Flyability Elios Charger Discharger, Руководство пользователя

Страница: 5 / 28

USER MANUAL Page 5 of 28
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 Switzerland
under federal number CH-550.1.156.670-6 (IDE CHE-348.376.646) having its regis-
tered 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 operat-
ing 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) May be unfitted to Your needs and purposes; and
(ii) Should not be used under influence of alcohol, drugs or any substances that may impair
cognitive abilities; and
(iii) 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 User Manual, moisture or liquids, explosive gas, prox-
imity or exposure to heat at temperatures exceeding the Operating temperature, excessive strain,
abuse, neglect, misapplication, repairs or modifications made by anyone other than Flyability or cer-
tified 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 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,