API License Agreement

GARMIN API TERMS OF USE

  1. THE APPLICATION
    1. Overview of the Garmin API Package and License Grant. The Garmin API Package consists of a package or suite of different applications programmer’s interfaces (hereinafter referred to for convenience as “the AP” whether You access one or multiple interfaces) that will allow websites to directly interface with Garmin GPS devices and/or Garmin web services.Subject to the terms and restrictions set forth in these Terms of Use, Garmin grants You a limited, non-exclusive, non-transferrable and non-sublicensable license for the sole purpose of embedding the API and underlying content into your website so that Your website can interface directly with Garmin devices and/or web services.In order to use and access the API, You must register for an API account (“Account”) with Garmin. After completing your registration, which includes the URL for the website where you intend to use the API, and agreeing to these Terms of Use, You will be issued an electronic Key that is uniquely assigned to You and associated with the URL of Your website. Your Application must import the Garmin API using an HTML “script” tag that contains this Key, as described in the Maps API documentation, and Garmin shall block any requests with an invalid Key or invalid URL.
    2. Updates and Modifications. Garmin may, at its sole discretion, release subsequent versions of the Garmin API and underlying data and require You to obtain and use the most current version. In addition, Garmin may modify these Terms of Use at any time with or without notice. You can always review the most updated version of the Terms of Use online at http://developer.garmin.com/web-device/api-license-agreement. If a subsequent version is unacceptable to You, You may cancel the API at any time by simply deleting the Garmin API from Your website. If You continue to use the API on Your website, You will be deemed to have accepted any modifications.
    3. 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.
    4. Restrictions on Use.
      1. 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.
      2. Specifically excluded from the license set forth in these Terms of Use are any uses or operation of the API in connection with (i) any Internet site other than the URL(s) provided in Your registration; and (ii) any products, systems, applications or hardware other than devices manufactured by Garmin or any of its subsidiaries.
      3. You agree to be fully responsible for your own conduct and content while using the API, and for any consequences thereof. You agree to use the API only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the API, You will not:
        • 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.

    5. 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.
  2. DISCLAIMER OF WARRANTIES
    1. 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.
    2. 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.
    3. 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.
  3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  4. LIMITATION OF LIABILITY
  5. 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.

  6. INDEMNIFICATION
  7. You agree to indemnify and hold harmless Garmin, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the API, violation of these Terms of Use or any other actions connected with use of any Garmin Applications, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Garmin will provide You with written notice of such claim, suit or action.

  8. INTELLECTUAL PROPERTY RIGHTS.
    1. “Intellectual Property Rights” shall mean any and all rights existing under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and Garmin, You acknowledge that Garmin owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the API, including but not limited to the Garmin API and any mapping data accessed by virtue of the Garmin API, and that You shall not acquire any right, title, or interest in or to the API, except the limited license expressly set forth in the Terms of Use.
    2. Trademark License. For purposes of the Terms of Use, “Trademarks” shall be defined as the trademarks, trade names, logos, domain names, along with any other distinctive brand features of each party. Garmin hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Garmin’s Trademarks solely for the purpose of promoting or advertising that You use the API in accordance with these Terms of Use. You hereby grant to Garmin a nontransferable, nonexclusive license during the Term to use Your Trademarks to advertise that You are using the API and to the extent as may be necessary for Garmin to provide you with the API.You understand and agree that Garmin has the sole discretion to determine whether your use of Garmin Trademarks is in accordance with Garmin’s standards for Trademark usage. Except as set forth in this Section 6, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party’s Trademarks.
    3. 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.
  9. TERM AND TERMINATION
    1. Term. The term of the Terms of Use shall commence on the date upon which You agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein.
    2. Termination. Garmin may change, suspend or discontinue all or any aspect of the API, including its availability, at any time, and may suspend or terminate Your use of the API at any time. In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Garmin or otherwise disparages or devalues the Garmin Trademarks or Garmin’s reputation or goodwill. If You desire to terminate the Terms of Use, You must remove the API from Your website.
    3. Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate; (ii) You shall immediately delete any and all maps images and Garmin Trademarks; and (iii) You shall immediately cease all use of the API.
    4. Survival. In the event of any termination or expiration of the Terms of Use for any reason, Sections two through six (2-6) shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.
    5. 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.
  10. MISCELLANEOUS TERMS
    1. Entire Agreement. The Terms of Use constitute the entire agreement between You and Garmin and govern your use of the API, superceding any prior agreements between You and Garmin. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Garmin products or applications, affiliate applications, third-party content or third-party software.
    2. Jurisdiction, Venue and Choice of Law. The Terms of Use and the relationship between You and Garmin shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. You and Garmin agree to submit to the personal and exclusive jurisdiction of the United States District Court for the District of Kansas and the Kansas state courts located in Johnson County, Kansas.
    3. Severability and Waiver. The failure of Garmin to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
    4. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Garmin API or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.