190-01499-10
GTX 35R/45R Installation Manual (Non-Certified Aircraft)
Rev. 1
Page iv
5.
Disclaimer; Limitations of Liability; Indemnity.
5.1
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.
5.2
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 $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.
5.3
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.
