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Appendix - 165 -
OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR
SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR
USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT
IN THE DATA OR INFORMATION, OR THE BREACH OF THESE
TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT
OR TORT OR BASED ON A WARRANTY, EVEN IF GARMIN OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. GARMIN’S AND ITS LICENSORS’ TOTAL AGGREGATE
LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR OTHERWISE WITH RESPECT TO THE GARMIN
PRODUCT OR THE DATA SHALL NOT EXCEED $1.00. Some States,
Territories and Countries do not allow certain liability exclusions or
damages limitations, so to that extent the above may not apply to you.
Disclaimer of endorsement. Reference to any 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.
Export control. You agree not to export from anywhere any part of the
Data provided to you or any direct product thereof except in compliance
with, and with all licences and approvals required under, applicable
export laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold Garmin and its
licensors (including their respective licensors, suppliers, assignees,
subsidiaries, affiliated companies and the respective officers, directors,
employees, shareholders, agents and representatives of each of them)
free and harmless from and against any liability, loss, injury (including
injuries resulting in death), demand, action, cost, expense or claim of
any kind or character, including but not limited to lawyer’s fees, arising
out of or in connection with any use or possession by you of the Product
(including the Data).
Term. This Agreement is effective until such time as (i) if applicable,
your subscription term is either terminated (by you or by Garmin) or
expires, or (ii) Garmin terminates this Agreement for any reason,
including, but not limited to, if Garmin finds that you have violated any of
the terms of this Agreement. In addition, this Agreement shall terminate
immediately upon the termination of an agreement between Garmin and
any third party from whom Garmin licenses the Data. You agree, upon
termination, to destroy all copies of the Data. The Disclaimers of
Warranty and Liability set out above shall continue in force even after
any termination.