The Quickdraw Upload application (the "Application") and the content and data ("Data") included in the Application are owned by Garmin Ltd. or its subsidiaries (collectively, "Garmin") or licensors. The Application and Data are 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 Garmin and its licensors and affiliated companies of Garmin and its licensors, on the other hand.
IMPORTANT: CAREFULLY READ THIS ENTIRE LICENSE AGREEMENT BEFORE PURCHASING OR USING THIS APPLICATION. PURCHASING, INSTALLING, COPYING, OR OTHERWISE USING THIS APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE APPLICATION.
License Terms and Conditions. Garmin grants you a limited, non-exclusive license to use the Application and Data in accordance with the terms of this Agreement. You agree to use the Application and Data 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.
Restrictions. Except as expressly authorized in this License Agreement, you agree not to reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application or Data, and may not transfer or distribute them in any form, for any purpose, except to the extent permitted by mandatory laws. You are prohibited from renting or leasing the Application or Data to any other person or third party.
Map Submissions. You may use the Application to upload maps ("Map Submissions"). Map Submissions remain your property and copyright. However, by submitting any Map Submissions to Garmin, you give Garmin a transferable, perpetual, worldwide, royalty-free, irrevocable license and right to reproduce, create derivative works of, license, distribute, sell, publicly display and publicly perform the Map Submissions for any purpose and without restriction or obligation to you. You represent and warrant to Garmin that any Map Submissions by you do not and will not infringe the trademark, service mark, copyright, right to publicity, or other intellectual property rights of a third party. You also represent and warrant that any Map Submissions submitted by you is accurate, refers to a public and safe location, and is not restricted by any applicable law or regulation. You agree that you are solely responsible for verifying the accuracy and lawfulness of any Map Submissions contributed by you directly or indirectly to Garmin.
You are and will remain solely responsible for your Map Submissions and for the consequences of submitting and posting the same. We have no duty to monitor the ratings and user submitted comments or other use submissions. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your submissions. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant Garmin the right to edit, copy, publish and distribute any material you make available on the Application.
You acknowledge that your use or reliance upon any user submission posted in the Application is at your own risk. Therefore, we recommend that you be careful and exercise common sense and good judgment when using the Application or Map Submissions.
Rules of Conduct: you agree that you will not submit anything in the Application that:
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Garmin's Liability. Garmin makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Application or Map Submissions or about the results to be obtained from using the Application or any third party Map Submissions. Any use of or reliance on the Application or third party Map Submissions is at your own risk.
You should verify the accuracy, safety, lawfulness and/or relevance of any third party Map Submissions prior to relying on them for any purpose. Any use or reliance on third party Map Submissions is at your own risk.
THE APPLICATION AND THIRD PARTY MAP SUBMISSIONS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GARMIN, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Disclaimer of Certain Damages. Your use of the Application and third party Map Submissions is at your own risk. If you are dissatisfied with the Application or third party Map Submissions, your sole remedy is to discontinue use of the Application and third party Map Submissions. IN NO EVENT WILL GARMIN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE APPLICATION OR THIRD PARTY MAP SUBMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARMIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
Export Control. You agree not to export from anywhere any part of the Application or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold Garmin 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 Garmin 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 Application or third party Map Submissions.
Term. This Agreement is effective until such time as Garmin terminates this Agreement for any reason, including, but not limited to, if Garmin 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 Garmin and any third party from whom Garmin obtains services or distribution necessary to support the Application. 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 Garmin and its licensors, including the licensors, service providers, channel partners, suppliers and affiliated companies of Garmin 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. The above terms and conditions shall be governed by the laws of Kansas, without giving effect to (a) its conflict of laws provisions, or (b) 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 third party Map Submissions. 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.
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 Application and accompanying documentation is subject to restrictions as set forth in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 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 Garmin International, Inc., 1200 East 151st Street, Olathe, Kansas 66062, USA.
Copyright Policy. Garmin respects the intellectual property rights of others. It is Garmin's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.
To submit a copyright infringement notification to Garmin, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
DMCA Designated Agent
Attn: Legal Department
Garmin International, Inc.
1200 East 151st Street
Olathe, Kansas 66062
Garmin® is a trademark of Garmin Ltd. or its subsidiaries, registered in the USA and other countries. Quickdraw™ is a trademark of Garmin Ltd. or its subsidiaries. These trademarks may not be used without the express permission of Garmin.