Garmin Pilot User's iOS, User Manual

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Garmin Pilot for iOS User’s Guide 190-01501-00 Rev. D
Appendix A
155
Overview
Plan
File
Fly
Subscriptions
Appendices
Index
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 SiriusXM and Garmin disclaim any and all warranties, express and implied, with respect thereto
or the transmission or reception thereof. SiriusXM 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
SiriusXM 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.