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- 164 - Appendix
Garmin also reserves the right to discontinue offering any Data supplied
by any third party supplier if such supplier ceases to supply such
content or Garmin’s contract with such supplier terminates for any
reason.
Restrictions. Except where you have been specifically licensed to do
so by Garmin and without limiting the preceding paragraph, you may
not use this Data with any products, systems or applications installed or
otherwise connected to or in communication with vehicles and which
are capable of dispatch, fleet management or similar applications where
the Data is used by a central control centre in dispatching a fleet of
vehicles. In addition, you are prohibited from renting or leasing the Data
or the Garmin products containing the Data to any other person or third
party. Only those hire car companies that are specifically authorised by
Garmin in writing to rent Garmin products containing the Data to their
rental customers are permitted to rent out such products.
No warranty. This Product (including the Data) is provided to you “as
is,” and you agree to use it at your own risk. Garmin and its licensors
(and their licensors and suppliers) make no guarantees, representations
or warranties of any kind, express or implied, arising by law or
otherwise, including but not limited to, content, quality, accuracy,
completeness, effectiveness, reliability, merchantability, fitness for a
particular purpose, usefulness, use or results to be obtained from the
Product or that the Data or server will be uninterrupted or error-free.
Disclaimer of warranty. GARMIN AND ITS LICENSORS (INCLUDING
THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY
WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ORAL OR
WRITTEN ADVICE OR INFORMATION PROVIDED BY GARMIN OR
ITS SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY
AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE
OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN
ESSENTIAL CONDITION OF THIS AGREEMENT. Some States,
Territories and Countries do not allow certain warranty exclusions, so to
that extent the above exclusion may not apply to you.
Disclaimer of liability. GARMIN AND ITS LICENSORS (INCLUDING
THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO
YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION,
IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM,
DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR
DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM
THE USE OR POSSESSION OF THE INFORMATION;