GPSMAP 396 Owner’s Manual
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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.
