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Garmin 5000 - Limitations of Liability; Software License Agreement; XM Satellite Radio Service Agreement

Garmin 5000
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GPSMAP
®
5000 Series Owner’s Manual 69
Appendix
appendiX
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
This product was developed using DAFIF
, a product of the National Geospatial-Intelligence Agency.
This product has not been endorsed or otherwise approved by the National Geospatial-Intelligence Agency, or the United
States Department of Defense (10 U.S.C. 425).
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.
Software License Agreement
BY USING THE UNIT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE FOLLOWING
SOFTWARE LICENSE AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY.
Garmin grants you a limited license to use the software embedded in this device (the “Software”) in binary executable
form in the normal operation of the product. Title, ownership rights, and intellectual property rights in and to the Software
remain in Garmin.
You acknowledge that the Software is the property of Garmin and is protected under the United States of America
copyright laws and international copyright treaties. You further acknowledge that the structure, organization, and code of
the Software are valuable trade secrets of Garmin and that the Software in source code form remains a valuable trade secret
of Garmin. You agree not to decompile, disassemble, modify, reverse assemble, reverse engineer, or reduce to human
readable form the Software or any part thereof or create any derivative works based on the Software. You agree not to
export or re-export the Software to any country in violation of the export control laws of the United States of America
XM Satellite Radio Service Agreement
XM Satellite Radio Inc.
Hardware and required monthly subscription sold separately. Subscription fee is consumer only. Other fees and taxes,
including a one-time activation fee may apply. All programming fees and weather data subject to change. XM WX weather
data displays and individual product availability vary by hardware equipment. Reception of the XM signal may vary
depending on location. Subscriptions subject to Customer Agreement included with the XM Welcome Kit and available at
xmradio.com. Available only in the 48 contiguous United States. XM WX is a trademark of XM Satellite Radio Inc.

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