190-01717-B1
G500/G600 TXi Part 23 AML STC Maintenance Manual
Rev. 1
Page v
5.
Disclaimer; Limitations of Liability; Indemnity
.
a. DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE LICENSED SOFTWARE AND DOCUMENTATION (INCLUDING ANY RESULTS
TO BE OBTAINED FROM ANY USE OF THE LICENSED SOFTWARE AND
DOCUMENTATION) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO
WARRANTIES, GUARANTEES OR REPRESENTATIONS AND NEITHER GARMIN
NOR ITS AFFILIATES MAKE ANY REPRESENTATION, WARRANTY OR
GUARANTEE, STATUTORY OR OTHERWISE, UNDER LAW OR FROM THE
COURSE OF DEALING OR USAGE OF TRADE, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT, TITLE, OR
SIMILAR, UNDER THE LAWS OF ANY JURISDICTION. GARMIN DOES NOT
WARRANT THAT THE LICENSED SOFTWARE OR DOCUMENTATION WILL MEET
LICENSEE'S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR FREE. LICENSEE ASSUMES THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE AND
DOCUMENTATION. THE LICENSED SOFTWARE IS NOT INTENDED FOR USE IN
ANY NUCLEAR, MEDICAL, OR OTHER INHERENTLY DANGEROUS
APPLICATIONS, AND GARMIN DISCLAIMS ALL LIABILITY FOR ANY DAMAGE
OR LOSS CAUSED BY SUCH USE OF THE LICENSED SOFTWARE.
b. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. NOTWITHSTANDING
ANYTHING TO THE CONTRARY HEREIN, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND
REGARDLESS OF THE NATURE OF ANY CLAIM SHALL GARMIN BE LIABLE TO
LICENSEE FOR AN AMOUNT IN EXCESS OF USD $100, OR BE LIABLE IN ANY
AMOUNT FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
INDIRECT DAMAGES, LOSS OF GOODWILL OR PROFITS, LIQUIDATED
DAMAGES, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ATTORNEYS'
FEES, COURT COSTS, INTEREST OR EXEMPLARY OR PUNITIVE DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OR
NON-PERFORMANCE OF THE LICENSED SOFTWARE OR DOCUMENTATION,
EVEN IF GARMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGES.
c. Indemnity. Licensee shall indemnify, defend and hold Garmin and its affiliates harmless
against any and all losses, claims, actions, causes of action, liabilities, demands, fines,
judgments, damages and expenses suffered or incurred by Garmin or its affiliated companies
in connection with: (a) any use or misuse of the Licensed Software or Documentation by
Licensee or any third party in Licensee's reasonable control; or
(b) Licensee's breach of this Agreement.
6.
General
.
a. No Devices or Services. Licensee acknowledges and agrees that nothing in this Agreement
shall be construed as requiring Garmin to: (a) provide or supply the Devices or any other
devices or hardware to Licensee; (b) grant any licenses to any software other than the
Licensed Software; or (c) provide any services, such as support, maintenance, installation or
professional services for the Licensed Software.
