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GXM 51 Installation Instructions
9
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 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 and exclusive remedy is to stop using the DAFIF product. This product was developed using DAFIF, a
product of the National Geospatial-Intelligence Agency.