190-02207-A2
GPS 175/GNX 375/GNC 355 Part 23 AML STC Maintenance Manual
Rev. 3
Page v
licenses to any software other than the Licensed Software; or (c) provide any services, such as support, maintenance,
installation or professional services for the Licensed Software.
b. Non-Exclusive. Each Party's rights and obligations under this Agreement are non-exclusive. Garmin is not precluded
from marketing, licensing, providing, selling or distributing the Licensed Software or Documentation, or any other
products, software, documentation or services, either directly or through any third party.
c. Assignment. Licensee may not assign this Agreement or any of its rights, interests or obligations hereunder without
the prior written consent of Garmin. Any purported assignment in violation of this Section 6.3 shall be null and void.
Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their
respective successors and permitted assigns and transferees.
d. Feedback and Data. Licensee may from time to time provide feedback, comments, suggestions, questions, ideas, or
other information to Garmin concerning the Licensed Software or Documentation or Gamin's products, services,
technology, techniques, processes or materials (“Feedback”). Garmin may in connection with any of its products or
services freely use, copy, disclose, license, distribute and otherwise exploit such Feedback in any manner without any
obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise.
e. Governing Law. The validity, interpretation and enforcement of this Agreement will be governed by the substantive
laws, but not the choice of law rules, of the state of Kansas. This Agreement shall not be governed by the 1980 UN
Convention on Contracts for the International Sale of Goods.
f.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you
are not listed on any U.S. Government list of prohibited or restricted parties.
g. Injunctive Relief. The Parties acknowledge and agree that irreparable damage would occur if any provision of this
Agreement was not performed in accordance with its specific terms or was otherwise breached and as such, the Parties
will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the
performance of the terms and provisions of this Agreement without proof of actual damages, this being in addition to
any other remedy to which any Party is entitled at law or in equity.
h. Amendments and Waivers. This Agreement may be amended and any provision of this Agreement may be waived,
provided that any such amendment or waiver will become and remain binding upon a Party only if such amendment or
waiver is set forth in a writing by such Party. No course of dealing between or among any persons having any interest
in this Agreement will be deemed effective to modify, amend or discharge any part of this Agreement or any rights or
obligations of any Party under or by reason of this Agreement. No delay or failure in exercising any right, power or
remedy hereunder will affect or operate as a waiver thereof; nor will any single or partial exercise thereof or any
abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise
thereof or of any other right, power or remedy. The rights and remedies hereunder are cumulative and not exclusive of
any rights or remedies that any Party would otherwise have.
i.
Severability. The provisions of this Agreement will be severable in the event that for any reason whatsoever any of the
provisions hereof are invalid, void or otherwise unenforceable, any such invalid, void or otherwise unenforceable
provisions will be replaced by other provisions which are as similar as possible in terms to such invalid, void or
otherwise unenforceable provisions but are valid and enforceable and the remaining provisions will remain valid and
enforceable to the fullest extent permitted by applicable law, in each case so as to best preserve the intention of the
Parties with respect to the benefits and obligations of this Agreement.
j.
No Third-Party Beneficiaries. This Agreement is solely for the benefit of the Parties and does not confer on third
parties any remedy, claim, reimbursement, claim of action or other right in addition to those existing without reference
to this Agreement.
k. Entire Agreement. This Agreement shall constitute the entire agreement between Garmin and you with respect to the
subject matter hereof and will supersede all prior negotiations, agreements and understandings of Garmin and you of
any nature, whether oral or written, with respect to such subject matter.
l.
Interpretation. In this Agreement: (a) headings are for convenience only and do not affect the interpretation of this
Agreement; (b) the singular includes the plural and vice versa; (c) the words 'such as', 'including', 'particularly' and
similar expressions are not used as, nor are intended to be, interpreted as words of limitation; (d) a reference to a
person includes a natural person, partnership, joint venture, government agency, association, corporation or other
body corporate; a thing includes a part of that thing; and a party includes its successors and permitted assigns; and (e)
no rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of
this Agreement. Any translation of this Agreement from English is provided as a convenience only. If this Agreement
is translated into a language other than English and there is a conflict of terms between the English version and the
other language version, the English version will control.
