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Kenwood DNX5240BT User Manual

Page 7

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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,
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 and NAVTEQ

®

North America LLC, 222 Merchandise Mart Plaza, Suite
900, Chicago, Illinois 60654.

Traffic Service End User Subscriber
Agreement

The Traffic Service Provider holds the rights to
the traffic 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 traffic incident data. You agree
to indemnify, defend, and hold harmless the Traffic
Service Provider (and its affiliates) and Garmin Ltd.
(and its subsidiaries) against any and all claims,
damages, costs, or other expenses that arise directly
or indirectly out of (a) your unauthorized use of the
traffic incident data or the RDS/TMC network, (b) your
violation of this End User Subscriber Agreement and/
or (c) any unauthorized or unlawful activities by you
in connection herewith.
The Traffic Service Data is informational only. You
assume all risk of use. The Traffic Service Provider,
Garmin Ltd. (and its subsidiaries), and their suppliers
make no representations about content, traffic and
road conditions, route usability, or speed.
Garmin and its Traffic Service Provider(s) make no
warranty of fitness or compatibility of the traffic data
with the Garmin product and no warranty that the
traffic data will operate properly as integrated and
interfaced with the Garmin product. In addition,
Garmin and its Traffic Service Provider(s) make no
warranty with regard to the reliability, accuracy,
exhaustiveness and completeness of the traffic data,
which may contain inaccuracies and/or errors from
time to time. To the maximum extent permitted by
applicable law, any and all warranties of any kind
whatsoever with regard to the traffic data are hereby
expressly waived and excluded, including, but not
limited to, those of merchantability, fitness for a
particular purpose, accuracy or completeness of the

traffic data, and/or a lack of viruses.
Garmin and its Traffic Service Provider(s) disclaim
all liability for any loss, injury, or damage resulting
from use of or inability to use the Garmin product
and traffic data as a result of weather difficulties, the
destruction of transmitters and/or other broadcasting
infrastructures, a natural disaster, and/or a lack of
reliability, completeness or accuracy of the traffic
data. In no event shall Garmin or its Traffic Service
Provider(s) be liable to you or any other party for
any compensatory, indirect, incidental, special, or
consequential damages (including, without limitation,
indirect, direct, special, punitive, or exemplary
damages for loss of business, loss of profits, business
interruption, or loss of business information) arising
out of the use of or inability to use the Garmin
product or the traffic data, even if Garmin has been
advised of the possibility of such damages.

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