Flyability ELIOS - Page 3

3
Disclaimer
Terms with initial capital letters shall have the following meanings:
“Agreement” means the conditions of use of this User Manual and any other agreement between You and Flyability
according to which the Product was delivered to You.
“Flyability” ... means Flyability SA, a company incorporated in the Canton of Vaud in Switzerland under federal number CH-
550.1.156.670-6 (IDE CHE-348.376.646) having its principal offices at 18 Av. De Sévelin, 1004 Lausanne, Switzerland
“Product” ..... means all goods and services described in this document.
“You” ............... means the person or legal entity to which the Product is delivered or who is operating the robot
All rights related to this document and all information it contained are the property of Flyability. REPRODUCTION, USE OR
DISCLOSURE TO THIRD PARTIES WITHOUT PRIOR WRITTEN PERMISSION FROM FLYABILITY IS STRICTLY PROHIBITED. This
document is a draft designed as a basis for the purpose of testing the Product in development. THIS DOCUMENT IS PROVIDED
AS IS WITHOUT ANY WARRANTY WITH REGARD TO ITS COMPLETENESS OR ACCURACY. Flyability may change the Product
specifications and descriptions at any time without prior notice.
By using the Products, software and systems of Flyability, You fully accept and consent, without reserve,
Flyability’s warranty and liability terms state below and all other terms and conditions agreed between
You and Flyability.
1. Product limited warranty
By using the Product, the Tester fully understands and agrees that the Product is a Prototype to be provided for testing under
this Agreement by Flyability is in a developing stage involving that the Product:
(i) Presents a risk of physical injuries if wrongly used; and
(ii) Presents a risk of damaging Tester’s and Third-parties’ property if wrongly used; and
(iii) Is not free from defects, including defects that could lead to physical injuries or damage to properties; and
(iv) May be unfitted to Tester’s needs and purposes; and
(v) Is intended to be used by qualified professionals for industrial and professional purposes only; and
(vi) Is subject to local regulations that could prevent its use by the Tester; and
(vii) Should not be considered as a product in circulation in regard of the Swiss Federal regulation 211.112.944 on liability
due to defective products or any similar applicable laws.
Flyability does not warrant that the Product will be free from defects. In case of defect, You shall pursue available remedies to
You according to the Agreement. The warranty shall exclude defects due to misuse, non-observation of the User Manual,
moisture or liquids, proximity or exposure to heat, excessive strain, abuse, neglect, misapplication, repairs or modifications
made by anyone other than Flyability. There are no express or implied warranties, representations or conditions other than
those stated in this limited warranty and the Agreement. The remedy set forth herein and in the Agreement shall be the sole,
exclusive remedy with respect to the Product.
2. Product liability
IN NO EVENT OR UNDER ANY CIRCUMSTANCE, UNLESS EXPRESSLY STATED IN THE AGREEMENT, SHALL FLYABILITY SA, ITS
DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU OR TO ANY THIRD PERSON CLAIMING RIGHTS DERIVED FROM
YOUR RIGHTS, IN CONTRACT, TORT OR OTHERWISE, FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY YOU OR A THIRD PARTY WHILE OPERATING OR USING THE
PRODUCT, ANY DAMAGES CAUSED BY FAILURE OF THE ELECTRONICS OR SOFTWARE, ANY LOSS OF REVENUE, LOSS OF
PROFIT, OR LOSS OF DATA WHETHER BASED UPON ANY ALLEGED BREACH OF WARRANTY, REPRESENTATION OR
CONDITION, CONTRACT, OR ANY OTHER CONDUCT INCLUDING NEGLIGENCE (INTENTIONAL OR OTHERWISE), GIVING RISE
TO SUCH CLAIM. A Party who relies on a breach of the other Party’s obligations under this Agreement, shall take any and all
reasonable measures in the circumstances to mitigate the consequences, including loss of profit, resulting from the breach. If it
fails to take such measures, the Party in breach may claim a reduction in the damages in the amount by which the
consequences should have been mitigated.
YOU SHALL NOT OPERATE THE PRODUCT IN AREAS OR UNDER CIRCUMSTANCES WHERE A FAILURE COULD CAUSE
DAMAGES AND/OR HARM TO OBJECTS AND/OR PEOPLE. YOU SHOULD HAVE READ AND UNDERSTOOD THE USER MANUAL
COMPLETELY BEFORE OPERATING THE PRODUCT. ANY DAMAGE AND/OR HARM ARISING FROM NOT ACCURATELY
FOLLOWING THE PROCESSES AND GUIDANCE FROM THE USER MANUAL SHALL BE THE SOLE RESPONSIBILITY OF THE
OPERATOR OF THE UAV.
ALL USE OF THE PRODUCTS IS UNDER YOUR SOLE REPONSIBILITY, INCLUDING BUT NOT LIMITED TO, THE COMPLIANCE WITH
APPLICABLE LAW AND REGULATIONS OF THE COUNTRY IN WHICH THE PRODUCT IS OPERATED.
Authorizations and regulations
SOME COUNTRIES MAY HAVE LAWS THAT LIMIT OR PROHIBIT THE USE OF UNMANNED AIRCRAFT. THE UAV’S OPERATOR IS
SOLE RESPONSIBLE FOR SECURING ALL AUTHORIZATIONS, CERTIFICATIONS AND LICENSES REQUIRED FOR THE USE OF THE
PROTOTYPE. FLYABILITY SA DOES NOT PROVIDE ANY LEGAL ADVICE OR COUNSELING AND UNDER NO EVENT SHALL BE
LIABLE FOR ANY INFRIGMENT OF ANY APPLICABLE LAW BY YOU.!