End User License Agreement

The Garmin device you have purchased (“Device”), or the download that you are making (the “Download”), may contain an application, content, or both.  If a Device, the software embedded in it (the “Software”), or if a Download, the application, including its embedded software (collectively, the “Application”) is owned by Garmin Ltd. or its subsidiaries (collectively, “Garmin”).  The map data that may be embedded in your Device, the Application or downloaded separately (the “Map Data”) is owned by HERE North America LLC and/or its affiliates (“HERE”) and is licensed to Garmin.  Garmin also owns, or licenses from third party providers, information, traffic data, text, images, graphics, photographs, audio, video, images and other applications and data that may be embedded in the Device or Application, or downloaded separately (“Other Content”).  The Map Data and Other Content are collectively the “Content”.  The Software, Application and Content (collectively, the “Garmin Products”) are protected under copyright laws and international copyright treaties.  The Garmin Products are licensed, not sold.  The structure, organization and code of the Software and Application are valuable trade secrets of Garmin and/or its third-party providers.  The Garmin Products are each provided under  this License Agreement and are subject to the following terms and conditions which are agreed to by End User (“you” or “your”), on the one hand, and Garmin and its licensors and affiliated companies of Garmin and its licensors, on the other hand.  If you are obtaining the Application from a third party application vendor (the “Application Vendor”), you acknowledge that Garmin, and not the Application Vendor, is responsible for the Application.  Garmin’s licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Garmin and its licensors, are each a direct and intended third party beneficiary of this Agreement and may enforce their rights directly against you in the event of your breach of this Agreement.

IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING YOUR DEVICE OR DOWNLOADED APPLICATION OR CONTENT.  PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING YOUR DEVICE OR DOWNLOADED APPLICATION OR CONTENT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS FOR YOUR PRODUCT, RETURN THE COMPLETE DEVICE WITHIN 7 DAYS OF THE DATE YOU ACQUIRED IT (IF PURCHASED NEW) FOR A FULL REFUND TO THE DEALER FROM WHICH YOU PURCHASED THIS DEVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS FOR YOUR DOWNLOAD, DO NOT PURCHASE, INSTALL OR USE THE DOWNLOAD.

License Terms and Conditions

Garmin (“we” or “us”) provides you with the storage media containing the Software and the Content embedded therein, including any “online” or electronic documentation and printed materials in the case of a Device, or in the case of a Download, the Application and the embedded or accompanying Content, including any “online” or electronic documentation and printed materials.  Garmin grants you a limited, non-exclusive license to use the applicable Garmin Product in accordance with the terms of this Agreement.  You agree to use the applicable Garmin Product for solely personal use, or if applicable, for use in your business’ internal operations, and not for service bureau, time-sharing, resale or other similar purposes.  Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy the applicable Garmin Product only as necessary for your use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Garmin Product in any way.  Your use of the Application must not violate any usage rules of the Application Vendor or any other third party service provider you use to enable the Application.  You agree not to otherwise reproduce, archive, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Garmin Products, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.  Garmin also reserves the right to discontinue offering any Content supplied by any third party supplier if such supplier ceases to supply such content or Garmin’s contract with such supplier terminates for any reason.

Support. If you purchased your Application from a third party application vendor and you need operational or technical support and assistance regarding the installation, un-installation, use or operation of the Application, or if you have questions, complaints or claims regarding the Application, contact Garmin at: mobileapplications.support@garmin.com.

Acknowledgement of Application Vendor Responsibility.  If you purchased your Application from a third party application vendor, the Application Vendor shall have no maintenance or support obligation for the Application, nor any responsibility for addressing any claims from you or any third party regarding the possession or use of the Application, including without limitation product liability claims, claims of failure to meet legal or regulatory requirements or consumer protection laws claims.  Further, the Application Vendor shall have no responsibility regarding third party claims of intellectual property rights violations as a result of your possession or use of the Application.

Restrictions. Except where you have been specifically licensed to do so by Garmin, and without limiting the preceding paragraphs, you may not use the Garmin Products with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, and which are capable of dispatch, fleet management or similar applications where the Content is used by a central control center in dispatching a fleet of vehicles.  In addition, you are prohibited from renting or leasing the Garmin Products to any other person or third party. Only those rental car companies that are specifically authorized by Garmin in writing to rent Garmin products containing the Content to their rental customers are permitted to rent out such products.

You agree to be fully responsible for your own conduct and content while using the Software and for any consequences thereof. You agree to use the Software only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Software, You will not:

upload, post, email or transmit or otherwise make available content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such Content;
use the Software or other content for any illegal or unauthorized purpose; or
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
In the event that you are located outside of the United States, you agree to comply with any laws, rules or regulations in your locale or in the location of your web server regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

Data Transfer.  Certain services in connection with the Application may result in a transfer of data from your device.  In that case, additional charges for data transfer may arise, depending on your device data plan.  Please contact your data provider for details about any additional charges.

Garmin Live Services.  Garmin may provide to you services known as “Garmin Live” services.  Garmin Live services may be a “one-time” Live services purchase or a purchase for a specific term.  If a “one-time” purchase is made, purchasers of that service will receive Garmin Live services for the (i) useful life of the purchaser’s Garmin device, (ii) the useful life of the purchaser’s smartphone (if applicable), or (iii) as long as Garmin receives Content from its third party content supplier, whichever of the three periods is shortest.  A Garmin device’s “useful life” means the period during which the device (a) has the required technical capabilities to utilize the then-current Live services (including a Live services-compatible operating system) and (b) is capable of operating as intended without major repairs. A Garmin device will be deemed to be out of service and its useful life to be ended if no updates have been downloaded for such device for a period of 24 months or more.  Garmin Live services content is not available for all areas. Garmin may terminate a Live services subscription immediately for violations of the Live services terms of use.  Live services subscriptions may not be transferred to another person or another Garmin product, even if the application remains on the smartphone.  Garmin Live Services are in part - depending on the service - geographically restricted to the reception and transmission range of the radio transmitters, operated by the respective network operators. They can be affected by atmospheric conditions, topographical conditions, the vehicles location or position as well as obstacles (for example bridges and buildings). Some services are generally not available in every country.  The extent and characteristics of the available services differ from country to country.  You are personally responsible for the compliance with the laws and regulations of the respective countries.

Lifetime Maps.  If you purchase a nüMapsTM Lifetime subscription (sold separately) or if your Garmin product comes bundled with a nüMaps Lifetime or other lifetime map subscription, you will receive Map Data updates when and as such updates are made available on Garmin’s website, during the useful life of one (1) compatible Garmin product or as long as Garmin receives Map Data from HERE, whichever is shorter. A product’s “useful life” means the period during which the product (a) has sufficient memory capacity and other required technical capabilities to utilize current map data and (b) is capable of operating as intended without major repairs. A product will be deemed to be out of service and its useful life to be ended if no updates have been downloaded for such product for a period of 24 months or more.  Unless otherwise stated, the updates you receive under the subscription will be updates to the same geographic area included with your Garmin product when originally purchased. In some instances, your Garmin product might not have sufficient memory remaining for you to load an update to the Map Data, in which case you will need to either (a) select reduced Map Data coverage for your updates, or (b) purchase separately a microSD card or a SD card (if and as applicable to your Garmin product) and load all or a portion of the Map Data coverage for your updates to the card and insert the card into the microSD card or SD card slot contained in your Garmin product.  If neither of the measures in (a) or (b) can be used to address your product’s lack of sufficient remaining memory, then Garmin may conclude that the “useful life” of your product has expired.  Garmin may terminate your nüMaps Lifetime or other lifetime map subscription at any time if you violate any of the terms of this Agreement or your subscription. Your nüMaps Lifetime subscription or other lifetime map subscription may not be transferred to another person or another Garmin product.

No Warranty. The Garmin Products are provided to you “as is,” and you agree to use them at your own risk.  Garmin and its licensors including the licensors, service providers, channel partners and suppliers, and affiliated companies of Garmin and its licensors, make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Garmin Products, or that the Content or server will be uninterrupted or error-free.  The Garmin Products are intended to be used only as supplementary travel aids 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 THE MAP DATA OR OTHER CONTENT.

Disclaimer of Warranty. GARMIN AND ITS LICENSORS, including the licensors, service providers, channel partners, suppliers and affiliated companies of Garmin and its licensors, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY GARMIN OR ITS SUPPLIERS AND LICENSORS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.  THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT.  Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability. GARMIN AND ITS LICENSORS , including the licensors, service providers, channel partners, suppliers and affiliated companies of Garmin and its licensors, SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE GARMIN PRODUCTS; 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 THE GARMIN PRODUCTS, ANY DEFECT IN THE CONTENT OR INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY AND WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE GARMIN PRODUCTS OR FROM DEFECTS OR ERRORS IN THE APPLICATION, 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 LICENSE AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION OR THE CONTENT 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.  If you purchased your Application from a third party application vendor, THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE APPLICATION PURCHASE PRICE.

ANY CONTENT OR MATERIAL DOWNLOADED OR UPLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR ELECTRONIC COMMUNICATION DEVICE  OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR MATERIAL OR THE USE OF THE SOFTWARE.

Predictive Routing.  Your device may have a “predictive routing” feature called myTrends that identifies your driving routines.  If it does have this feature, when your device predicts a route, it will display your estimated time to destination and relevant traffic information regarding the predicted route.  Information related to your driving routines would be accessible to any other person who uses your device.  If you do not want your device to predict your routes or display information related to predicted routes, you may turn off myTrends by accessing your device’s Settings menu.

Collection of Information.  We may collect information relating to how often you use the Garmin Product or the frequency with which certain applications and features of the Garmin Product are used.  This information would be collected anonymously, in a way that does not personally identify you.  We may use this information to detect broad user trends and to otherwise enhance our products or applications. The use of location-based services on the Garmin Product, which may include weather, movie times, traffic information, fuel prices, or information regarding local events, will cause the physical location of your device to be collected in order to provide you with such location-based services. This location data is collected anonymously in a form that does not personally identify you.   If you provide your consent then Garmin will collect and upload information such as your location, speed, and direction (known as “traffic probe data” or “floating car data”) in order to enhance the quality of the traffic data and other content provided by Garmin or other Content providers.  If you provide your consent, then Garmin may also share this data with or sell this data to third parties. This data is shared and sold anonymously in a form that does not personally identify you.  The collection and use of this location information are described in more detail in the privacy statement for the Garmin Product.

Disclaimer of Endorsement; Change of Content Providers. Reference to any products, services, processes, hypertext links to third parties or other Content 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. The HERE name and logo, the HERE and HERE ON BOARD trademarks and logos, and other trademarks and trade names owned by HERE North America LLC may not be used in any commercial manner without the prior written consent of HERE. Content providers may be changed by Garmin during the term of this Agreement, and your experience with the Content provided by a new provider may not duplicate your experience with the previous Content supplier.

Export Control. You agree not to export from anywhere any part of the Content or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.

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.

Indemnity. You agree to indemnify, defend and hold Garmin and its licensors, including the respective licensors, service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of Garmin and its licensors, 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 attorney’s fees, arising out of or in connection with any use or possession by you of the Garmin Products.

Map Data. Use of the Map Data is subject to certain restrictions and/or requirements imposed by third party suppliers and/or governmental or regulatory authorities as further set forth at http://corporate.navteq.com/supplier_terms.html.

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 (a) obtains services or distribution necessary to support the Garmin Products, or (b) licenses Content.  You agree, upon termination, to destroy all copies of the Content.  The Disclaimers of Warranty and Liability set out above shall continue in force even after any termination.

Entire Agreement. These terms and conditions constitute the entire agreement between Garmin and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Garmin and its licensors, and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law.

(a) For European Union HERE Data

The above terms and conditions shall be governed by the laws of the Netherlands, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the Netherlands for any and all disputes, claims and actions arising from or in connection with the HERE Data provided to you hereunder.

(b) For North American HERE Data and other non-European Union HERE Data

The above terms and conditions shall be governed by the laws of Illinois, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of Illinois for any and all disputes, claims and actions arising from or in connection with the HERE Data provided to you hereunder.

(c) For disputes, claims and actions not related to the HERE Data

The above terms and conditions shall be governed by the laws of Kansas, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of Kansas for any and all disputes, claims and actions arising from or in connection with the Application or Content.  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.

Government End Users. If End User is an agency, department, or other entity of the United States Government, or funded in whole or in part by the U.S. Government, then use, duplication, reproduction, release, modification, disclosure or transfer of the Application and accompanying documentation is subject to restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 27.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data – commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable.  In case of conflict between any of the FAR and DFARS provisions listed herein and this License Agreement, the construction that provides greater limitations on the Government’s rights shall control.  The contractor/manufacturer is Garmin International, Inc., 1200 East 151st Street, Olathe, Kansas 66062, USA and HERE North America LLC, 425 West Randolph Street, Chicago, Illinois 60606 USA.

Garmin® is a trademark of Garmin Ltd. or its subsidiaries, registered in the USA and other countries.  These trademarks may not be used without the express permission of Garmin.

HERE is a trademark in the U.S. and other countries. All other company names and trademarks mentioned or referenced in this documentation are the properties of their respective owners. All rights reserved.

Additional Terms and Privacy Policy for Location Platform Services.  If your Application is provided access to Location Platform Services, by accessing such Location Platform Services you agree to application of the Nokia Terms of Service at http://here.com/services/terms and the Nokia Privacy Policy at http://www.nokia.com/global/privacy/privacy/policy/privacy-policy/.