (“Garmin”).
The third-party postal code data (the “Licensed
Product”) embedded in or accompanying your
Garmin product is owned by DMTI Spatial, Inc. and is
licensed to Garmin. Both the software and Licensed
Product are protected under copyright laws and
international copyright treaties.
THIS is a legal Agreement between you, the end user,
and DMTI Spatial, Inc. BY LOADING THE PRODUCT(S)
WITH THIS AGREEMENT YOU ARE AGREEING TO
BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PROMPTLY (within 7 days of purchase)
RETURN THE PRODUCTS AND ANY ACCOMPANYING
ITEMS (including written materials) TO Garmin
INTERNATIONAL, INC. CUSTOMER SERVICE, 1200
EAST 151ST STREET, OLATHE, KANSAS 66062, FOR A
REFUND.
DMTI Spatial hereby grants to you a non-exclusive,
non-transferable license to use the data contained
on the media in this package (the “Licensed Product”)
solely for personal non-commercial use or internal
use in your business, on a single computer, Pocket PC,
or Palm device in conjunction with Garmin software,
and with compatible Garmin products that you
personally own. Your use of the data is subject to the
following terms and conditions:
You acknowledge that the Licensed Product(s)
belong to DMTI Spatial and its third party supplier,
and that the Licensed Product(s) are copyrighted.
Unauthorized copying of the Licensed Product(s),
is expressly forbidden and you may be held legally
responsible for copyright infringement which is
caused or encouraged by your failure to abide by the
terms of this agreement. You may make one archival
copy of the Licensed Product(s), solely for your own
use, subject to the following restrictions: (1) The
archival copy must be treated in the same way as
the original copy; (2) No copy may be used while any
other copy is in use. If you make an archival copy of
the Licensed Product(s), you must include on it the
copyright notice that is on the original media.
You may not reproduce, sell, rent, lease, loan,
distribute or sublicense the Licensed Product(s) or
otherwise transfer the Licensed Product(s) to any
third party, use the Licensed Product for commercial
purposes except for internal use in your business,
decompile, disassemble, reverse-engineer the
Licensed Product(s), or use the Licensed Product
to create any derived product for any of these
prohibited purposes. You may not place the Licensed
Product(s) on the Internet without a prior written
agreement with DMTI Spatial.
In no event shall DMTI Spatial or its third party
supplier(s) be liable to you or your organization for
any indirect damages including any lost profits, lost
savings, interruption of business, loss of business
opportunities or other incidental or consequential
damages, arising out of your possession, use of, or
inability to use the Licensed Product(s), even if DMTI
Spatial, its third party supplier(s), or any authorized
dealer, has been advised of the possibility of the
damages, or for any claim by any other party. In no
event shall DMTI Spatial have any liability for damage
in excess of the license fee paid for the Licensed
Product(s).
You shall indemnify and hold DMTI Spatial, its third
party supplier(s) and their officers, employees and
agents, harmless from and against any claim, demand
or action, irrespective of the nature of the claim,
demand or action, alleging loss, costs, damages,
expenses, or injury (including injury from death)
resulting from your authorized or unauthorized, use,
possession, modification, or alteration of the Licensed
Product(s).
THE LICENSED PRODUCT(S) AND THE ASSOCIATED
WRITTEN MATERIALS IN CONNECTION THEREWITH
ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, ARISING BY
LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF EFFECTIVENESS, COMPLETENESS,
ACCURACY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE LICENSED
PRODUCT(S) IS WITH YOU, THE END USER. NO ORAL
OR WRITTEN ADVICE GIVEN BY DMTI SPATIAL OR ITS
DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES
CREATES A WARRANTY OR IN NAY WAY INCREASES
DMTI SPATIAL’S LIABILITY AND YOU MAY NOT RELY ON
ANY SUCH INFORMATION OR ADVICE.
190-00901-00_0A.indd 7190-00901-00_0A.indd 7 1/23/2008 11:38:00 AM1/23/2008 11:38:00 AM