Garmin GPSMAP 3005C Owner's Manual

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98 GPSMAP 3005C Owner’s ManualAPPENDIX > WEATHER DATA WARRANTYWeather Data WarrantyTHE WEATHER DATA SOFTWARE PRODUCT IS PROVIDED “AS IS.” ALL OTHERWARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT ARE HEREBY EXCLUDED.USER SAFETYIf you use XM Services it is your responsibility to exercise prudent discretion and observeall safety measures required by law and your own common sense. You assume the entire riskrelated to your use of the Services. XM and Garmin assume no responsibility for accidentsresulting from or associated with use of the Services. Your Radio Service includes traffic andweather 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 assafety-critical in connection with any aircraft, sea craft or automobile usage. This informationis 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 donot warrant the accuracy, reliability, completeness or timeliness of the traffic and weatherinformation disclosed on the Radio Service. In no event will XM and Garmin, their datasuppliers, service providers, marketing/distribution, software or Internet partners or hardwaremanufacturers 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 orinterruptions in the transmission or reception of the Services.LIMITS ON OUR RESPONSIBILITYa) DISCLAIMERS.EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO WARRANTY ORREPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE RADIOSERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE CONTENTAND FUNCTIONALITY OF THE SERVICE IS PROVIDED “AS IS” WITHOUT ANYWARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALL SUCH WARRANTIESOR REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES 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, ORCONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE USE OF THE RADIOSERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. OUR TOTALLIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING OUR SERVICES,REGARDLESS OF THE CAUSE, WILL IN NO EVENT EXCEED THE AMOUNTS THATYOU HAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED DURING THESIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THATGAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. THIS ALLOCATION OFRISK IS REFLECTED IN OUR PRICES. YOU MAY HAVE GREATER RIGHTS THANDESCRIBED ABOVE UNDER YOUR STATE’S LAWSThis product was developed using DAFIF™, a product of the National Geospatial-IntelligenceAgency.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 basisof the content of a navigational aid prepared or disseminated by either the former DefenseMapping Agency (DMA), National Imagery and Mapping Agency (NIMA), or the NationalGeospatial-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 purposeor arising by statute or otherwise in law or from a course of dealing or usage in trade, is madeby 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 fromor connected with the use of this product. The user agrees to hold harmless the United StatesNational Geospatial-Intelligence Agency. The user’s sole and exclusive remedy is to stopusing the DAFIF product.