- THE APPLICATION
- Requirements for API Use. As a condition to using and embedding the API into your site, you must (i) include a highly visible explanation through text and an authorized Garmin logo that the application allowing communication between Your website and the end-user’s Garmin device and/or Garmin web service.
- Restrictions on Use.
- You have no rights with respect to the API or any portion thereof and shall not use the API or any portion thereof except as expressly set forth herein. Without limiting the generality of the foregoing, You agree not to (i) modify or create derivative works of the API; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the API, any portion thereof or any documentation to any third party; (iii) use the API on or in connection with any website other than the specific URL(s) provided to Garmin at the time You registered for the API; or (iv) cause, assist or permit any third party (including an end-user) to do any of the foregoing.
- upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content;
- use the API for any illegal or unauthorized purpose;
- remove or alter any copyright, trademark or other proprietary rights notices contained in the API or any other Garmin content, including but not limited to maps and/or driving directions;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by Garmin; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
In the event that You are located outside of the United States, or the website You are operating is running on a server located outside of the United States, You agree to comply with any laws, rules or regulations in your locale or in the location of your web server regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
- Termination of Use. Garmin hereby reserves all rights to discontinue Your access to the API and the underlying content at any time, at Garmin’s sole discretion, for any reason, with or without notice.
- DISCLAIMER OF WARRANTIES
- YOUR USE OF THE API IS AT YOUR SOLE RISK. THE API IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GARMIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- GARMIN MAKES NO WARRANTY THAT (i) THE API WILL MEET YOUR REQUIREMENTS, (ii) THE API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR THAT (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE API IS DONE AT YOUR OWN DISCRETION AND RISK AND. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THE USE OF THE API.
- LIMITATION OF LIABILITY
- INTELLECTUAL PROPERTY RIGHTS.
- Attribution of Garmin’s Third Party Data Providers. The mapping and routing images accessible by You by virture of the API may contain the trade names, trademarks, logos, domain names, and other distinctive brand features of Garmin and its third party data providers. You may not delete or in any manner alter these trade names, trademarks, logos, domain names, and other distinctive brand features.
- TERM AND TERMINATION
- Equitable Remedies. You acknowledge that Your breach of API/license restrictions contained herein may cause irreparable harm to Garmin. Accordingly, You agree that, in addition to any other remedies to which Garmin may be legally entitled, Garmin shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.
- MISCELLANEOUS TERMS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GARMIN SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GARMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE API; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE API. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 3 and 4 may not apply to you.