Appendix
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.
14
GPSMAP 4000/5000/6000/7000 Series Weather and XM Satellite Radio Supplement
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