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“Coverage Area” means the areas of the United
States and Canada (exclusive of U.S. Territories and
Puerto Rico) in which the Service is available using
the FM Subcarrier Network – these areas may change
from time to time and coverage in a given geographic
region may become unavailable.
“Device” means the Weather Clock.
“FM Subcarrier Network” means Microsoft’s
DirectBand® FM subcarrier network of FM radio
stations located in the Coverage Area.
“Service” means the weather information service
provided via the Device according to this Agreement.
The Service and the FM Subcarrier Network will remain
in operation through at least 2011, but may change
from time to time. Such changes include, but are
not limited to, removal of, additions to or changes to
content delivered as part of the Service and Coverage
Area. We do not promise that the Service or the FM
Subcarrier Network will be available all the time. The
Device should show text and other content provided
over the FM Subcarrier Network if the Device is
appropriately produced and configured by the Device
retailer. The Service does not include sending data
from Devices.
The entire Service is subject to the disclaimers and
limitations contained in this Agreement. Data is not
necessarily real-time data.
Reception Limitations: Receipt of data is affected
by the interruption of FM transmission, the relative
strength of the signal, and reception limitations of the
FM Subcarrier Network, as well as other factors such as
your location within certain structures that may block FM
signals (e.g., when you are in a garage).
The Service is only for your personal use. You will not
use the Service 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 FM
SUBCARRIER NETWORK (COLLECTIVELY,THE
“OSI PARTIES”) MAKE NO WARRANTIES. THE OSI
PARTIES DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS, STATUTORY AND IMPLIED, INCLUDING
WITHOUT LIMITATION (1) WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
CUSTOMER TERMS AND CONDITIONS
WMS802_EN_R4.indd 12 2006.12.5 6:56:51 PM