Confidential Information - Do Not Distribute
APPENDIX A
DISCLAIMER
1.
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 s.r.l. 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
s.r.l..
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.
2.
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 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 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 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 s.r.l. 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 error 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 s.r.l. 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”.
3.
Disclaimer for the “Use” of the Products.
i.
The User shall follow the instructions provided by IDS GeoRadar s.r.l. 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 s.r.l. 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 s.r.l. 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 s.r.l.;
d.
Unauthorized changes and additions to the Products.
e.
Use of the Products connected to suspected non-working equipment or
with equipment (mainly PC) having characteristics non in compliance with
the required specifications of IDS not expressly authorized by IDS
GeoRadar s.r.l.;
f.
Poor or faulty operation of the electrical and telecommunication networks
not directly managed by IDS GeoRadar s.r.l. or its delegates.
