Garmin 20 User Manual download pdf (Page 19)

Garmin Mobile™ 20 set up and go! 17

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, modication

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 benet 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 conict 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 of this Agreement or the application thereof to any party

or circumstance is held to be invalid, illegal, or unenforceable in any

respect, that provision to the extent permitted by law (not otherwise)

shall be severed from this Agreement and shall not affect the remainder

hereof, and the parties agree to substitute for such provision a valid

provision which most closely approximates the intent and economic

effect of such severed provision. The parties to this Agreement are

independent contractors. Garmin shall not be liable to you for a failure

to perform any of its obligations under this Agreement during any

period in which such performance is delayed due to circumstances

beyond its reasonable control. All notices hereunder must be in writing

and mailed by certied mail, return receipt requested, or by prepaid

courier service, or by facsimile with receipt conrmed by telephone, to

each party’s address.

Trafc.com™ End-User License

Agreement

The terms and conditions of Trafc.com’s end-user license agreement

(as modied from time to time by Trafc.com) located at

http://corporate.trafc.com/enduser.html is incorporated herein by this

reference.

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Garmin 20 User Manual Page 19