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GPSMAP 496 Owner’s Manual 179
Appendix > License Agreement and Warranty
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 trafc 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 trafc 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 prots 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 tness
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