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Garmin Clear Channel End User License Agreement

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Clear Channel End User Subscriber
Agreement
Total Trafc Network, a division of Clear Channel Broadcasting, Inc., holds the rights
to the trafc incident data and RDS-TMC network through which it is delivered. You
may not modify, copy, scan, or use any other method to reproduce, duplicate, republish,
transmit, or distribute in any way any portion of trafc incident data. The terms and
conditions of this agreement shall apply to any subsequent user or acquirer of the
device on which the trafc incident data appears. You may have to receive the Total
Trafc Network trafc data. You agree to indemnify, defend, and hold harmless Inrix,
Inc. and Clear Channel Broadcasting, Inc. (and its afliates) and Garmin International,
Inc. (and its afliates) against any and all claims, damages, costs, or other expenses that
arise directly or indirectly out of (a) your unauthorized use of the trafc incident data or
the RDS-TMC network, (b) your violation of this directive and/or (c) any unauthorized
or unlawful activities by you in connection herewith.
Total Trafc Network trafc data is informational only. User assumes all risk of use.
Total Trafc makes no representations about content, trafc and road conditions, route
usability, or speed.
You shall no longer have the right to use the Clear Channel trafc data if you are in
material breach of any of the terms of this End User Subscriber Agreement.
THE LICENSED MATERIAL IS PROVIDED TO LICENSEE “AS IS,” AND
“WHERE IS”. TOTAL TRAFFIC NETWORK, INCLUDING, BUT NOT LIMITED
TO, ANY AND ALL THIRD PARTY PROVIDERS OF ANY OF THE LICENSED
MATERIAL, EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED
BY LAW, ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO
THE LICENSED MATERIAL (INCLUDING, WITHOUT LIMITATION, THAT THE
LICENSED MATERIAL WILL BE ERROR-FREE, WILL OPERATE WITHOUT
INTERRUPTION OR THAT THE TRAFFIC DATA WILL BE ACCURATE),
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM A
COURSE OF DEALING OR USAGE OF TRADE.
© 2005–2008 Garmin Ltd. or its subsidiaries
Garmin International, Inc.
1200 East 151
st
Street, Olathe, Kansas 66062, USA
Garmin (Europe) Ltd.
Liberty House, Hounsdown Business Park, Southampton, Hampshire, SO40 9RB UK
Garmin Corporation
No. 68, Jangshu 2nd Road, Shijr, Taipei County, Taiwan
www.garmin.com
September 2008 Part Number 190-00478-03 Rev. C Printed in Taiwan
TOTAL TRAFFIC NETWORK WILL NOT BE LIABLE TO YOU FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES,
ANTICIPATED REVENUES, OR PROFITS RELATING TO THE SAME) ARISING
FROM ANY CLAIM RELATING DIRECTLY, OR INDIRECTLY TO USE OF
THE TRAFFIC DATA, WHETHER A CLAIM FOR SUCH DAMAGES IS BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, OR STRICT LIABILITY).
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