Copyright © 2019 Xflight Technologies LLC, Florida, USA
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liability, if any, for defective Goods, is limited to replacement, repair or refund of the
defective Goods, at Seller's option for up to 30 days from date of purchase.
6.
PERSONAL USE
. Buyer agrees to limit the operation and use of purchased Goods to
personal recreational use. Buyer agrees to not develop or resell Goods, its components,
or documentation to another party without Seller’s written authorization.
7.
PRODUCT RISKS
. Note that the Xflight Autopilot system utilizes a third-party UAV Flight
Controller designed for unmanned aircraft, and its application to experimental aircraft is
an experimental application. The performance cannot be expected to be comparable to
that of a commercial autopilot system.
Buyer acknowledges that the ownership and operation of the newly developed
autopilot and AHRS products, including the subject Goods contemplated by this
contract, comes with many unforeseeable risks and potential hazards. Buyer has
reviewed the risks, safety hazards and recommendations provided by Seller in the User
Guide. Buyer has considered these risks and represents himself as a consumer with a
sophisticated understanding of aircraft operation and mechanics, vehicle physics, flying
safety protocols, and the concepts underlying th
e Goods’ design. Buyer accepts all
foreseeable and unforeseeable risks associated with the ownership and operation of the
Goods, components, and related equipment.
8.
INDEMNIFICATION.
Buyer shall defend, indemnify, and hold harmless Seller, including
its officers and agents, from any and all actual or alleged claims, demands, causes of
action, liability, loss, damage and/or injury (to property or persons, including without
limitation wrongful death), associated with the ownership and operation of the Goods
of this contract. This indemnity shall apply in all actions, whether brought by an
individual or other entity, or imposed by a court of law or by administrative action of
any federal, state, or local governmental body or agency, arising out of or incident to
any acts, omissions, negligence, or willful misconduct of Buyer, its personnel,
employees, agents, contractors, or volunteers in connection with or arising out of
Buyer's actions. This indemnification applies to and includes, without limitation, the
payment of all penalties, fines, judgments, awards, decrees, attorne
ys’ fees, and related
costs or expenses, and any reimbursements to Seller for all legal expenses and costs
incurred by it.
9.
REMEDIES ON DEFAULT.
In addition to any and all other rights a party may have
available according to law, if a party defaults by failing to substantially perform any
provision, term or condition of this Contract (including without limitation the failure to
make a monetary payment when due), the other party may terminate the Contract by
providing written notice to the defaulting party. This notice shall describe with sufficient
detail the nature of the default. The party receiving such notice shall have 30 days from
the effective date of such notice to cure the default(s). Unless waived by a party
