14 GPSMAP 4000/5000/6000/7000 Series Weather and XM Satellite Radio SupplementAppendixAppendixWeather Data WarrantyTHE WEATHER DATA SOFTWARE PRODUCT IS PROVIDED “AS IS.” ALL OTHER WARRANTIES,EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE OR OF NON-INFRINGEMENT ARE HEREBY EXCLUDED.USER SAFETYIf you use XM Services it is your responsibility to exercise prudent discretion and observe all safety measuresrequired by law and your own common sense. You assume the entire risk related to your use of the Services. XMand Garmin assume no responsibility for accidents resulting from or associated with use of the Services. Your RadioService includes traffic and weather information, and you acknowledge that such information is not for “safetyfor life”, but is merely supplemental and advisory in nature, and therefore cannot be relied upon as safety-criticalin connection with any aircraft, sea craft or automobile usage. This information is provided “as is” and XM andGarmin disclaim any and all warranties, express and implied, with respect thereto or the transmission or receptionthereof. XM and Garmin further do not warrant the accuracy, reliability, completeness or timeliness of the trafficand 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 youor to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages orlost profits resulting from use of or interruptions in the transmission or reception of the Services.LIMITS ON OUR RESPONSIBILITYa) 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 ISAT YOUR SOLE RISK. THE CONTENT AND FUNCTIONALITY OF THE SERVICE IS PROVIDED “ASIS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALL SUCH WARRANTIESOR REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) AREHEREBY DISCLAIMED.b) LIMITATIONS OF LIABILITY.WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGESOR LOSSES RELATING TO THE USE OF THE RADIO SERVICE, WHETHER BASED ON NEGLIGENCEOR OTHERWISE. OUR TOTAL LIABILITY TO YOU AND ANY OTHER PERSONS RECEIVING OURSERVICES, REGARDLESS OF THE CAUSE, WILL IN NO EVENT EXCEED THE AMOUNTS THAT YOUHAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED DURING THE SIX (6) MONTH PERIODIMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGEOR LOSS. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. YOU MAY HAVE GREATERRIGHTS 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 theUnited 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 anavigational aid prepared or disseminated by either the former Defense Mapping Agency (DMA), National Imageryand 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 theimplied warranties of merchantability and fitness for particular purpose or arising by statute or otherwise in law orfrom 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 withthe 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. This product was developed usingDAFIF, a product of the National Geospatial-Intelligence Agency.