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
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
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
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
This product has not been endorsed or otherwise approved by the National
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
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-
14 | XM WX Satellite Weather® and XM® Satellite Radio Supplement |