Appendix
GPSMAP 400/500 Series Weather Supplement
17
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.
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