Garmin GPSMAP 396 User Manual

Page 185

GPSMAP 396 Owner’s Manual

PPendIX

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ArrAnty

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.