This End-user License Agreement (“Agreement”) governs your license to the software application, including any updates (the “Application”), or any maps, databases, content, manuals, documentation, and data (collectively, “Content”), whether or not embedded in the Application, that has been provided to you by Garmin Ltd. or its subsidiaries (collectively “Licensor”) or Navionics S.r.l. or its subsidiaries (collectively, “Navionics”). Garmin and Navionics are collectively referred to as “Licensor,” “we,” or “us.”
Both the Application and Content (collectively, the “Licensed Materials”) are protected under copyright laws and international copyright treaties. The structure, organization, and code of the Application are valuable trade secrets of Licensor and/or its third-party providers. The Licensed Materials are licensed, not sold, under the following terms and conditions, which are agreed to by end user (“you” or “your”), on the one hand, and Licensor, its licensors, and their respective affiliates, on the other hand.
IMPORTANT: CAREFULLY READ THIS ENTIRE AGREEMENT BEFORE PURCHASING, INSTALLING, OPENING, OR OTHERWISE USING THE LICENSED MATERIALS. BY USING THE LICENSED MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE, INSTALL, OPEN, OR OTHERWISE USE THE APPLICATION.
LICENSE TERMS AND CONDITIONS
1. License. Licensor grants you a limited, nonexclusive, nontransferable, and nonsublicensable license to use the Licensed Materials, during the term of this Agreement, in accordance with the terms of this Agreement. Licensor reserves the right to modify the Application or to discontinue offering the Application altogether at any time for any reason. Licensor also reserves the right to discontinue offering or replace any Content supplied by any third-party supplier for any reason.
2. General Restrictions. Except as otherwise permitted under this Agreement or under mandatory law, you shall not: (a) reproduce, copy, modify, decompile, or create derivative works of any portion of the Licensed Materials; (b) reverse-engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, distribute, or otherwise make available the Licensed Materials, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time or offering Content within your own products without authorization; (d) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; (e) remove any copyright notices that appear in the Licensed Materials. You agree to use reasonable efforts to protect the Licensed Materials from unauthorized use, reproduction, distribution, or publication, including any use in violation of this Section 2.
3. Additional Restrictions for Certain Licensed Materials. You acknowledge that the Licensed Materials should be used only for general information purposes and you should not rely on the Licensed Materials for any life-or-death situation. Licensed Materials containing marine and lake cartography are designed to provide ancillary aid to navigation by facilitating the use of authorized government charts, not to replace such charts. Only official government charts and notices to mariners contain all information needed for safe navigation. You are responsible for the prudent use of Licensed Materials and shall act in such a way as not to harm or endanger or hinder or create inconvenience to any other person. Any track generated by electronic charts, autorouting software, or similar tools are basic suggestions for route planning only and must not be used for direct navigation. Licensor encourages users to comply with all applicable rules, including speed limits, and recommends them safe, prudent, and vigilant behaviors.
4. Data Collection. Licensor reserves the right to collect and report information related to your use of the Application, such as the frequency with which you use the Application or certain features. We may use this information to detect broad user trends and to otherwise enhance our products or applications or for other purposes Garmin discloses to you from time to time.
5. User Submissions.
You may use the Application to submit or upload content (“User Submissions”). User Submissions remain your property and copyright. However, by submitting any User Submissions to Licensor, you give Licensor a transferable, perpetual, worldwide, royalty-free, irrevocable license and right to reproduce, modify, create derivative works of, license, distribute, sell, publicly display, and publicly perform the User Submissions for any purpose and without restriction or obligation to you. You represent and warrant to Licensor that any User Submissions by you do not and will not infringe the trademark, service mark, copyright, right to publicity, or other intellectual property rights of a third party. You agree that you are solely responsible for verifying the accuracy and lawfulness of any User Submissions contributed by you directly or indirectly to Licensor. You also represent and warrant that any User Submissions submitted by you is accurate, refers to a public and safe location, and is not restricted by any applicable law or regulation.
b. Posting in a Public Forum
“Public Forum” means an area, site, or feature offered as part of any Application that offers the opportunity for users to post User Submissions for viewing by one or more Application users, including without limitation a message board, forum, social community environment, conversation page, or blog. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. By submitting material to any Public Forum, you permit any other user to access, view, store, or reproduce the material for that user's personal use.
You are and will remain solely responsible for the User Submissions you distribute on or through any Application in any Public Forum and for the consequences of submitting and posting same. You should use good judgment when posting information, remarks, or other content regarding other users, service providers, Licensor, or any other third party. You shall be solely responsible for damages suffered by other users, Licensor, or third parties as a result of legally actionable, infringing or defamatory comments, remarks, or other information or content that you post to a Licensor Site. Licensor is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable. We have no duty to monitor any Public Forum.
You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum, and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using any Application or Public Forum.
6. Third-party Content Providers. You acknowledge and agree that certain Content may be provided by or on behalf of third-party content providers (“Third-Party Content”). You agree to comply with any additional terms and conditions applicable to Third-party Content and made available to you available at Garmin.com/legal/bluechart-g3-disclaimer/ in the Application, on the device or card storing the Licensed Materials, or in documentation accompanying the Licensed Materials, which is incorporated into this Agreement by reference. Our licensors, as well as the Application Vendor (defined below) 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. Providers of Content may be changed by Licensor 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.
7. Acknowledgement of Application Vendor Responsibility. If you are obtaining the Application from a third-party application vendor (the “Application Vendor”), you acknowledge that Licensor, and not the Application Vendor, is responsible for the Application. 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 claims. Further, the Application Vendor shall have no responsibility regarding third-party intellectual property infringement claims as a result of your possession or use of the Application. 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.
8. No Warranty; Disclaimer of Warranty. The Licensed Materials are provided to you “as is,” and you agree to use the Licensed Materials at your own risk. LICENSOR AND ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS, AND AFFILIATED COMPANIES OF LICENSOR 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 LICENSOR 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. THE SOLE AND MAXIMUM RESPONSIBILITY OF THE APPLICATION VENDOR IN THE EVENT OF A WARRANTY FAILURE IS A REFUND OF THE APPLICATION PURCHASE PRICE.
9. Disclaimer of Liability. LICENSOR AND ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE PROVIDERS, CHANNEL PARTNERS, SUPPLIERS, AND AFFILIATED COMPANIES OF LICENSOR 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 LICENSED MATERIALS; 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 LICENSED MATERIALS, ANY DEFECT IN THE LICENSED MATERIALS, 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 APPLICATION OR FROM DEFECTS OR ERRORS IN THE APPLICATION, EVEN IF LICENSOR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE LICENSED MATERIALS SHALL NOT EXCEED $1.00. Some States, Territories, and Countries do not allow certain liability exclusions or limitations, so to that extent the above may not apply to you.
10. Export Control. You agree not to export from anywhere any part of the Licensed Materials or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules, and regulations.
11. 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.
12. Indemnity. You agree to indemnify, defend, and hold Licensor 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 Licensor 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 Licensed Materials.
13. Term. This License Agreement is effective until such time as (i) if applicable, your subscription term is either terminated (by you or by Licensor) or expires, or (ii) Licensor terminates this License Agreement for any reason, including, but not limited to, if Licensor 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 Licensor and any third party from whom Licensor (a) obtains services or distribution necessary to support the Application, or (b) licenses Content. You agree, upon termination, to destroy all copies of the Licensed Materials. The Disclaimers of Warranty and Liability set out above shall survive any termination and continue in force.
14. Entire Agreement. These terms and conditions constitute the entire agreement between Licensor and its licensors, including the licensors, service providers, channel partners, suppliers, and affiliated companies of Licensor 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.
15. Governing Law; Language. THE ABOVE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF KANSAS, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS. 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 PROVIDED TO YOU HEREUNDER. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 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.
16. Government End Users. If End User is an agency, department, or other entity of the U.S. 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 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, KS 66062, USA.
Garmin® and Navionics® are trademarks of Garmin Ltd. or its subsidiaries, registered in the USA and other countries. These trademarks may not be used without the express permission of Licensor.
Updated on 17 February 2022