This Connect IQ Developer Agreement (the "Agreement") between you and, if applicable, your company ("you" or "your") and Garmin International, Inc. and its affiliates ("Garmin") governs your use of the SDK and other Program Materials to develop Applications, your submission of Applications for publication on the CIQ Store, and, if applicable, the sale of your Application on the CIQ Store. Capitalized terms have the meanings set forth in the body of this Agreement or in Section IX of this Agreement.

By using the Program Materials, you signify your agreement to this Agreement. Garmin may modify this Agreement at any time by updating this posting. Your continued use of the Program Materials following the posting of a revised Agreement means that you accept and agree to the changes. You should visit this page periodically to review this Agreement. If Garmin makes a material change to the Agreement, we will notify you.

This Agreement supersedes and replaces the Garmin CONNECT IQ SDK License Agreement and CONNECT IQ Application Developer Agreement.

I. Development of Applications using the SDK

• a. License. Subject to the terms and conditions of this Agreement, Garmin hereby grants you a limited, non-exclusive, personal, revocable, non-assignable, non-sublicensable and non-transferable license to use the Program Materials for the sole purpose of developing and testing Applications. All licenses not expressly granted in this Agreement are reserved.
• b. Restrictions: You may not use the Program Materials for any purpose not expressly permitted by this Agreement. You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Program Materials, in whole or in part, or to enable others to do so. You may not and you agree not to, or to enable others to, modify, create derivative works of, copy (except as expressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Program Materials, or any part thereof. You may not: (a) alter or remove any copyright, trademark, or other proprietary notices appearing on or in the Program Materials; (b) engage in any activity with respect to the Program Materials that interferes with, disrupts, damages, or accesses in an unauthorized manner any Garmin devices, platforms, or systems, or those of any of its affiliates or any third party; or (c) make any statements that you or your Application are affiliated with, or sponsored, certified, or otherwise endorsed by Garmin or any of its affiliates, unless expressly permitted by Garmin in writing.
• c. Updates; No Support or Maintenance: Garmin may, but is not obligated to, extend, enhance, or otherwise modify the SDK at any time without notice. If updates are made available by Garmin, the terms of this Agreement will govern such updates, unless the update is accompanied by a separate license in which case the terms of that license will govern. Garmin may, but is not obligated to, provide any maintenance, technical or other support for the SDK. You agree that the form and nature of the Program Materials may change without prior notice to you and that future versions of the Program Materials may be incompatible with applications developed on previous versions of the Program Materials.
• d. Application Requirements: You are solely responsible for all aspects of development and use of your Application, including related documentation, user assistance, support and warranty. You will ensure that your Application complies with (i) the Developer Guidelines, available at https://developer.garmin.com/connect-iq/app-review-guidelines/, as updated by Garmin from time to time; and (ii) the requirements set forth in Exhibit A (Application Requirements). None of Garmin's review, testing, or approval of your Application, if applicable, limits or relieves you of any responsibilities related to your Application.

II. Distribution of Applications on the CIQ Store

• a. Registration and Application Submission Process. To submit an Application, you must comply with the following requirements:
  • 1. Registration. You must complete the registration process specified by Garmin ("Registration") to create an account ("Garmin Developer Account"). You must provide complete and accurate information as requested during Registration. You must maintain your Garmin Developer Account in good standing. You may not share your login credentials or your Garmin Developer Account with anyone other than Authorized Users and you must ensure that each Authorized User is aware of and complies with the terms and conditions of this Agreement. Garmin reserves the right to approve or decline your participation as a Garmin Developer in its sole discretion.
  • 2. Branded Username. If the username associated with your Application includes a company's name or brand, then you must either be authorized by that company to use the company's name or brand in your username or change your username to remove the company's name or brand.
  • 3. Minimum Age. You must be at least 18 years of age to create a developer account and submit an Application.
  • 4. Application Submission. By submitting your Application you represent and warrant that:
    • A. Your Application complies with the Application Requirements.
    • B. You will not attempt to conceal, misrepresent or obscure any features, content, services or functionality in your Application from Garmin's review or hinder Garmin from being able to fully review your Application.
  • 5. Submission Process; Takedown. Garmin may, but is not obligated to, review your Application before it is uploaded to the CIQ Store. At any time Garmin may (a) determine that your Application does not meet all or any part of the Application Requirements; (b) refuse to upload or remove your Application for any reason, even if your Application meets the Application Requirements, and (c) terminate, restrict, or otherwise modify your ability to access any Garmin services, products, or systems.
• b. Distribution of Applications. You hereby appoint Garmin as your agent to make your Application(s) available on the CIQ Store. By submitting your Application, you grant Garmin a non-exclusive, non-transferable, irrevocable, royalty-free license to use your Application for any purposes, including without limitation for testing or other related purposes to ensure that it complies with this Agreement, to permit users to download your Application through the CIQ Store, and to make available to users of any of Garmin's products or applications. Garmin shall not acquire any ownership interest in or to your Application, subject to Garmin's ownership of the Program Materials.
• c. Monetizing Your Apps.
  • 1. General Requirements. For purposes of this Agreement, “Monetizing” an Application means that you are collecting money or receiving items with monetary value in connection with your Application – whether such remuneration is required to download your Application, to use certain features in your Application, as a solicited tip or donation, or requested or suggested by you for any other reason. If you Monetize your App, you represent and warrant that:
    • A. You will accurately provide any information required by Garmin during the onboarding process or as requested from time to time to maintain your account in good standing, including but not limited to information necessary to authenticate your identity.
    • B. You will accurately disclose to end users the scope of any payment requirements and fulfill all such purchases.
    • C. If you use a payment processor not provided by Garmin, you will ensure the security of any such payment method.
  • 2. Use of Garmin Merchant Service. You are not required to use the Merchant Service to Monetize your Application, but if you choose to do so, then the requirements in this Section apply.
    • A. Supported Countries. You must be in a supported country to use the Merchant Service. Information on supported countries is available in the Documentation.
    • B. Marketplace Account. You must have a valid account ("Merchant Account") under a separate agreement with Garmin's authorized payment processor and marketplace platform provider and maintain that account in good standing.
    • C. Fees. In consideration of Garmin’s provision of the Merchant Service, Garmin will collect (i) a non-refundable annual fee; and (ii) a service fee that is a percentage of revenue collected by Garmin—in each case, in the amounts specified in the Documentation.
    • D. Customer Returns. You agree that your earned revenue from sales through the Merchant Service is subject to the return policy published in the Documentation. In Garmin’s discretion, Garmin may either hold funds during the applicable return period, set-off amounts from returned Applications from future payouts to you, or require you to provide a Garmin a refund in the amount remitted to you for a returned Application.
    • E. Payout Schedule. Garmin will remit earned payments to you in accordance with the schedule and minimum amount threshold specified in the Documentation.
    • F. Taxes.
      • (i) You agree to timely provide, as soon as reasonably practicable, any tax documentation or certification requested by Garmin in connection with your use of the Merchant Service.
      • (ii) Where Garmin or its payment processor reasonably determines that it is required by applicable (local) legislation or by the applicable governmental tax authority to declare, charge, deduct, or withhold any taxes (in each case, "Withholding Taxes"), Garmin may also deduct the amount of such Withholding Taxes from the amount Garmin remits to you.
      • (iii) In Garmin’s discretion, Garmin may add applicable sales taxes, VAT taxes, or similar transaction taxes to the final purchase of an Application to an end user.

III. Term and Termination

• a. This Agreement shall commence on the date you indicate your acceptance of the terms and conditions hereof and shall remain in full force and effect until terminated as provided hereunder (the "Term"). This Section III does not limit Garmin’s rights to immediately remove or suspend an Application from the CIQ Store in the event that it violates this Agreement. The removal of an Application from the CIQ Store does not constitute a termination of this Agreement.
• b. Termination.
  • 1. Termination by You. You may terminate this Agreement by delivering written notice to Garmin of termination at least 30 days prior to the termination date.
  • 2. Termination for Cause. If you fail to perform or comply in any material respect with any of its obligations under this Agreement and such failure is not remedied within 30 days after receipt of written notice of such failure, then Garmin may terminate this Agreement effective upon expiration of such 30-day cure period.
• c. Effect of Termination. Upon termination of the Agreement for any reason:
  • 1. You shall immediately stop using and delete the Program Materials.
  • 2. Upon termination, Garmin will remove your Application from the CIQ Store. End users who have previously downloaded a copy of the Application may continue to use that copy indefinitely. Garmin will pay any amounts due in your account in accordance with the ordinary schedule specified in the Documentation.
  • 3. Provisions that naturally survive termination of this Agreement shall so survive.

IV. Proprietary Rights

• a. Garmin's Ownership. Garmin retains all rights, title, and interest in and to the Program Materials, including any updates. You agree to cooperate with Garmin to maintain Garmin's ownership of the Program Materials, and you agree to promptly provide notice to Garmin of any claims relating to the Program Materials. There are no implied licenses under this Agreement, and any rights not expressly granted to you hereunder are reserved by Garmin.
• b. License to Your Marks. You grant Garmin a revocable, non-exclusive, non-transferable royalty-free license to use your Trademarks in connection with Garmin’s activities under this Agreement and to publicize, in Garmin’s sole discretion, your participation in the Garmin Developer Program and your Application.
• c. Feedback. If you provide any Feedback to Garmin: (a) you grant to Garmin a worldwide, non-exclusive, royalty-free, transferable, sublicensable, perpetual and irrevocable license to use and otherwise exploit such Feedback in connection with any Garmin products, applications and services; (b) Garmin shall be free to use, disclose, reproduce, distribute and otherwise commercialize all Feedback that you provide without obligation or restriction of any kind on account of Intellectual Property Rights or otherwise; (c) you waive all rights to be compensated or seek compensation for your Feedback; and (d) Feedback, even if marked confidential, shall not create any confidentiality obligations on Garmin, unless Garmin has otherwise expressly agreed in a signed agreement.
• d. Confidential Information. You shall hold Garmin's Confidential Information in confidence and shall not disclose such Confidential Information to third parties or use such Confidential Information for any purpose other than as necessary to perform under this Agreement. You agree to limit access to the Confidential Information to Authorized Users. All such Authorized Users must have a written confidentiality agreement with you that is no less restrictive than the terms contained herein. You will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as you protect your own confidential or proprietary information of a similar nature and with no less than reasonable care. The foregoing restrictions on disclosure shall not apply to Confidential Information that (a) becomes, through no act or fault of yours, publicly known; (b) is received by you from a third party without a restriction on disclosure or use; or (c) is independently developed by you without reference to Garmin's Confidential Information. In addition, you will not disclose to any third party the existence of any new feature of the Garmin Developer Program before Garmin makes a public announcement regarding their existence.

V. Representations and Warranties

• a. Mutual Warranties. Each party represents and warrants to the other that: (a) it has all necessary right, power and ability to execute, and to perform the obligations contemplated by, this Agreement; (b) no authorization or approval from any third party is required in connection with such party's execution, delivery or performance of this Agreement; and (c) such party's obligations under this Agreement do not violate any Law or breach any other agreement to which such party is bound.
• a. Your Warranties. You represent and warrant to Garmin that: (a) you are duly licensed to conduct your business under the Laws of all jurisdictions in which you conduct business; (b) any materials you provide, create or develop that are in any way related to this Agreement, or the use thereof, do not and will not infringe any Intellectual Property Rights of any third party; and (c) all information you provide to Garmin is true, correct and complete in all respects and you will update Garmin with any changes to information you have previously supplied. You represent and warrant that you have all Intellectual Property Rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to the Application (including without limitation any and all content therein or portions thereof). If you use third-party materials, you represent and warrant that you have the right to distribute the third-party material in the Application.
• c. DISCLAIMER OF WARRANTIES. THE PROGRAM MATERIALS AND ALL INFORMATION AND OTHER MATERIALS CONTAINED OR MADE AVAILABLE THEREIN IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, AND YOUR USE OF ANY OF THE FOREGOING IS AT YOUR OWN RISK. NONE OF THE GARMIN PARTIES (AS DEFINED BELOW) REPRESENT OR WARRANT THAT THE PROGRAM MATERIALS OR ANY INFORMATION OR OTHER MATERIALS CONTAINED OR MADE AVAILABLE THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. YOU EXPRESSLY ACKNOWLEDGE THAT COMPUTER NETWORK-BASED SERVICES MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. GARMIN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE. You may have rights that vary from jurisdiction to jurisdiction; however, the above disclaimers apply to the maximum extent permitted by applicable Law.

VI. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL: (A) GARMIN OR ANY OF ITS CURRENT OR FORMER AFFILIATES (OR ANY OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS OF ANY OF THEM) (COLLECTIVELY, THE "GARMIN PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (HOWEVER ARISING), UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EXCEPT FOR ANY ACCOUNT BALANCE OWED TO YOU FOR APPLICATION SALES THROUGH THE MERCHANT SERVICE, THE GARMIN PARTIES' TOTAL LIABILITY TO YOU, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, UNDER THIS AGREEMENT OR WITH REGARD TO THE PROGRAM MATERIALS OR ANY OTHER INFORMATION AND OTHER MATERIALS CONTAINED OR MADE AVAILABLE THEREIN, WILL IN NO CASE EXCEED $100.

VII. Indemnification

You agree to indemnify, release, hold harmless and, upon request, defend the Garmin Parties from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys' fees and other litigation expenses, whether prior to, at trial or any other proceeding and in any appeal or other post judgment proceeding) incurred by Garmin, arising out of or relating to: (a) any breach or alleged breach by you of any representation, warranty, or obligation contained in this Agreement; (b) any damage or loss caused by negligence, fraud, dishonesty or willful misconduct by you, any Authorized User, or any of your affiliates, employees, agents, contractors, suppliers or customers; (c) any contract or agreement between you and a third party; (d) use by any party of your Application, including any claims by any end user; (e) any claims related to the nature or characteristics of your Application, or any of your other products or services; (f) any infringement or alleged infringement of a patent, copyright, trademark or other intellectual property or proprietary right relating to this Agreement; (g) any alleged or actual violation by you of any applicable Laws; or (h) any claims or governmental regulatory actions related to your collection, use or sharing of user data collected through your Application in violation of this Agreement or the privacy or other rights of any user or other third party.

VIII. General Provisions

• a. Publicity.You may not issue any press release regarding your association with Garmin without the express prior written consent of Garmin. You shall not include any marketing of Garmin's name, logo or other trademarks in your Application or in any other materials without Garmin's prior written consent. Notwithstanding the foregoing, if your submitted Application is approved by Garmin, you may promote your Application’s compatibility with certain Garmin products so long as your statements concerning compatibility are accurate and you adhere to Garmin’s guidelines at https://developer.garmin.com/brand-guidelines/overview/.
• b. Independent Development. Nothing in this Agreement will impair the right of Garmin or its affiliates to develop, acquire, license, market, promote or distribute any products, software or technologies, including those that perform the same or similar functions as, or otherwise compete with, the Application or any other products, software or technologies that you may develop, produce, market, sell or distribute.
• c. Notices. Garmin may provide notices to you via the email address that you have provided with your account. You may send notices to Garmin via postal mail to Garmin International, Inc., 1200 E. 151st St., Olathe, KS 66062, ATTN: Legal Department. You agree to receive electronic communications from Garmin. You agree that any notice, agreement, disclosure or other communication that Garmin sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
• d. Governing Law; Venue. All legal issues arising from or related to your use of the Program Materials and this Agreement shall be construed in accordance with and governed by the laws of the State of Kansas applicable to contracts entered into and performed within the State of Kansas without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the United States District Court for the District of Kansas, or any Kansas State court sitting in Johnson County, to resolve any dispute, claim or cause of action arising out of this Agreement. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. Specifically excluded from application to this Agreement is the United Nations Convention on Contracts for the International Sale of Goods.
• e. Costs and Expenses. You are solely responsible for all costs and expenses related to participating in the Garmin Developer Program, including the development of any Application.
• f. Severability. If any provision in this Agreement is held invalid, the remainder of this Agreement shall continue to be enforceable. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision is deemed severable from this Agreement and the remaining provisions are still valid and enforceable.
• g. Assignment. You may not assign, whether by transfer, merger operation of law or otherwise, any of your rights or delegate the performance of any of your obligations under this Agreement without the prior written consent of Garmin. Any purported assignment in violation of hereof shall be null and void. Garmin has the right to assign this Agreement to an affiliate without prior approval from you.
• h. Force Majeure. Garmin will not be liable to you for any losses arising out of the delay or interruption of Garmin's performance of obligations under the Agreement due to any acts of God, or any other occurrences which are beyond Garmin's reasonable control.
• i. Entire Agreement. This Agreement together with all of Garmin's policies referenced herein sets forth the entire understanding and agreement of the parties, and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the parties, as to the subject matter of this Agreement. Garmin's failure to insist upon or enforce strict performance of this Agreement will not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will modify this Agreement.
• j. Export Restrictions. You may not use, export, re-export, import, sell or transfer any of the Program Materials except as authorized by United States Law and other applicable Laws in the jurisdiction in which you obtain such Program Materials. You will comply with all Laws that restrict your and/or Garmin's ability to operate in or transact business with certain countries or share certain technologies and data with certain individuals ("Export Restrictions"). Your compliance with the Export Restrictions shall be such that Garmin shall not violate any of the Export Restrictions as a result of your acts or omissions.

IX. Definitions

• a. "Application(s)" means any software programs that you develop by using components of the Program Materials.
• b. "Application Requirements" means this Agreement, the Connect IQ Store Review Guidelines, and any additional guidelines that Garmin may otherwise provide or make available to you.
• c. "Authorized Users" means your employees, agents and contractors who have a need to access and use your Garmin Developer Account as permitted under this Agreement.
• d. "CIQ Store" means the Garmin-operated website, mobile application, or on-device application where end users download Applications.
• e. "Companion SDK" means the SDK provided by Garmin to enable the development of Applications for third-party platforms. Unless otherwise specified, references in this Agreement to the SDK include the Companion SDK.
• f. "Confidential Information" means the SDK, the Program Materials, the underlying computer code to which you may obtain or receive access, the functional or technical design, logic or other internal routines or workings of the Garmin SDK, and any other materials of Garmin that Garmin designates as confidential or which you should reasonably believe to be confidential.
• g. "Documentation" means the Connect IQ Monetization System manual available to you in the developer dashboard, available at https://developer.garmin.com/connect-iq/monetization.
• h. "Feedback" means any suggestions, comments, feedback or other information or materials you provide to Garmin with respect to the Garmin Developer Program, the SDK, or any of Garmin's products or services.
• i. "Garmin Developer" means any developer having gone through the Registration process and been approved by Garmin to use the Program Materials.
• j. "Garmin Developer Account" means the account by which you and/or Authorized Users gain access to the Program Materials subject to the terms and conditions of this Agreement.
• k. "Garmin Developer Program" means the program Garmin has developed to enable Garmin Developers to use the Program Materials, as such program may be revised from time to time at Garmin's sole discretion.
• l. "Intellectual Property Rights" means ideas, inventions, discoveries, improvements, modifications, updates, enhancements, designs, business models, software, derivatives, know-how, processes, methodologies, technical information, data, test results, information, know-how, concepts, and works of authorship, whether patentable or not and whether reduced to practice or not, and all related intellectual property, including, but not limited to, patents and patent applications (including but not limited to all reissues, continuations, continuations-in-part, revisions, extensions, divisionals, designs and reexaminations thereof), copyrights, mask works, trademarks, trade secrets, and other forms of intellectual property protection related thereto, including all applications, certifications and registrations therefor.
• m. "Laws" means all local, state, regional, national, foreign, international or other laws, policies, guidelines, standards, regulations, ordinances, rules and judgments applicable to you, your business or your access to and use of the Garmin Developer Program, including without limitation Federal Trade Commission regulations, rules and judgments, and those of any other regulatory body or agency having jurisdiction over the subject matter hereof.
• n. "Merchant Service" means Garmin’s service to enable the sale of Applications to end users directly on the CIQ Store through Garmin’s authorized payment processor.
• o. "SDK" means Garmin's CONNECT IQ software development kit, in object code form, that is licensed to you under this Agreement, including documentation, firmware, software, sample code, tools, libraries, APIs, data, and files made available to you by Garmin.
• p. "Program Materials" means any materials made available to you by Garmin or a Garmin affiliate in connection with the Garmin Developer Program, at a Garmin developer website or otherwise, including the SDK and all tools, the Documentation, other SDK- and CIQ Store-related documentation and materials, in written or digital form, such as sample code, simulators, tools, and libraries, and including any upgrades, modified versions, updates, enhancements, bug fixes, supplements to, revisions, new releases, and/or additions thereto, if any, that may be provided or made available by Garmin.
• q. "Trademark(s)" means all means, collectively, all trademarks, service marks, logos, trade dress, trade names and service names, any registrations and applications to register, and all goodwill in, any of the foregoing, and all similar or related rights arising under any of the Laws of the United States or any other country or jurisdiction, whether now existing or hereafter adopted or acquired.

Exhibit A - Application Requirements

I. Privacy.

• a. Privacy Policy. If your Application will collect any data from users of the Application, then you must have a privacy policy for the Application that complies with all applicable Laws. You must update your privacy policy if you change the way you collect, use, store, or disclose user data. Additionally, you may not change the URL or location for your privacy policy without redirecting users to the new location of your privacy policy. Your privacy policy or other notices or terms must make it clear that any data submitted to the Application is submitted to you and not to Garmin and that Garmin has no responsibility or liability for any such data.
• b. Data Retention. You are not permitted to retain user data for longer than needed for the reasonable operation of your Application unless the user gives you express consent to retain the user's data for a longer period.
• c. Location Data. You represent and warrant that your Application does not default to collect location data about users and that users are notified and required to opt in to allow your Application to collect location data.
• d. Other Data Restrictions. Your Application may only access and/or collect information from Garmin about a user or the user's activities if the user gives you express prior consent, and your Application may only use that information when, and for the limited purposes for which, the user has given you express consent. In addition, you or your Application may not: (i) retain any data you receive from Garmin concerning a user or the user's activities without the user's express consent, (ii) retain any user data collected through the Application or from Garmin after a user has revoked consent or asked you to delete such data; or (iii) sell, rent, or transfer (directly or indirectly) any data concerning a user or the user's activities you receive from Garmin.

II. Security; Data.

You are solely responsible for the security of user data residing on server(s) or systems owned or operated by you, or by a third party designated by you (e.g., a web hosting company, processor, or other service provider). You must maintain, and must require any third party designated by you to maintain processes and controls to protect and secure user data. You acknowledge that Garmin will not be liable for any improperly processed or unauthorized transactions or illegal or fraudulent access to your Garmin Developer Account, your Application or to Program Materials. You must notify us immediately in the event of any unauthorized access (confirmed or suspected) to Program Materials, your Garmin Developer Account credentials, your authentication key, and/or your Application.

III. Other Regulations.

• a. You are required to comply with all applicable laws, regulations, and policies, including but not limited to all U.S. Food and Drug Administration (“FDA”) laws, regulations, and policies, related to the manufacturing, marketing, sale, and distribution of your Application in the United States, as well as in other jurisdictions where your Application is available, manufactured, marketed, sold, distributed or used. You agree, upon Garmin’s request, to promptly provide any such clearance documentation related to this section E(i) to support the marketing of your Application.
• b. You are solely responsible for complying with any laws, orders, rules, and regulations of the Federal Communications Commission, FDA, other U.S. regulatory bodies such as the U.S. Federal Trade Commission and the U.S. Department of Health and Human Services, any Federal, State or local governmental authority, and the laws, regulations, and policies of any jurisdiction applicable to its use of the Licensed Material and associated Devices (e.g. MHRA, CFDA). You will not seek any regulatory marketing permissions or make any determinations that may result in the Program Materials, Connect IQ SDK, or any other Garmin products or services being determined to be regulated products or that may impose any obligations or limitations on Garmin.

IV. Push Notifications.

Garmin may make available to you a push notification API to enable your Application to push notifications to the Garmin devices of the end users of your Application. If you are authorized by Garmin to use the push notification API, then you agree that you will not push messages to the Garmin devices of the end users of your Application without their consent. In addition, push notifications must not be required for your Application to function, must not require payment or other charge, and must not be used for advertising, promotions, or direct marketing purposes or to send sensitive personal or confidential information.