52
iQue
®
M4 Operating Instructions
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PPENDIX
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S
OFTWARE
L
ICENSE
A
GREEMENT
4.
TERM:
This License shall continue for as long as you use the Product. However, this License will terminate automatically without notice
from Garmin if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the Product.
The Limitations of Warranties and Liability set out in the next paragraphs shall continue in force even after any termination.
5.
LIMITATION OF WARRANTIES AND LIABILITY:
THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE
OF TRADE, OR COURSE OF DEALING. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PRODUCT,
AND GARMIN DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY, OR DAMAGE RESULTING FROM USE OF THIS PRODUCT,
WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT GARMIN HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF
THE POSSIBILITY OF SUCH LOSS, INJURY, OR DAMAGE. IN NO EVENT SHALL GARMIN HAVE ANY LIABILITY TO YOU
OR ANY OTHER PERSON OR ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR
DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH
OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. Some states do not allow the exclusion of incidental or
consequential damages or the limitation of duration of an implied warranty so the above limitations may not apply to you.
IT IS YOUR RESPONSIBILITY TO USE THIS PRODUCT PRUDENTLY AND TO VISUALLY VERIFY STREETS, ROADS, ROAD
SIGNS, AND DIRECTIONS. THIS PRODUCT IS INTENDED TO BE USED ONLY AS A TRAVEL AID AND SHOULD NOT BE USED
FOR ANY PURPOSE REQUIRING PRECISE MEASUREMENT OF DIRECTION, DISTANCE, OR LOCATION. DO NOT ATTEMPT TO
ENTER INFORMATION INTO THE PRODUCT, OR CONTROL THE PRODUCT, WHILE OPERATING A VEHICLE.
6.
U.S. GOVERNMENT RESTRICTED RIGHTS
. (I) THE PRODUCT and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer/Contractor is Garmin International, Inc.,
1200 East 151st Street, Olathe, KS 66062. (II) All Garmin technical data and computer software is commercial in nature and developed solely at
private expense. Software is delivered as Commercial Computer Software as defined in DFARS 252.227-7014 (June 1995) or as a commercial
item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in Garmin’s standard commercial license for such
software. Technical data is provided with limited rights only as provided in DFARS 252.227-7015 (Nov. 1995) or FAR 52.227-15 (June 1987),
whichever is applicable.
7.
EXPORT CONTROLS:
You agree not to export or re-export the Product to any country in violation of the export control laws of the United
States of America.
8.
GARMIN LICENSORS:
With respect to Third Party Software contained in the Product, the provisions of this License shall inure to the
benefit of the licensors to Garmin of third party software contained in the Product. Such licensors shall be third party beneficiaries hereof, and
shall have the right to enforce any and all rights and claims arising hereunder with respect to such third party software, including the right to
bring an action directly against you, in the event of a breach by you of your obligations hereunder.
9.
GENERAL:
This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may
not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of
Kansas, United States of America. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or
unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.
