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Appendix, Weather data warranty – Garmin XM WX User Manual

Page 18

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14

XM WX Satellite Weather

®

and XM

®

Satellite Radio Supplement

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-