Flyability 3, Original Instructions Manual

Page: 7 / 26

ORIGINAL INSTRUCTIONS Page 7 of 26
Strictly confidential
DISCLAIMER
Terms with initial capital letters shall have the following meanings:
“Agreement” ........ means the conditions of use of this Original Instructions and any other agreement
between You and Flyability per which the Product has been delivered to You, in-
cluding but not limited to Flyability’s General Terms and Conditions.
“Flyability” .............. means Flyability SA, a company incorporated in the Canton of Vaud in Switzer-
land under federal number CH-550.1.156.670-6 (IDE CHE-348.376.646) having its
registered offices at EPFL Innovation Park BLDG C, 1015 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 oper-
ating the aircraft
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.
By using the Products, software and systems of Flyability, You fully accept and consent, without
reserve, Flyability’s warranty and liability terms stated below and all other terms and conditions
agreed between You and Flyability.
1. Product limited warranty
By using the Product, You hereby signify that you have read, fully understood and agreed this dis-
claimer and the original instructions, and You agree that the Product:
(i) Can only be operated by Flyability Certified ELIOS 2 Pilot and, if required by laws, with
other drone pilot licenses or any other certification necessary to pilot ELIOS 2; and
(ii) Presents a risk of physical injuries if wrongly used; and
(iii) Presents a risk of damaging Your and Third-parties’ property if wrongly used; and
(iv) May be unfitted to Your needs and purposes; and
(v) Is intended to be used by Flyability Certified ELIOS 2 Pilot for industrial and professional
purposes only; and
(vi) Should not be used under influence of alcohol, drugs or any substances that may impair
cognitive abilities; and
(vii) Is subject to local regulations that could prevent its use.
You shall pursue available remedies to You according to the Agreement. The warranty shall exclude
defects due to misuse, non-observation of the Original Instructions, moisture or liquids, explosive
gas, proximity or exposure to heat at temperatures exceeding the Operating temperature of 50
degrees Celsius, excessive strain, abuse, neglect, misapplication, repairs or modifications made by
anyone other than Flyability or certified by 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