10
Garmin Mobile
™
for BlackBerry
®
quick start manual
the Application. Such repairs or replacement will be made at no charge to you
provided that you shall be responsible for any transportation cost. This warranty
does not cover failures due to abuse, misuse, accident or unauthorized alteration
or repairs.
The Garmin Mobile Application is intended to be used only as a travel aid and
must not be used for any purpose requiring precise measurement of direction,
distance, location or topography. GARMIN MAKES NO WARRANTY AS
TO THE ACCURACY OR COMPLETENESS OF MAP DATA OR OTHER
THIRD-PARTY CONTENT IN THE APPLICATION.
THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM TRADE USAGE
OR COURSE OF CONDUCT, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND OTHER
EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS,
“REAL-TIME” INFORMATION, TITLE OR ANY OTHER TYPE OF
WARRANTIES RELATING TO THE GARMIN MOBILE APPLICATION OR
ITS PERFORMANCE HEREUNDER.
Limitation of Liability:
YOU ASSUME ALL RESPONSIBILITY AND
RISK FOR THE USE OF THE GARMIN MOBILE APPLICATION, AND
GARMIN DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY,
OR DAMAGE RESULTING FROM USE OF THE GARMIN MOBILE
APPLICATION AND ANY THIRD-PARTY DATA OR CONTENT. IT IS
YOUR RESPONSIBILITY TO USE THE GARMIN MOBILE APPLICATION
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 APPLICATION AND ANY THIRD-PARTY DATA OR CONTENT,
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 APPLICATION 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.
Miscellaneous:
This Agreement constitutes the entire understanding and
agreement of the parties (except for any separate end-user license agreements
required by Garmin’s third-party data providers, which shall be read in
conjunction with this Agreement), and supersedes all prior and contemporaneous
understandings and agreements, whether written or oral, with respect to its
subject matter. No delay or failure by Garmin to exercise or enforce at any
time any right or provision hereof will be considered a waiver thereof. No
single waiver will constitute a continuing or subsequent waiver. No waiver,
modification or amendment of any provision hereof will be effective against
Garmin unless it is in a signed writing by Garmin. You may not assign your
rights or obligations hereunder (including as a change of control) without the
prior written consent of Garmin. Subject to the foregoing, this Agreement will
bind and inure to the benefit of the successors and permitted assigns of the
parties. This Agreement shall be governed and construed in all respects by the
laws of the State of Kansas, without regard to principles of conflict of laws and
without application of the Uniform Computer Information Transaction Act. The
parties agree that the exclusive jurisdiction and venue of any dispute amongst the
parties shall be entered in the state or federal courts within the State of Kansas,
and each of the parties hereby waives any right to a trial by jury. If any provision
