not be copied, in whole or in part, without the written consent of
Garmin. Garmin reserves the right to change or improve its
products and to make changes in the content of this manual
without obligation to notify any person or organization of such
changes or improvements. Go to www.garmin.com for current
updates and supplemental information concerning the use of this
product.
Software License Agreement
BY USING THE DNX9180SM / DNX5180SM, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS OF THE
FOLLOWING SOFTWARE LICENSE AGREEMENT. PLEASE
READ THIS AGREEMENT CAREFULLY.
Garmin Ltd. and its subsidiaries (“Garmin”) grant you a limited
license to use the software embedded in this device (the
“Software”) in binary executable form in the normal operation of
the product. Title, ownership rights, and intellectual property
rights in and to the Software remain in Garmin and/or its thirdparty providers.
You acknowledge that the Software is the property of Garmin
and/or its third-party providers and is protected under the United
States of America copyright laws and international copyright
treaties. You further acknowledge that the structure, organization,
and code of the Software, for which source code is not provided,
are valuable trade secrets of Garmin and/or its third-party
providers and that the Software in source code form remains a
valuable trade secret of Garmin and/or its third-party providers.
You agree not to decompile, disassemble, modify, reverse
assemble, reverse engineer, or reduce to human readable form
the Software or any part thereof or create any derivative works
based on the Software. You agree not to export or re-export the
Software to any country in violation of the export control laws of
the United States of America or the export control laws of any
other applicable country.
End User License Agreement
The infotainment system you have purchased for your vehicle
may contain a navigation solution ("Navigation Solution"). The
software embedded in the Navigation Solution (the "Software") is
owned by the navigation solution provider or its subsidiaries
(collectively, "Navigation Provider"). The map data that may be
embedded in your Navigation Solution or downloaded separately
(the "Map Data") is either owned by the Navigation Provider, or
by HERE North America LLC and/or its affiliates ("HERE") or
another third party and licensed to the Navigation Provider. The
Navigation Provider also owns, or licenses from third party
providers, information, traffic data, text, images, graphics,
photographs, audio, video, images and other applications and
data that may be embedded in the Navigation Solution, or
downloaded separately ("Other Content"). The Map Data and
Other Content are collectively the "Content". The Software and
Content (collectively, the "Navigation Provider Products") are
protected under copyright laws and international copyright
treaties. The Navigation Provider Products are licensed, not sold.
The structure, organization and code of the Software are
valuable trade secrets of the Navigation Provider and/or its thirdparty providers. The Navigation Provider Products are each
provided under this License Agreement and are subject to the
following terms and conditions which are agreed to by End User
("you" or "your"), on the one hand, and the Navigation Provider
and its licensors and affiliated companies of the Navigation
Provider and its licensors, on the other hand. The Navigation
Provider's licensors, including the licensors, service providers,
channel partners, suppliers and affiliated companies of the
Navigation Provider and its licensors, 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.
IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE
AGREEMENT BEFORE PURCHASING OR USING YOUR
NAVIGATION SOLUTION OR CONTENT. PURCHASING,
INSTALLING, COPYING, OR OTHERWISE USING YOUR
NAVIGATION SOLUTION OR CONTENT CONSTITUTES YOUR
ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE
AGREEMENT AND AGREE TO ITS TERMS AND
CONDITIONS.
License Terms and Conditions
The Navigation Provider grants you a limited, non-exclusive
license to use the applicable Navigation Provider Product in
accordance with the terms of this Agreement. You agree to use
the applicable Navigation Provider Product for solely personal
use, or if applicable, for use in your business' internal operations,
and not for service bureau, time-sharing, resale or other similar
purposes. You agree not to otherwise reproduce, archive, copy,
modify, decompile, disassemble, reverse engineer or create
derivative works of any portion of the Navigation Solution, and
may not transfer or distribute it in any form, for any purpose,
except to the extent permitted by mandatory laws. The
Navigation Provider also reserves the right to discontinue offering
any Content supplied by any third party supplier if such supplier
ceases to supply such content or the Navigation Provider's
contract with such supplier terminates for any reason.
Restrictions. Except where you have been specifically licensed
to do so by Navigation Provider, and without limiting the
preceding paragraphs, you may not use the Navigation Provider
Products with any products, systems, or applications installed or
otherwise connected to or in communication with vehicles, and
which are capable of dispatch, fleet management or similar
applications where the Content is used by a central control center
in dispatching a fleet of vehicles. In addition, you are prohibited
from renting or leasing the Navigation Provider Products to any
other person or third party.
You agree to be fully responsible for your own conduct and
content while using the Software and for any consequences
thereof. You agree to use the Software only for purposes that are
legal, proper and in accordance with this Agreement and any
applicable policies or guidelines. By way of example, and not as
a limitation, you agree that when using the Software, You will not:
• upload, post, email or transmit or otherwise make available
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 Software or other content for any illegal or
unauthorized purpose; 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,
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.
No Warranty. The Navigation Provider Products are provided to
you "as is," and you agree to use them at your own risk. The
Navigation Provider and its licensors including the licensors,
service providers, channel partners and suppliers, and affiliated
companies of Navigation Provider and its licensors, make no
guarantees, representations or warranties of any kind, express or
implied, arising by law or otherwise, including but not limited to,
content, quality, accuracy, completeness, effectiveness,
reliability, merchantability, fitness for a particular purpose,
usefulness, use or results to be obtained from the Navigation
Provider Products, or that the Content or server will be
uninterrupted or error-free. The Navigation Provider Products are
intended to be used only as supplementary travel aids and must
not be used for any purpose requiring precise measurement of
direction, distance, location or topography. THE NAVIGATION
PROVIDER MAKES NO WARRANTY AS TO THE ACCURACY
OR COMPLETENESS OF THE MAP DATA OR OTHER
CONTENT.
Disclaimer of Warranty. THE NAVIGATION PROVIDER AND
ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE
PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND
AFFILIATED COMPANIES OF THE NAVIGATION PROVIDER
AND ITS LICENSORS, DISCLAIM ANY WARRANTIES,
EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT OF THE NAVIGATION
PROVIDER PRODUCTS. NO ORAL OR WRITTEN ADVICE OR
INFORMATION PROVIDED BY THE NAVIGATION PROVIDER
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.
Disclaimer of Liability. THE NAVIGATION PROVIDER AND
ITS LICENSORS, INCLUDING THE LICENSORS, SERVICE
PROVIDERS, CHANNEL PARTNERS, SUPPLIERS AND
AFFILIATED COMPANIES OF THE NAVIGATION PROVIDER
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 NAVIGATION
PROVIDER PRODUCTS; 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 NAVIGATION PROVIDER
PRODUCTS, ANY DEFECT IN THE CONTENT OR
INFORMATION, 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 NAVIGATION PROVIDER PRODUCTS OR FROM
DEFECTS OR ERRORS IN THE APPLICATION, EVEN IF
GARMIN OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NAVIGATION
PROVIDER'S AND ITS LICENSORS' TOTAL AGGREGATE
LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER
THIS LICENSE AGREEMENT OR OTHERWISE WITH
RESPECT TO THE APPLICATION OR THE CONTENT SHALL
NOT EXCEED $1.00. Some States, Territories and Countries do
not allow certain liability exclusions or damages limitations, so to
that extent the above may not apply to you.
ANY CONTENT OR MATERIAL DOWNLOADED OR
UPLOADED OR OTHERWISE OBTAINED THROUGH THE
SOFTWARE IS DONE AT YOUR OWN DISCRETION AND
RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR ELECTRONIC COMMUNICATION DEVICE
OR ANY LOSS OF DATA THAT MAY RESULT FROM THE
DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR
MATERIAL OR THE USE OF THE SOFTWARE.
Predictive Routing. Your Navigation Solution may have a
"predictive routing" feature called myTrends that identifies your
driving routines. If it does have this feature, when your device
predicts a route, it will display your estimated time to destination
and relevant traffic information regarding the predicted route.
Information related to your driving routines would be accessible
to any other person who uses your device. If you do not want
your device to predict your routes or display information related
to predicted routes, you may turn off myTrends by accessing
your navigation system's Settings menu.
Disclaimer of Endorsement; Change of Content Providers.
Reference to any products, services, processes, hypertext links
to third parties or other Content by trade name, trademark,
manufacturer, supplier or otherwise does not necessarily
constitute or imply its endorsement, sponsorship or
recommendation by the Navigation Provider or its licensors.
Product and service information are the sole responsibility of
each individual vendor. The HERE name and logo, the HERE
and HERE ON BOARD trademarks and logos, and other
trademarks and trade names owned by HERE North America
LLC may not be used in any commercial manner without the prior
written consent of HERE. Content providers may be changed by
the Navigation Provider 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.
Export Control. You agree not to export from anywhere any part
of the Content or any direct product thereof except in compliance
with and with all licenses and approvals required under,
applicable export laws, rules and regulations. You understand
and acknowledge that this product, application or software may
not be transferred directly or indirectly to Crimea, Crimean
individuals, or Crimean entities.
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.
Indemnity. You agree to indemnify, defend and hold the
Navigation provider 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 the Navigation Provider 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 Navigation Provider Products.
Map Data. Use of the Map Data is subject to certain restrictions
and/or requirements imposed by third party suppliers and/or
governmental or regulatory authorities, and in the case of HERE
Data, as further set forth at http://corporate.navteq.com/supplier
_terms.html.
Term. This Agreement is effective until such time as (i) if
applicable, your subscription term is either terminated (by you or
by the Navigation Provider) or expires, or (ii) Navigation Provider
terminates this Agreement for any reason, including, but not
limited to, if the Navigation Provider 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 the Navigation Provider and any third party
from whom the Navigation Provider (a) obtains services or
distribution necessary to support the Navigation Provider
Products, or (b) licenses Content. You agree, upon termination,
to destroy all copies of the Content. The Disclaimers of Warranty
and Liability set out above shall continue in force even after any
termination.
Entire Agreement. These terms and conditions constitute the
entire agreement between the Navigation Provider and its
licensors, including the licensors, service providers, channel
partners, suppliers and affiliated companies of the Navigation
Provider 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.
Governing Law.
(a) For European Union HERE Data
The above terms and conditions shall be governed by the laws of
the Netherlands, without giving effect to (i) its conflict of laws
provisions, or (ii) the United Nations Convention for Contracts for
the International Sale of Goods, which is explicitly excluded. You
agree to submit to the jurisdiction of the Netherlands for any and
all disputes, claims and actions arising from or in connection with
the HERE Data provided to you hereunder.
(b) For North American HERE Data and other non-European
Union HERE Data
The above terms and conditions shall be governed by the laws of
Illinois, without giving effect to (i) its conflict of laws provisions, or
(ii) the United Nations Convention for Contracts for the
International Sale of Goods, which is explicitly excluded. You
agree to submit to the jurisdiction of Illinois for any and all
disputes, claims and actions arising from or in connection with
the HERE Data provided to you hereunder.
(c) For disputes, claims and actions not related to the HERE Data
The above terms and conditions shall be governed by the laws of
Kansas, without giving effect to (i) its conflict of laws provisions,
or (ii) the United Nations Convention for Contracts for the
International Sale of Goods, which is explicitly excluded. 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 or Content. 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.
Map Data Government End Users.
If End User is an agency, department, or other entity of the
United States Government, or funded in whole or in part by the
U.S. Government, then use, duplication, reproduction, release,
modification, disclosure or transfer of the Map Data is subject to
restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN
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 License Agreement, the
construction that provides greater limitations on the
Government's rights shall control. The contractor/manufacturer is
HERE North America LLC, 425 West Randolph Street, Chicago,
Illinois 60606 USA.
HERE is a trademark in the U.S. and other countries. All other
company names and trademarks mentioned or referenced in this
documentation are the properties of their respective owners. All
rights reserved.
Trademark Notices
Garmin® and the Garmin logo are trademarks of Garmin Ltd. or its
subsidiaries, registered in the USA and other countries.
ecoRoute™, myTrends™, and trafficTrends™ are trademarks of
Garmin Ltd. or its subsidiaries. These trademarks may not be
used without the express permission of Garmin.
The Bluetooth® word mark and logos are owned by the Bluetooth
SIG, Inc., and any use of such name by Garmin is under license.
All other company names and trademarks mentioned or
referenced in this documentation are the properties of their
respective owners. All rights reserved.