By accessing or using the API and any related materials, you are agreeing to be bound by these Terms. If you do not agree to be bound by these Terms, then you must not access or use the API or any related materials.
- 1. PURPOSE
These Terms set forth the rules regarding your use of the API and content shared to or through Garmin's inReach portal and/or other Garmin inReach web services (through the API or otherwise).
"API" means Garmin's inReach Account API, inReach Portal Connect (IPC) API (both Outbound and Inbound) or any other API made available by Garmin in connection with Garmin's inReach portal or other Garmin inReach web services, including any updates and any accompanying Deliverables
"Application" means the website, software application, service or product developed, implemented or distributed by you that interfaces with Garmin's inReach portal and/or other Garmin inReach web services.
"Application Requirements" means these Terms, the Deliverables and any additional guidelines that Garmin may post on a Garmin developer website or otherwise provide to you.
"Deliverables" means any supporting documentation, data, text, software and any other materials associated with the API as may be provided by Garmin.
3. LICENSE GRANTS AND OWNERSHIP
- 3.1. Subject to the terms and conditions set forth in these Terms, Garmin grants you a limited, non-exclusive, non- transferrable, non-sublicensable and revocable license to use the API and underlying content so that your Application can interface directly with Garmin's inReach portal and/or other Garmin inReach web services to the extent allowed by law and in compliance with each end user’s consent.
- 3.2. You acknowledge and agree that the API is owned exclusively by Garmin or its affiliates, and is licensed, not sold, to you on a non-exclusive, non-transferrable, non-sublicensable and revocable basis on the terms and conditions set forth in these Terms. You do not acquire any ownership interest in the API or any other rights thereto other than to use the API in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. Garmin and/or its licensors reserve and shall retain their entire right, title and interest in and to the API, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you under these Terms. These Terms define legal use of the API, any updates, revisions, substitutions of the API. All rights not expressly granted to you under these Terms are reserved by Garmin.
- 3.3. You may voluntarily provide Garmin with feedback or comments related to the API ("Feedback"). You agree that Garmin shall be free to copy, modify, create derivative works of, publicly display, disclose, distribute, license, sublicense, incorporate, and otherwise use Feedback, including all derivative works thereto, for any and all purposes, commercial or otherwise, with no obligation of any kind to you.
4. YOUR DUTIES AND RESTRICTIONS
- 4.1. You must:
- a. follow all Application Requirements, including, without limitation, all user experience guidelines and instructions, and such other documentation as provided and/or updated by Garmin from time to time;
- b. ensure that the fundamental meaning of the API content is not changed or distorted;
- c. ensure that the use or display of API content does not suggest that Garmin promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party;
- d. only use the API for the purposes and in the manner expressly permitted by these Terms and in accordance with all applicable laws and regulations;
- e. maintain a security program that includes policies and procedures to safeguard data and systems that are no less rigorous than accepted industry practices including but not limited to employing security controls to proactively and regularly defend, identify weaknesses, and identify attacks against systems or data that interface with Garmin;
- f. notify Garmin (by emailing firstname.lastname@example.org and by calling +1.913.440.3500) within 24 hours of identifying security weaknesses that if exploited threaten the confidentiality, integrity or availability of Garmin systems or data;
- g. notify Garmin (by emailing email@example.com and by calling +1.913.440.3500) within 24 hours of any confirmed systems breach, data breach or major security incident against systems or data that interface with Garmin; and
4.2. You shall not:
- a. display the name, logo, trademark or other identifier of another person (other than Garmin, in accordance with these Terms) on your Application in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the API content on your Application;
- b. use the API in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy or rights of personality, or in any manner inconsistent with these Terms;
- c. use the API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the API documentation as determined by Garmin in its sole discretion;
- d. mislead or confuse end users as to the features, functionality, origin, capabilities or other aspects of your Application or the API;
- e. use the API in any manner that does or could potentially undermine the security of your services, data, and users such as to interfere with or disable any features or functionality of the API, including, without limitation, any mechanisms used to restrict or control the Garmin inReach web services or any other Garmin web services;
- f. translate, reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the API;
- g. use the API to design a client or application that uses any robot, spider, site search or other retrieval application or device to scrape, retrieve or index services provided by Garmin or its licensors, or to collect information about end users for any unauthorized purpose;
- h. deliver, transfer or otherwise allow any malicious software, data or hardware that threatens or otherwise harms the confidentiality, integrity or availability of Garmin systems or data.
- i. copy the API, except as expressly permitted by these Terms;
- j. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, to the API;
- k. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the API or any other material provided by Garmin, including any copy thereof;
- l. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the API or any features or functionality of the API to any third party for any reason, including by making the API available on a network where it is capable of being accessed by more than one device at any time;
- m. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the API;
- n. sell end user data received by virtue of the API or a Garmin product without the end user’s express consent;
- o. unless legally permitted to do so, use the API to make any modifications to any end user data, other than to modify the formatting of such data in order to display it in a manner appropriate for your Applications; or
- p. violate, misappropriate or infringe any copyright, patent, trademark, trade secret, rights of privacy and publicity, or other proprietary, contract or legal right of any third party or of Garmin.
5. NO UPDATES
Garmin has no obligation to provide you or its users with support, software upgrades, enhancements or modifications to the API. You understand and agree that you are solely responsible for providing user support and any other technical assistance for your Application.
- 6.1. The API, Deliverables and any related information provided to you by Garmin are proprietary and confidential information of Garmin and shall constitute "Garmin Confidential Information" under these Terms. "Garmin Confidential Information" also includes any other non-public information (non-public third party information) that you learn in connection with your use of any part of the API about Garmin’s products, designs, research, development or know-how, or Garmin’s business, finances or personnel.
- 6.3. You will not issue any press releases or make any other public statements regarding Garmin without Garmin’s express prior written approval. 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.
- 7.1. Garmin may terminate these Terms at any time for any reason without lability to you. Termination will not limit any of Garmin’s rights or remedies at law or in equity.
- 7.2. You may terminate these Terms by ceasing to use the API and notifying Garmin of termination.
- 7.3. Upon termination (i) all rights granted to you under these Terms will also terminate; and (ii) you must cease all use of the API. Your rights and obligations under Sections 4, 5, 6, 7, 8, 9 and 10 shall survive termination of these Terms.
8. GARMIN'S LIABILITY
- 8.1. Your use of the API is at your own discretion and risk, and you will solely be responsible for any damage that results from the use of the API including, but not limited to, any damage to your computer system or loss of data.
- 8.2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE API IS USED AT YOUR SOLE RISK. THE API IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GARMIN AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE API, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GARMIN AND ITS LICENSORS DO NOT WARRANT THAT THE API WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE API WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE API WILL BE COMPATIBLE WITH FUTURE GARMIN PRODUCTS OR SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GARMIN OR A GARMIN AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
- 8.3. GARMIN AND ITS LICENSORS 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 API; 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 API, ANY DEFECT IN THE API 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 LICENSORS' TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE API SHALL NOT EXCEED $1.00.
Some states (including, without limitation, New Jersey), territories and countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
- 8.4. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Garmin and its affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the API.
9. YOUR WARRANTIES, HOLD HARMLESS AND INDEMNITY
- 9.1. You represent, warrant and covenant that: (i) you will maintain, throughout the term, all required rights and licenses related to your Application; (ii) your Application does not and will not, throughout the term, infringe or otherwise violate any third party rights, including but not limited to third party intellectual property rights; and (iii) your uses of the API and end user data will comply with all applicable foreign, federal, state and local laws, rules, and regulations.
- 9.2. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Garmin and its affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim, loss, liability, judgment, cost and expense arising from or in any way related to your use of the API, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, including without limitation claims that your Application infringes the intellectual property rights of a third party. Garmin shall use good faith efforts to provide you with written notice of such claim, suit or action.'
- 10.1. Neither these Terms, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture, employment or agency relationship or as granting a franchise.
- 10.2. If any provision of these Terms shall be held by a court or arbitrator of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- 10.3. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- 10.4. Upon acceptance by you, these Terms shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements of every kind and nature between them. These Terms replaces any previous agreement with respect to the subject matter, and may be amended only by a written agreement signed on behalf of each party by their respective duly authorized representatives.
- 10.5. You shall not have any authority to assume or create any obligation for or on behalf of Garmin, express or implied, and you shall not attempt to bind Garmin to any contract or agreement.
- 10.6. All legal issues arising out of or related to these Terms or your use of the API and 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. By using The API, 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 or related to these Terms or your use of the API. 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.
- 10.7. The API may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the API to, or make the API accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the API available outside the US.
- 10.8. If the API is being licensed by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, then (i) for acquisitions conducted by the Department of Defense, the API is licensed with "Limited Rights" in accordance with the rights set forth at DFARS 252.227-7013(b)(3), TECHNICAL DATA-NONCOMMERCIAL ITEMS, and (ii) for civilian agency acquisitions, the API is licensed in accordance with the rights set forth at FAR 52.227-14(g)(1), RIGHTS IN DATA- GENERAL (Protection of limited rights data and computer software).
- 10.9. The parties understand and agree that Garmin is not a consumer reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. ("FCRA") and that your use of the API as contemplated hereunder does not constitute a transaction involving a "consumer report" as defined by the FCRA. You agree that any end user information provided to you by Garmin or through the API has not been collected for credit purposes and will not be used by you or any third party to evaluate or determine any end user’s credit worthiness, credit standing, credit capacity or other characteristics listed in Section 603(d) of the FCRA. You shall not use or permit any third party to use the API, any data transmitted through the API or any Garmin service to determine end user’s eligibility for credit or insurance, employment purposes or any other purpose set forth in Section 604 of the FCRA.