English 7software definition), DFARS 27.7202-1 (DOD policyon commercial computer software), FAR 52.227-19(JUN 1987) (commercial computer software clausefor 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 noncommercialcomputer software clause); and/or FAR 12.211and FAR 12.212 (commercial item acquisitions), asapplicable. In case of conflict between any of the FARand DFARS provisions listed herein and this License,the construction that provides greater limitations onthe Government’s rights shall control. The contractor/manufacturer is Garmin International, Inc., 1200 East151st Street, Olathe, KS 66062, USA and NAVTEQ®North America LLC, 222 Merchandise Mart Plaza, Suite900, Chicago, Illinois 60654.DMTI Spatial, Inc. End User LicenseAgreementThe software embedded in your Garmin product isowned by Garmin Ltd. or its subsidiaries (“Garmin”).The third-party postal code data (the “LicensedProduct”) embedded in or accompanying yourGarmin product is owned by DMTI Spatial, Inc. and islicensed to Garmin. Both the software and LicensedProduct are protected under copyright laws andinternational copyright treaties.THIS is a legal Agreement between you, the end user,and DMTI Spatial, Inc. BY LOADING THE PRODUCT(S)WITH THIS AGREEMENT YOU ARE AGREEING TOBE BOUND BY THE TERMS OF THIS AGREEMENT.IF YOU DO NOT AGREE TO THE TERMS OF THISAGREEMENT, PROMPTLY (within 7 days of purchase)RETURN THE PRODUCTS AND ANY ACCOMPANYINGITEMS (including written materials) TO GarminINTERNATIONAL, INC. CUSTOMER SERVICE, 1200EAST 151ST STREET, OLATHE, KANSAS 66062, FOR AREFUND.DMTI Spatial hereby grants to you a non-exclusive,non-transferable license to use the data containedon the media in this package (the “Licensed Product”)solely for personal non-commercial use or internaluse in your business, on a single computer, Pocket PC,or Palm device in conjunction with Garmin software,and with compatible Garmin products that youpersonally own. Your use of the data is subject to thefollowing terms and conditions:You acknowledge that the Licensed Product(s)belong to DMTI Spatial and its third party supplier,and that the Licensed Product(s) are copyrighted.Unauthorized copying of the Licensed Product(s),is expressly forbidden and you may be held legallyresponsible for copyright infringement which iscaused or encouraged by your failure to abide by theterms of this agreement. You may make one archivalcopy of the Licensed Product(s), solely for your ownuse, subject to the following restrictions: (1) Thearchival copy must be treated in the same way asthe original copy; (2) No copy may be used while anyother copy is in use. If you make an archival copy ofthe Licensed Product(s), you must include on it thecopyright notice that is on the original media.You may not reproduce, sell, rent, lease, loan,distribute or sublicense the Licensed Product(s) orotherwise transfer the Licensed Product(s) to anythird party, use the Licensed Product for commercialpurposes except for internal use in your business,decompile, disassemble, reverse-engineer theLicensed Product(s), or use the Licensed Productto create any derived product for any of theseprohibited purposes. You may not place the LicensedProduct(s) on the Internet without a prior writtenagreement with DMTI Spatial.In no event shall DMTI Spatial or its third partysupplier(s) be liable to you or your organization forany indirect damages including any lost profits, lostsavings, interruption of business, loss of businessopportunities or other incidental or consequentialdamages, arising out of your possession, use of, orinability to use the Licensed Product(s), even if DMTISpatial, its third party supplier(s), or any authorizeddealer, has been advised of the possibility of thedamages, or for any claim by any other party. In noevent shall DMTI Spatial have any liability for damagein excess of the license fee paid for the LicensedProduct(s).You shall indemnify and hold DMTI Spatial, its thirdparty supplier(s) and their officers, employees andagents, harmless from and against any claim, demandor action, irrespective of the nature of the claim,demand or action, alleging loss, costs, damages,expenses, or injury (including injury from death)resulting from your authorized or unauthorized, use,possession, modification, or alteration of the LicensedProduct(s).THE LICENSED PRODUCT(S) AND THE ASSOCIATEDWRITTEN MATERIALS IN CONNECTION THEREWITHARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANYKIND, EITHER EXPRESSED OR IMPLIED, ARISING BYLAW OR OTHERWISE, INCLUDING BUT NOT LIMITEDTO WARRANTIES OF EFFECTIVENESS, COMPLETENESS,ACCURACY, MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE. THE ENTIRE RISK AS TO THEQUALITY AND PERFORMANCE OF THE LICENSEDPRODUCT(S) IS WITH YOU, THE END USER. NO ORALOR WRITTEN ADVICE GIVEN BY DMTI SPATIAL OR ITSDEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEESCREATES A WARRANTY OR IN NAY WAY INCREASESDMTI SPATIAL’S LIABILITY AND YOU MAY NOT RELY ON