End user licence agreement
The Garmin Connect™ Mobile Application (the “Application”) is licenced to you, not
sold. The Application is provided under the following licence and is subject to
the following terms and conditions.
IMPORTANT: READ THIS LICENCE CAREFULLY BEFORE USING THE APPLICATION. USING THE APPLICATION
INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENCE AND AGREE TO ITS
TERMS. IF YOU DO NOT AGREE, THEN YOU MUST NOT USE THE APPLICATION.
IMPORTANT: ALWAYS CONSULT YOUR PHYSICIAN BEFORE YOU BEGIN OR MODIFY ANY EXERCISE PROGRAMME.
Licence terms and conditions
Garmin grants you a limited, non-exclusive licence to use the Application in
accordance with the terms of this Agreement. You agree not to reproduce, copy,
modify, decompile, disassemble, reverse engineer or create derivative works of
any portion of the Application, and you may not transfer or distribute it in
any form, for any purpose. Garmin reserves the right to modify the Application,
or to discontinue offering the Application altogether at any time and for any
reason, including without limitation, if any third-party supplier ceases to
supply content or services, or if Garmin’s contract with such supplier
terminates. In the event Garmin shall
discontinue offering the Application, this Agreement and your rights under it
shall terminate immediately. The
Disclaimers of Warranty and Liability contained in this Agreement shall survive
such termination.
Restrictions. You are prohibited
from selling, renting or leasing the Application to any other person or third
party. You acknowledge that the Application should be used only for general information purposes and you should
not rely on the Application for any life or death situation.
No warranty. This Application is
provided to you “as it is” and you agree to use it at your own risk. Garmin
makes 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 Application or that the Application will be uninterrupted or
error-free.
Disclaimer of warranty. GARMIN AND ITS AFFILIATES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY GARMIN
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 regions and countries do not allow certain warranty exclusions,
so to that extent the above exclusion may not apply to you.
Disclaimer of liability. GARMIN
AND ITS AFFILIATES 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 APPLICATION; 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 APPLICATION, ANY DEFECT IN THE APPLICATION, OR THE BREACH
OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED
ON A WARRANTY, EVEN IF GARMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. GARMIN’S AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO
ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE
APPLICATION SHALL NOT EXCEED $1.00 USD. Some regions and countries do not allow
certain liability exclusions or damages limitations, so to that extent the
above may not apply to you.
Export control. You agree not to
export from anywhere any part of the Application provided to you or any direct
product thereof except in compliance with, and with all licences and approvals
required under, applicable export laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold Garmin and its affiliates 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 solicitors' fees, arising out of or in connection with any use
or possession by you of the Application.