POWERFLARM FUSION
INSTALLATION MANUAL
Date: 2020-11-10
Version: 1.0
Page: 38 of 38
FLARM Technology Ltd
Hinterbergstrasse 15
CH-6330 Cham
Document Number:
FTD-077
6.
Warranty, Limitation of Liability, and
Indemnification
6.1.
Warranty
. FLARM devices, software, firmware,
license keys, and data are provided on an "as is"
basis without warranty of any kind — either
expressed or implied — including, without limitation,
any implied warranties of merchantability or fitness
for a particular purpose. FLARM Technology does not
warrant the performance of the device, software,
firmware, license key, or data or that the device,
software, firmware, license key, or data will meet
your requirements or operate error free.
6.2.
Limitation of Liability
. In no event shall FLARM
Technology be liable to you or any party related to
you for any indirect, incidental, consequential,
special, exemplary, or punitive damages (including,
without limitation, damages for loss of business
profits, business interruption, loss of business
information, loss of data or other such pecuniary
loss), whether under a theory of contract, warranty,
tort (including negligence), products liability, or
otherwise, even if FLARM Technology has been
advised of the possibility of such damages. In no
event will FLARM Technology’s total aggregate and
cumulative liability to you for any and all claims of
any kind arising hereunder exceed the amount of
fees actually paid by you for the device, license keys
or data giving rise to the claim in the twelve months
preceding the claim. The foregoing limitations will
apply even if the above stated remedy fails of its
essential purpose.
6.3.
Indemnification
. You will, at your own expense,
indemnify and hold FLARM Technology, and all
officers, directors, and employees thereof, harmless
from and against any and all claims, actions,
liabilities, losses, damages, judgments, grants,
costs, and expenses, including reasonable attorneys’
fees (collectively, “Claims”), arising out of any use
of a FLARM device, software, firmware, license key,
or data by you, any party related to you, or any
party acting upon your authorization.
7.
General terms
7.1.
Governing Law
. This Agreement shall be governed
by and construed in accordance with the internal law
of Switzerland (to the exclusion of Swiss Private
International Law and of international treaties, in
particular the Vienna Convention on the
International Sale of Goods dated April 11, 1980).
7.2.
Severability
. If any term or provision of this
Agreement is declared void or unenforceable in a
particular situation, by any judicial or administrative
authority, this declaration shall not affect the
validity or enforceability of the remaining terms and
provisions hereof or the validity or enforceability of
the offending term or provision in any other
situation. To the extent possible the provision will be
interpreted and enforced to the greatest extent
legally permissible in order to effectuate the original
intent, and if no such interpretation or enforcement
is legally permissible, shall be deemed severed from
the Agreement.
7.3.
No Waiver
. The failure of either party to enforce
any rights granted hereunder or to take action
against the other party in the event of any breach
hereunder shall not be deemed a waiver by that
party as to subsequent enforcement of rights or
subsequent actions in the event of future breaches.
7.4.
Amendments
. FLARM Technology reserves the
right, in its sole discretion, to amend this Agreement
from time to time by posting an updated version of
the Agreement on www.flarm.com, provided that
disputes arising hereunder will be resolved in
accordance with the terms of the Agreement in
effect at the time the dispute arose. We encourage
you to review the published Agreement from time to
time to make yourself aware of changes. Material
changes to these terms will be effective upon the
earlier of (i) your first use of the FLARM device,
software, firmware, license key, or data with actual
knowledge of such change, or (ii) 30 days from
publishing the amended Agreement on
www.flarm.com. If there is a conflict between this
Agreement and the most current version of this
Agreement, posted at www.flarm.com, the most
current version will prevail. Your use of the FLARM
device, software, firmware, license key, or data
after the amended Agreement becomes effective
constitutes your acceptance of the amended
Agreement. If you do not accept amendments made
to this Agreement, then it is your responsibility to
stop using the FLARM device, software, firmware,
license key, and data.
7.5.
Governing Language
. Any translation of this
Agreement is done for local requirements and in the
event of a dispute between the English and any non-
English versions, the English version of this
Agreement shall govern.
