EFD1000 VFR PFD Pilot’s Guide
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091-00028-001 ( ) EFD1000 VFR PFD Pilot’s Guide
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091-00028-001 ( )
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 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.
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