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GDL 30A Owner’s Manual 29
Appendix
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.
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