Garmin GXM 40 - Manual (Page 43)

GXM 40 Owner’s Manual 4
Appendix
“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 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.
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