EFD1000/500 MFD Pilot’s Guide
Page xxiv 091-00006-001 REV B
EFD1000/500 MFD Pilot’s Guide
Page xxv091-00006-001 REV B
Weather Data Warranty
THE WEATHER DATA SOFTWARE PRODUCT IS PROVIDED “AS IS.” ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF NON-
INFRINGEMENT ARE HEREBY EXCLUDED.
PILOT SAFETY.
If you use XM Services it is your responsibility to exercise prudent
discretion and observe all safety measures required by law and your
own common sense. You assume the entire risk related to your use
of the Services. XM and Aspen assume no responsibility for accidents
resulting from or associated with use of the Services. Your Radio
Service includes 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. This information is provided “as is” and
XM and Aspen disclaim any and all warranties, express and implied,
with respect thereto or the transmission or reception thereof. XM and
Aspen further do not warrant the accuracy, disclosed on the Radio
Service. In no event will XM and Aspen, 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 NON0INFRINGEMENT) 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.
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