Raymarine 300 manual SiRF LICENSE AGREEMENT IMPORTANT - READ CAREFULLY

This equipment uses certain elements of software supplied to Raymarine by SiRF Tech- nology Inc., to which the following licence agreement applies. Please read it carefully.

SiRF LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY:

This is a legal agreement (the “Agreement”) between SiRF Technology Incorporated, which has offices at 3970 Freedom Circle, Santa Clara, California 95054 (“SiRF”) and you. It is important that you read this document before using the software embedded in the product (the “Software”). By using the Software, you agree to be bound by these terms and conditions.

1.GRANT OF LICENSE. SiRF grants to you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable right and license to use the Software only as part of the product in which it is embedded. You have no other rights to the Software. You may not copy, modify, disassemble, reverse engineer or decompile the Software. You agree not to remove, obliterate, or hide any copy- right, trademark, confidentiality, patent or other proprietary notice, mark or legend appearing on the Software or on output generated by the Software.

2.OWNERSHIP. The Software is licensed, not sold. All right, title and interest in and to the Software in any form be the sole property of SiRF and/or its suppliers.

3.LIMITED WARRANTY REMEDIES; DISCLAIMER; LIMITATION OF LIABILITY

Limited Warranty. SiRF warrants that for a period of ninety (90) days the Software will be in substantial compliance with SiRF's applicable written technical documentation for the Software. SiRF shall, at its option, modify or replace all non-conforming Software. The forego- ing remedy for breaches of the Software warranty is your exclusive remedy, and you hereby waive all other remedies.

Disclaimer of Warranties. THE SOFTWARE IS LICENSED “AS IS.” EXCEPT AS SET FORTH IN THIS SECTION 3, SiRF DOES NOT REPRE-

SENT OR WARRANT THAT ERRORS IN THE SOFTWARE WILL BE COR- RECTED OR THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE. EXCEPT AS SET FORTH IN THIS SECTION 4, THERE ARE NO WARRANTIES COVERING THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. NO AGENT OF SiRF IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF SiRF SET FORTH IN THIS AGREEMENT.

Limitation of Remedies and Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SiRF DISCLAIMS LIABILITY, AND SHALL NOT BE LIABLE TO YOU, FOR ANY LOSS OF PROFIT, INDIRECT, INCI- DENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF THE PRODUCT OR THE SOFTWARE. The maximum aggregate liability of SiRF arising out of this Agreement and any Product or Software, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price of the product whose license, use or other employment gives rise to the liability, to the extent such liability may be limited under applicable law.

4.TERM AND TERMINATION. This Agreement shall be effective on the date that you use the Software, and shall continue in effect until terminated in accordance with this Section 4. SiRF may terminate this Agreement for material breach by providing thirty (30) days writ- ten notice to you. Upon termination of this Agreement, all rights granted by this Agreement shall revert to SiRF, and you shall cease and desist all use of the Software. The following provisions of this Agreement shall survive its termination: Sections 2 through 11.

5.ASSIGNMENT. This Agreement shall inure to the benefit of and be binding upon each party's permitted successors and assigns.

6.GOVERNING LAW. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws principles.

7.LEGAL REQUIREMENTS. You may not export, re-export, divert, transfer or disclose, directly or indirectly the Software and any related technical information or materials without complying strictly with all legal requirements. You agree to comply with all applicable federal, state and local orders, laws, regulations and ordinances, including specifically United States federal govern- ment regulations relating to use of products containing global positioning systems technology.

8.U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and Documentation are provided with Restricted Rights. Use, duplica- tion, or disclosure by the Government is subject to restrictions as set forth in this Agreement, pursuant to DFARS 227-7202-3 or sub- paragraphs (c)(i) and (2) of the Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19, as applicable, or as set forth in the particular department or agency regulations or rules that provide SiRF with protection equivalent to or greater than the above-cited clause. The Manufacturer is SiRF Technology Incorpo- rated, 3970 Freedom Circle, Santa Clara, California 95054.

9.MISCELLANEOUS. This Agreement contains the entire under- standing and agreement between the parties respecting the sub- ject matter hereof and all prior understandings, representations and agreements of the parties, whether oral or written, with respect to the subject of this Agreement are superseded in their entirety. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party's duly authorized representative. This Agreement is in the English language only, which language shall be controlling in all respects. The rights and obligations of each party to this Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods. If any action at law or in equity, including an action for declaratory relief or injunctive relief is brought to enforce or inter- pret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which the party may be entitled. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.