Garmin Mobile
™
for BlackBerry
®
set up and go!
directly or indirectly use, broadcast, or distribute the Garmin Mobile
Technology in connection with a television, radio, web, telephone,
or telematics application without the specific written approval of
Garmin; (vii) provide any portion of the Garmin Mobile Technology
to a government agency; or (viii) enter into any agreement with any
third-party that in any way restricts, prevents, or hinders the ability of
Garmin to provide to such third-party the Garmin Mobile Technology
or any other product or service made available by Garmin from time
to time.
Charges/Fees
: In consideration for your access to the Garmin Mobile
Technology and the license granted hereunder, you are responsible
for payment of any and all applicable Garmin Mobile Technology
subscription fees that may be applicable to your particular Garmin
Mobile Technology, as determined by Garmin and which are subject
to change from time to time. Garmin may terminate this Agreement
and your license immediately upon any failure by you to pay any
required Garmin Mobile Technology subscription fees. In addition,
you are responsible for any applicable charges and fees associated
with any data plan fees or other subscription charges or fees of any
kind whatsoever that may be required by your mobile phone carrier to
access the Garmin Mobile Technology.
Ownership of Technology
: You acknowledge and agree that
Garmin owns all right, title, and interest in or, if applicable, licenses
to the Garmin Mobile Technology, including, but not limited to,
all trademarks, data, and content, except to the extent any such
third-party content data is owned by the respective third-party data
provider. Any reference to 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.
term
: This Agreement is effective until such time as (i) if applicable
to your specific Garmin Mobile Technology, your subscription term
is either terminated (by you or by Garmin) or expires, or (ii) the
Agreement is otherwise terminated in accordance with the terms
and conditions of this Agreement (“Term”). If your Garmin Mobile
Technology Host Product comes with a “lifetime” subscription,
the term “lifetime” shall mean the useful life of your specific Host
Product. Garmin may terminate 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 the agreement
between Garmin and any third-party from whom Garmin licenses
third-party content data for use as part of or in the Garmin Mobile
Technology. In such case where Garmin’s agreement with a third-
party data provider terminates and, therefore, you no longer have
access to all or a part of the Garmin Mobile Technology, your sole
remedy in such instance is a refund of any unused portion of any
subscription fee applicable to your specific subscription term. No
such refunds shall apply with respect to “lifetime” subscriptions for
applicable Garmin Mobile Technology Host Products. All provisions
relating to confidentiality, indemnity, proprietary rights, and non-
disclosure shall survive the termination of this Agreement. All other
rights and obligations of the parties shall cease upon termination
including, but not limited to, all licenses granted hereunder.
Confidentiality
: At all times during the Term and thereafter, you shall
keep confidential and not disclose, directly or indirectly, and shall not
