End User License Agreement
9. Termination
The End User may, at any time, terminate this
Agreement by no longer using SUNA Products and/or
Services on the Approved Device or Web Browser (as
the case may be).
Intelematics may terminate this Agreement with
immediate effect:
(a) on written notice to the End User’s Manufacturer;
or
(b) by posting a notice, which is made available to the
public, on the Intelematics website,
if:
(a) any government or other regulatory approvals
for the use of SUNA Products and/or Services is
withdrawn, suspended or amended at any time; or
(b) a Data Supplier no longer supplies Intelematics
with Licensed Data.
Upon termination of this Agreement the accrued rights
and liabilities of the parties will not be affected and
any payments made by End Users prior to termination
are non-refundable unless agreed in writing by
Intelematics prior to termination.
10. General
The End User may not assign, transfer or otherwise
deal with their rights under this Agreement without the
prior written consent of Intelematics.
This Agreement will be governed by and construed
in accordance with the laws in force in the State of
Victoria and each party submits to the non-exclusive
jurisdiction of the courts of that State.
11. Garmin Terms and Conditions
The End User shall indemnify, defend, and hold
harmless Garmin Ltd. (and its subsidiaries) against any
and all claims, damages, costs, or other expenses that
arise directly or indirectly out of (a) the End User or
Authorized User unauthorized use of SUNA Products
and/or Services , (b) the End User or Authorized User
violation of this End User Subscriber Agreement and/
or (c) any unauthorized or unlawful activities by the
End User or Authorized User in connection herewith.
The SUNA Products and/or Services are informational
only. The End User and Authorized User assume all
risk of use. Garmin makes no representations about
content, trafc and road conditions, route usability,
or speed.
Garmin makes no warranty of tness or compatibility
of SUNA Products and/or Services with the Garmin
product and no warranty that SUNA Products
and/or Services will operate properly as integrated
and interfaced with the Garmin product. Garmin
disclaims all liability for any loss, injury, or damage
resulting from use of or inability to use the Garmin
product as a result of weather difculties, the
destruction of transmitters and/or other broadcasting
infrastructures, a natural disaster, and/or a lack of
reliability, completeness or accuracy of the trafc
data. In no event shall Garmin be liable to the
End User, Authorized User 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 prots, business
interruption, or loss of business information) arising
out of the use of or inability to use the Garmin product,
even if Garmin has been advised of the possibility of
such damages.
If the End User purchases or the Garmin product
is pre-loaded with “lifetime” or “one-time” trafc,
the End User will receive trafc data for one (1)
compatible Garmin product until the product’s useful
life expires or Garmin no longer receives trafc data
from its trafc service provider. The End User’s trafc
subscription may not be transferred to another person
or another Garmin product. Garmin may terminate this
Agreement for any reason, including, but not limited
to, if Garmin nds that the End User or Authorized
User have violated any of the terms of this Agreement
or the contract between Garmin and its trafc service
provider terminates.
May 2010 Part Number 190-00883-13 Rev. C Printed in Taiwan
190-00883-13_0C.indd 4 5/7/2010 4:03:57 PM