150
DISCLAIMER: EXCEPT FOR THE WARRANTIES DESCRIBED ABOVE,
THE DATA AND RELATED MATERIALS ARE LICENSED ‘AS IS’, AND
NAVIONICS DISCLAIMS ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE
ENTIRE RISK AS TO PERFORMANCE AND RESULTS OF THE DATA.
NAVIONICS’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY
FROM LOSS OR DAMAGES RESULTING FROM ANY CLAIMS,
DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS
AGREEMENTSHALL NOT EXCEED THE PURCHASE PRICE PAID FOR
THE LICENSE TO USE THE DATA. IN NO EVENT SHALL NAVIONICS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF NAVIONICS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ACKNOWLEDGEMENT: You acknowledge that you have read this warranty
provision, understand it, and agree to be bound by its terms and conditions.
You also agree that: (1) no oral or written information or advice given by
Navionics, its dealers, distributors, agents or employees shall in any way
increase the scope of this warranty, and you may not rely on any such
information or advice; and (2) this warranty provision is the complete and
exclusive statement of agreement regarding warranty by Navionics and
supersedes all proposals or prior agreements, oral or written, and any other
communications you may have had prior to purchasing.
Sirius weather
ADVISORY NATURE OF SERVICE; SUBSCRIBERS RESPONSIBILITY
Subscriber (‘Subscriber’) acknowledges and agrees that the data service
(‘the Service’) is advisory in nature and all actions and judgements taken
with respect to the Service are Subscriber’s sole responsibility. Neither WSI
Corporation (‘WSI’) nor Sirius Satellite Radio Inc. (‘Sirius’) makes any
representations or warranties with respect to the reliability, predictive value
or accuracy of the information contained within the Service, and neither WSI
nor Sirius shall be responsible for inaccurate, omitted, delayed or erroneous
information. Subscriber further acknowledges and agrees that the Service
may be interrupted due to adverse weather or other conditions and that
neither WSI or Sirius shall have any liability for such interruptions.
Subscriber is urged to verify the contents of the Service against other
sources prior to use. Subscriber acknowledges and agrees that under no
circumstances should the user of this Service make decisions based solely
or primarily on weather information contained within the Service. In addition,
it is Subscribers responsibility to exercise discretion and observe all safety
measures required by law and his or her own common sense. Neither WSI
or Sirius assumes any responsibility for accidents resulting from or
associated with use and/or misuse of the service.
ELIGIBILITY; USE LIMITATIONS
Subscriber must be at least 18 years old to assume the obligations set forth
in these terms. Minors may use the Service only if a parent or legal guardian
assumes the obligations set forth in these Terms and thereby assumes full
responsibility for the minjor’s use of the Service. Sirius provides the Service
only for your personal, non-commercial enjoyment. Subscriber may not
make commercial use of, reproduce, rebroadcast, redistribute or otherwise
transmit the Service, or record, charge admission for utilizing or distribute
information from the Service.
LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTY
DISCLAIMER
A. NOTWITHSTANDING ANYTHIN CONTAINED HEREIN, OR THE
FORUM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE
BROUGHT BY SUBSCRIBER AGAINST WSI AND/OR SIRIUS,
SUBSCRIBER AGREES THAT EACH OF WSI’S AND SIRIUS LIABILITY, IF
ANY, TO THE SUBSCRIBER FOR ANY LOSS, DAMAGE, CLAIM,
LIABILITY OR EXPENSE, OF ANY KIND CAUSED DIRECTLY
81314-1_A Series Reference Guide.book Page 150 Thursday, August 28, 2008 9:23 AM
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