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Appendix

Weather Data Warranty

THE WEATHER DATA SOFTWARE PRODUCT IS PROVIDED "AS IS." ALL OTHER WARRANTIES,

EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE OR OF NON-INFRINGEMENT ARE HEREBY EXCLUDED.

USER SAFETY

If you use XM Services it is your responsibility to exercise prudent discretion and observe all safety measures

required by law and your own common sense. You assume the entire risk related to your use of the Services. XM

and Garmin assume no responsibility for accidents resulting from or associated with use of the Services. Your Radio

Service includes traffic and weather information, and you acknowledge that such information is not for "safety

for life", but is merely supplemental and advisory in nature, and therefore cannot be relied upon as safety-critical

in connection with any aircraft, sea craft or automobile usage. This information is provided "as is" and XM and

Garmin disclaim any and all warranties, express and implied, with respect thereto or the transmission or reception

thereof. XM and Garmin further do not warrant the accuracy, reliability, completeness or timeliness of the traffic

and weather information disclosed on the Radio Service. In no event will XM and Garmin, their data suppliers,

service providers, marketing/distribution, software or Internet partners or hardware manufacturers be liable to you

or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or

lost profits resulting from use of or interruptions in the transmission or reception of the Services.

LIMITS ON OUR RESPONSIBILITY

a) DISCLAIMERS.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY OR REPRESENTATION,

EITHER EXPRESS OR IMPLIED, REGARDING THE RADIO SERVICE. YOUR USE OF THE SERVICE IS

AT YOUR SOLE RISK. THE CONTENT AND FUNCTIONALITY OF THE SERVICE IS PROVIDED "AS

IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALL SUCH WARRANTIES

OR REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE

HEREBY DISCLAIMED.

b) LIMITATIONS OF LIABILITY.

WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES

OR LOSSES RELATING TO THE USE OF THE RADIO SERVICE, WHETHER BASED ON NEGLIGENCE

OR OTHERWISE. OUR TOTAL LIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING OUR

SERVICES, REGARDLESS OF THE CAUSE, WILL IN NO EVENT EXCEED THE AMOUNTS THAT YOU

HAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED DURING THE SIX (6) MONTH PERIOD

IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE

OR LOSS. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. YOU MAY HAVE GREATER

RIGHTS THAN DESCRIBED ABOVE UNDER YOUR STATE'S LAWS.

This product was developed using DAFIF

, a product of the National Geospatial-Intelligence Agency.

™

This product has not been endorsed or otherwise approved by the National Geospatial-Intelligence Agency, or the

United States Department of Defense (10 U.S.C. 425).

a. Under 10 U.S.C. 456, no civil action may be brought against the United States on the basis of the content of a

navigational aid prepared or disseminated by either the former Defense Mapping Agency (DMA), National Imagery

and Mapping Agency (NIMA), or the National Geospatial-Intelligence Agency (NGA).

b. The DAFIF product is provided "as is," and no warranty, express or implied, including, but not limited to the

implied warranties of merchantability and fitness for particular purpose or arising by statute or otherwise in law or

from a course of dealing or usage in trade, is made by NGA as to the accuracy and functioning of the product.

c. Neither NGA nor its personnel will be liable for any claims, losses, or damages arising from or connected with

the use of this product. The user agrees to hold harmless the United States National Geospatial-Intelligence Agency.

The user's sole and exclusive remedy is to stop using the DAFIF product. This product was developed using

DAFIF, a product of the National Geospatial-Intelligence Agency.

GPSMAP 4000/5000/6000/7000 Series Weather and XM Satellite Radio Supplement