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Direct Receiver Instructions 7
The Service is only for use by the individual making use of the Device and is
not for retransmission for commercial purposes. You will not use the Service in
any way that is unlawful. You may not use the Service in any way that breaches
any code of conduct or other notice applicable to the Service.
NO WARRANTY: WE PROVIDE THE SERVICE “AS IS,” “WITH ALL
FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT
IS WITH YOU. WE, OUR AFFILIATES, RESELLERS, DISTRIBUTORS,
SERVICE PROVIDERS AND/OR SUPPLIERS, INCLUDING ENTITIES
IN THE DIRECTBAND NETWORK (COLLECTIVELY, “GARMIN”)
MAKE NO WARRANTIES. GARMIN DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING
WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES,
NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING
THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3)
WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES
THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. TO THE
EXTENT PERMITTED BY LAW IN YOUR JURISDICTION, IN NO EVENT
SHALL GARMIN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF,
BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE
OF THE SERVICE, EVEN IF GARMIN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES
UNDER THIS SECTION IS INDEPENDENT OF ANY OTHER REMEDY
AND SURVIVES IN THE EVENT ANY SUCH REMEDY FAILS OF ITS
ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY
WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM
(1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3)
NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, (4) PRODUCTS
LIABILITY, OR (5) ANY OTHER CAUSE OF ACTION TO THE EXTENT
NOT PROHIBITED BY APPLICABLE LAW. CHANGES TO THE SERVICE
GARMIN MAY CHANGE THE SERVICE OR DELETE FEATURES IN ANY
WAY, AT ANY TIME AND FOR ANY REASON.
Garmin or MSN
®
Direct may terminate or suspend the Service at any time,
with or without cause, with or without notice. Upon termination of the Service,
your right to use the Service will immediately cease, and Garmin will have no
obligation to provide the Service to you.