Reference Manual Part 2

G-Series Reference Manual 218
22.1 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 judg-
ments 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 informa-
tion contained within the Service, and neither WSI nor Sirius shall
be responsible for inaccurate, omitted, delayed, or erroneous infor-
mation. Subscriber further acknowledges and agrees that the
Service may be interrupted due to adverse weather or other condi-
tions and that neither WSI nor Sirius shall have any liability for such
interruptions. Subscriber is urged to verify the contents of the Ser-
vice 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 infor-
mation contained within the Service. In addition, it is Subscribers
responsibility to exercise discretion and observe all safety mea-
sures required by law and his or her own common sense. Neither
WSI nor 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 minor’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 infor-
mation from the Service.
LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTY
DISCLAIMER
A. NOTWITHSTANDING ANYTHING 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 OR INDIRECTLY BY THE PERFOR-
MANCE OR NONPERFORMANCE OF OBLIGATIONS
PURSUANT TO THIS AGREEMENT OR BY THE NEGLIGENCE,
ACTIVE OR PASSIVE, OF WSI AND/OR SIRIUS SHALL BE
EXCLUSIVELY LIMITED TO GENERAL MONEY DAMAGES IN
AN AMOUNT NOT TO EXCEED THE PRICE PAID BY THE SUB-
SCRIBER TO SIRIUS HEREUNDER FOR THE MOST RECENT
SIX MONTHS OF SERVICE. IN NO EVENT SHALL WSI AND/OR
SIRIUS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR
LOST PROFITS OR DAMAGES FROM LOSS OF USE OR DATA
(DESPITE THE FACT THAT THE POSSIBILITY OF SUCH DAM-
AGES ARE OR MAY BE KNOWN TO WSI AND/OR SIRIUS),
WHETHER ARISING OUT OF BREACH OF AGREEMENT, TORT
OR ANY OTHER CAUSE OF ACTION RELATING TO THE PER-
FORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT.
THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WAR-
RANTIES IN THIS AGREEMENT ARE REFLECTED IN SIRIUS
SERVICE PRICES AND ARE A FUNDAMENTAL ELEMENT OF
SIRIUS AGREEMENT TO PROVIDE THE SERVICE TO SUB-
SCRIBER. SUBSCRIBER MAY HAVE GREATER RIGHTS THAN
DESCRIBED ABOVE UNDER HIS OR HER STATE’S LAWS.
B. EXCEPT FOR WILLFUL MISCONDUCT ON THE PART OF WSI
AND/OR SIRIUS, SUBSCRIBER SHALL DEFEND, INDEMNIFY
AND HOLD HARMLESS WSI AND SIRIUS FROM AND AGAINST
ANY AND ALL LOSSES, CLAIMS, DEMANDS, EXPENSES
(INCLUDING REASONABLE ATTORNEY’S FEES AND