Weather Data Warranty - Garmin GPSMAP 3005C Owner's Manual

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PPENDIX EATHER ATA ARRANTY

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.
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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.
GPSMAP 3005C Owner's Manual