SOFTWARE OR DOCUMENTATION, EVEN IF GARMIN HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
5.3 Indemnity. Licensee shall indemnify, defend and hold Garmin and its affiliates
harmless against any and all losses, claims, actions, causes of action, liabilities,
demands, fines, judgments, damages and expenses suffered or incurred by Garmin or
its affiliated companies in connection with: (a) any use or misuse of the Licensed
Software or Documentation by Licensee or any third party in Licensee’s reasonable
control; or (b) Licensee’s breach of this Agreement.
6. General.
6.1 No Devices or Services. Licensee acknowledges and agrees that nothing in this
Agreement shall be construed as requiring Garmin to: (a) provide or supply the
Devices or any other devices or hardware to Licensee; (b) grant any 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.
6.2
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.
6.3 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.
6.4 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 Garmin’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.
6.5
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.
6.6 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.
6.7
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
Software License Agreement
Garmin G1000 NXi Cockpit Reference Guide for the Piper M350 190–02362–00 Rev. A