DISCLAIMER
IDS GeoRadar s.r.l.
MN/2017/011 Rev 1.0 31/ 38
APPENDIX B - DISCLAIMER
DISCLAIMER
Generals.
i.
The present Disclaimer applies to all products (the “Products”)
designed, produced and distributed by
IDS
GeoRadar
s.r.l
its
Subsidiaries, Affiliated and authorized Distributors. IDS
GeoRadar
reserves full ownership and intellectual property rights of any
“Information” contained in this Disclaimer including Trade Marks and
Graphics. No part of this Disclaimer may be used or reproduced in any
forms without the prior written agreement of IDS
GeoRadar
.
ii.
In the event that any provision of this Disclaimer may be invalid,
unlawful or incapable of being enforced by a rule of law, all other
provisions shall, nonetheless, remain in full force and effect. Failure to
either enforce or exercise any right, privilege, or legal remedy at any
time, any provision contained in this Disclaimer, shall not be deemed a
waiver of such provisions or right, remedy, or privilege.
iii.
This Disclaimer shall be interpreted, governed, construed and enforced
in accordance with the laws of Italy. Buyer hereby consents to the
exclusive jurisdiction of Pisa
Initial Precautions for Setting-up and Use of the Products.
i.
The Buyer, for setting-up and using the purchased Products, shall consult
the official documentation provided by IDS
GeoRadar
for the Products
(“Reference Documentation”) and carefully ascertain the compliance
with national laws and requirements, which may limit or even forbid
their use.
ii.
For Products which shall operate by circulation in Public Areas/Roads,
with or without moving traffic, Buyer/User shall verify the approval of
local authority and/or site’s owner according to their specific procedures.
IDS
GeoRadar
shall not be liable for any direct, indirect, special,
incidental or consequential damages or injuries, including without
limitation, lost revenues or lost profits, resulting by un-authorized use of
the Products in Public Areas/Roads.
iii.
For IBIS Products Family, Buyer/User warrants:
•
that these Products are not being used, in the design,
development, production or use of chemical, biological, nuclear
ballistic weapons. Buyer/ User will defend, indemnify and hold
IDS
GeoRadar
harmless against any liability (including
attorney’s fees) for non
-compliance with the terms of this
article.
•
that no operation or use of the IBIS products shall be started
before its designated Operator/s has got the IBIS User
Certificate, as defined by IDS
GeoRadar
specific procedure
which the Buyer confirms to know and accept.
iv.
For Products which include specific “Operational” software with
automatic data processing and analysis “Tools”, i.e. the
IBIS Products,
User shall be aware that the results provided by these “Tools”
may be
not free. User that completely relies on the outcomes provided by these
Tools only, does it at his own risk.
v.
In no event IDS
GeoRadar
shall be liable for special, direct, indirect,
incidental, exemplary, punitive or consequential damages including, but
not limited to, loss of profits or revenue, caused by the use of the
Products, either separately or in combination with other products or
relied upon the results provided by the above “Tools”.
Disclaimer for the “Use” of the Products.
i.
The User shall follow the instructions provided by IDS
GeoRadar
in its
official “Reference Documentation” for the Product, in particular the
User’s Technical Manual which contains all the specific steps and
recommendations for a correct setting-up and use of the Product.
ii.
In no event IDS
GeoRadar
shall be liable for special, direct, indirect,
incidental, exemplary, punitive or consequential damages including, but
not limited to, loss of profits or revenue, caused by the missed or
incomplete observance of the instructions and prescriptions for the use of
the Products, either separately or in combination with other products, in
particular for the following main aspects:
a.
Use of IDS
GeoRadar
Products outside its limitation of use,
without proper and adequate scientific/technical knowledge or
without specific training.
b.
Use of results/outcomes of the measurements performed by the
Product aimed to safety aspects without using adequate control
procedures and assessment by skilled personnel.
c.
Opening of the Equipment (for HW Products) without express
written authorization of IDS
GeoRadar.
d.
Unauthorized changes and additions to the Products.
e.
Use of the Products connected to suspected non-working
